Criminal justice in Cambodia follow French civil law system which center on the role of judicial investigation prior to the trial. The Investigating Judge (IJ), which is independent and impartial, oversees the judicial investigation. The role of the IJ is to ascertain the truth and by doing so it collates all evidence either for the prosecution or for the defence. Following the French model, the Criminal Procedure Code enable the victims to fully participate in the criminal process through application for constitution as civil parties with the purpose of claiming for reparation. The Cambodian Constitution recognizes the rights of accused and victims as enshrined in the International human rights conventions in particular the rights to fair trial. (For civil court system, see Commercial and Civil Litigations in Cambodia post)

In most cases and especially in the serious crimes, the judicial investigation begins with the initial charge laid down by the Royal Prosecutor (Prosecution) known as the Introductory Submission. After the completion of extensive, exhaustive and meaningful investigation, if the IJ found there is insufficient evidence for the conviction of the charged person, the IJ will dismiss the charge. However, if it found otherwise, the IJ will send the charged person together with the evidence to trial through the Indictment. The trial, in principle, is a by-product of the judicial investigation. The result of the trial is either acquittal or conviction. The convicted persons have the right of appeal against the conviction (as well as the decision on reparation to victims) to the Court of Appeals.

There are three levels of court, the First Instance Courts, the Court of Appeals and the Supreme Court. First Instance Court sits at each of the 25 provinces including the Phnom Penh Capital. The Court of Appeals only exists at regional level and currently there are four regional Courts of Appeals namely Battambang, Tbaung Khmum, Sihanoukville and Phnom Penh. There is only one Supreme Court situates in the Phnom Penh Capital.

Despite the overall power of investigation vested with the IJ, the Criminal Procedure Code empowers the prosecution, civil party and the defence lawyers to take part in the process and they play crucial roles to ensure the meaningful, extensive and exhaustive judicial investigation, especially the rights to fair trial. Some major roles include reviewing the case file (dossier), requesting the IJ to conduct a specific or additional investigation, and challenging the validity of collected evidence.

It is practically challenging for the accused to directly participate in the judicial investigation without the assistance of the lawyer. This challenge is worse in case the accused was detained. Lack of means to access the dossier is one of the reason that prevents the accused from meaningful participating in the judicial investigation.

With robust, zealous and diligent lawyers who are experienced in both national and international criminal justice will assist the client to meaningfully participate in judicial investigation as well as in other phases in criminal proceedings. SP Khmer Legal Law Office has a legal team of well-experienced and knowledge-based lawyers and offers legal services to both accused and victims at all stages of criminal proceedings. (Contact Us)

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by : Mosseny