STATE OF CAMBODIA
Independence  Peace  Freedom  Happiness
 

  COUNCIL OF STATE

DECREE No. 18

• Seen the Constitution of the State of Cambodia;

• Seen the law on the Organization of the National Assembly and the Council of State of the People's Republic of Cambodia promulgated by Decree No. 04 Decr. dated  February 10, 1982.

HEREBY PROMULGATE

the Law on the Forced Physical Imprisonment which was adopted by the National Assembly of the State of Cambodia on  January 30, 1992 during its 22nd Session of its 1st Legislature.

Phnom Penh, on January 8, 1992 
for the Chairman of the Council of State 
HENG SAMRIN.

STATE OF CAMBODIA
NATIONAL ASSEMBLY

LAW ON FORCED PHYSICAL IMPRISONMENT

This law was adopted by the National Assembly of the State of Cambodia on January 30, 1992, 
during the 22nd Session of its 1st Legislature.

Article 1:

Pecuniary sentencing shall be made up of a fine, damage plus interest or compensation. The methods of claiming for pecuniary sentencing may be proceeded either by claiming for each item separately or all 3 items altogether at the same time according to what permitted by the law on forced physical imprisonment.

This pecuniary sentencing shall be claimed according to the power of the court's final judgment. The compensation, damage plus interest as decided by the court shall be satisfied upon the demand of the complaining party. The compensation, damage plus interest for the benefit of the State shall be claimed through the Ministry of Justice.

Article 2:

When claiming for a fine, damage plus interest and compensation altogether from a defendant who does not possess sufficient resources, the damage plus interest and compensation shall be claimed at first as a matter of priority.

The procedures for claiming a fine, damage plus interest or compensation shall be the same as those for claiming for damages in civil cases, except for procedures of forced physical imprisonment.

Article 3:

The forced physical imprisonment is only a measure to force the convict to pay a pecuniary sentencing but not a substitute.

After serving the prison sentence, the convict shall still remain liable for the pecuniary sentencing but he can not serve the prison sentence for the second time.

Article 4:

A person who under Civil law is prohibited from serving prison sentence, can not avoid prison sentence under the Criminal law whether the money owed is either a fine or damage plus interest or compensation.

A minor person below 18 years of age and an insane person shall not serve a prison sentence to collect a pecuniary sentencing.

Only those adult persons older than 18 years of age of sound minded capable of distinguishing right from wrong could serve a prison sentence.

Article 5:

In criminal cases, the request for prison sentencing shall be done with free of charge  when there is a complaint filed by the complaining party or the Minister of Justice to the chief judge of the provincial or municipal court where the convict reside. A warrant shall be issued to bring the convict to jail. The Chief judge shall issue such warrant after the final court judgment.

However during the prison term, if the convict has paid off all amount due under the pecuniary sentencing, the Chief judge of the Court shall issue a release order of the convict immediately.

Article 6:

The Minister of Justice may suspend the prison sentence if the convicted person’s health is not in good condition and provided the convict is not serving prison term under another crime.

The Minister of Justice may suspend the prison sentence only proof of a medical certificate from a doctor who examined such convict. The cost for the medical examination shall be borne by the convict and paid to the court clerk’s office of the adjudicate court where he reside.

The Minister of Justice may suspend the prison sentence for a period of only one month. However, the convict could obtained a new medical certificate, he can again each time request for another one month postponement.

Article 7:

The procedures for calculating the prison sentence shall be on the basis of “one day in prison” for every five hundred (500) Riels or less of debt. When the amount of debt is up to One hundred thousand (100,000) Riels, this prison sentence shall be calculated on the basis of “one day in prison for every five hundred Riels of debt”. If the amount of debt exceeds 100,000 Riels, its surplus shall be calculated on the basis of “one day in prison for every 1,000 Riels of debt”. But regardless of the amount of debt, the prison term can not exceed two (2) years.

Article 8:

If one or many convicts owed a joint pecuniary sentencing for a joint offense, each one of them shall be jointly and separately liable for the prison sentense meaning that when a prison term is calculated for 20 days, each of them shall respectively serve 20 days.

When one or many convicts has/have committed one or many offenses and who are liable for the payment of a pecuniary sentencing to one or many complaining party(ies), the prison term shall be considered separately for each amount of money owed to each of complaining party. Damages or compensations shall not be combined into one.

In the event of a cumulative fine and compensation in a pecuniary sentencing, a separation shall be made on the amount of the fine and the compensation respectively in order to calculate the prison term accordingly.

Article 9:

When many convict persons some of whom are principals, co-principals, and accomplices of a single sentence each one of them shall be liable for their share of the debt. In that case, the above formula shall be used to determine the duration of the prison term. Each convict shall separately liable for his share of the debt.

Article 10:

In principle, in criminal cases as well as in civil cases, the claim of a pecuniary sentensing may be executed only there is a stipulation in the court's judgment.

In criminal cases, it is not necessary to have a complaining party file a complaint, the court is empower to order a prison term to recover a claim if the debtor refuses to pay it.

In civil cases, it is necessary to have to have a complaining party (plaintiff) file a complaint to the court to order a prison term in order to recover a claim if the debtor refuses to pay it. Nevertheless, the court should not urge or instruct the complaining party to do so.

Article 11:

The judgment or part of the judgment shall mention the following instruction.:

“The Head of State of the State of Cambodia hereby order to those who are to implement this judgment to comply with this judgment and order to the authorities at all levels to help enforce this above judgment pursuant to a legal request was made”.

Article 12:

In principle, the court clerk shall mention in the judgment the duration of the prison term, failing which he shall be fined five thousand (5,000) Riels.

Article 13:

All armed forces, people’s police, local authorities at all levels shall assist in the enforcement of the court's judgment pursuant to a legal request to do so.

This law was adopted by the National Assembly of the State of Cambodia on January 30, 1992, during the 22nd Session of its 1st Legislature.

.

Phnom Penh, on January 31, 1992  

For. The National Assembly,

Chairman,

Signature and seal of CHEA SIM