Law 
on
Criminal Procedure
 

Chapter I :General Provisions

Article 1:

The law on criminal procedure has the purpose of establishing the rules that shall be respected and strictly implemented in order to determine by law the existence of a criminal offence. 

Article 2:

Any criminal offence may give rise to two separate legal actions : public action and civil action.

 Article 3:

The penal action is for the purpose of condemning all acts disrupting social order and breaching the peace and the offences provided by law in force.

Therefor, public actions strive to prevent these offences from re-occurring by imposing on offenders punishments provided by the law.

Article 4:

Only officials appointed by law may initiate public actions.

Article 5:

The civil action is for the purpose of claiming reparation for damages caused by act of offence, to the injured party who, for this purpose, shall receive award proportionate to the damages incurred to him/her.

Article 6:

Both actions public and civil even though causally inter-related, can always be separately filed.

Article 7:

Pubic action may not be settled by any arrangement.

The court of repressive jurisdiction provided in further articles; when seized upon knowledge of any penal infraction, shall decide on the case. The non-compliance to this principle shall be considered as a miscarriage of justice and punishable of a disciplinary measures or imprisonment form 6 days to 1 month.

Article 8:

The exercise of penal action and putting it into process are the responsibilities of the prosecution department.  

In principle, at the prosecution department, the deputy general prosecutor and prosecutor perform their duties on behalf and under the responsibilities of the general prosecutor, whether or not in his/her presence.  

At the municipal and provincial prosecution department the deputy prosecutor performs his/her duties on behalf and under the responsibilities of the prosecutor, whether or not in his/her presence.

Article 9:

The person who believes to be injured by an infraction may lodge a complaint along with the prosecution proceedings in order to obtain award.

Article 10:

In case when the complaint of any plaintiff, believing to be injured by an act that he/she thinks consisting a criminal offence and the representative of the prosecution office does not respond or file it without follow-up, the plaintiff may summit the case to the appellate court.

Article 11:

The penal action can be exercised against any person in the State of Cambodia without discrimination of race, nationality, religion, sex or social class.

Article 12:

The civil action may be grouted only any crime, misdemeanor or mine offence, however, in order to judge whether or not a civil action is relevant, the fact constituting the criminal offence that gives rise to civil reparation shall be clearly and appropriately indicated according to the law.  

On the other hand, the criminal offence shall have really caused damages, even though the damage is a moral one.

Article 13:

It is not sufficient to just have criminal offence and damages caused by the offence but there shall also be relationship between the two elements: cause and effect, or in other words the damage is the direct result of the offence and it really and currently occurs.

Article 14:

In principle, only the person who is personally injured by the offence may file a civil action.

May also file a civil action on behalf or for the benefit of the person injured by the offence are those who have legal guardianship of the injured person or those, by law, have the authority to represent the victim.

Article 15:

The civil action can be exercised against all those who are liable for the reparation of damages resulting form the offence, that is to say principals, co-principals and accomplices as well as those liable for civil action on that offence.

The civil action may exercise against the persons civilly liable because it is a consequence of the liability to the person whom he/she shall respond in accordance with the provision of the civil law. However, the civilly liable person shall not be subject to direct or sole condemnation.

Article 16:

The civil action may be filed to gather with the penal action at the same time and before the same judge.

The civil action may also be filed separately, In the latter case, the exercise of the civil action shall be suspended as long as the penal action is not finally decided.

Article 17:

The victim of any offence who has lodge a complaint for damages before the civil judge and who has already received reparation shall not be a plaintiff claiming damages in the public prosecution of the same case.

Article 18:

The principle can only be applied when the civil and penal jurisdictions receive the same case that means there is identity of subject of cause and of parties.

Article 19:

The criminal jurisdiction, receiving complaints for damages from an injured party, shall not only decide on criminal case and continue to hear the case decide on the civil action in another session, If it is not sufficiently it shall put off the judgment till later time.

Nevertheless, in any particular case when the amount for damage cannot be evaluated at the present time, the jurisdiction shall just recognize the rightfulness of the claim for damages and delay assessing the amount of compensation which will latter be furnished by the plaintiff claiming damages.

Article 20:

Eventhough, in principle, a judge who hears a case may hear all issues arising from the case: that means any criminal judge has the competence to adjudicate all questions raised by parties before him; but at the same time and during the same criminal proceeding there may happen a question called "preliminary question " which is a question necessary to establish an offence, and that the criminal jurisdiction cannot resolve. It is so when the question raised is the question of pure civil law.

Article 21:

There are two kinds of preliminary questions: the preliminary for action and preliminary on judgment.

The preliminary question for action exists where the prosecution cannot carried out as long as this preliminary question has not been definitely resolved.

The preliminary question on judgment is the question that causes the stay of proceeding of prosecution. That is to say the criminal judge has received valid prosecution but the cannot decide on the merits unless he has received preliminary decision from the civil jurisdiction.

Article 22:

Preliminary questions for action are those which can occur on the issue of a crime or a misdemeanor relating to a taking away or a consealment of a baby newborn.

No prosecution can be instituted on a crime or a misdemeanour of the suppression of the status of birth of a person if there is no judgment previously recognizing the filiation of the child whose status has been suppressed.

Article 23:

The Preliminary questions to judgment are incidental pleas relating to the right to proprietorship or another real estate right, and the plea concerning the existence of marriages in the bigamy case.

Article 24:

To be considered that is preliminary question relating to the proprietorship right or another real estate right, such as usufruct, use or easement, the real estate right, put forward as means of defense in the criminal proceeding, shall be of a realty right. If it’s only of a personal right the criminal judge is always competent to  adjudicate and there is no preliminary question to be decided by the civil jurisdiction.

Article 25:

The right of possession will constitute an preliminary question only if its is substantiated by a valid title or by a title of which the nature is sufficiently serious for consideration. In other case, if it only is invoked by using witnesses to establish the right, the case then remains subject to the consideration of the penal jurisdiction.

Article 26:

The preliminary question relating to the right to proprietorship or other right of real estate shall not be automatically raised by the jurisdiction, but only by the accused him/herself.

Article 27:

The preliminary question can be raised at any stage of the case even in the stage of appeal.

Article 28:

In case when the prosecution relates to the poligamy, the nullity of one of the two marriages may be raised but to the condition that the alleged facts raised make the nullity possible.

Article 29:

When the preliminary question is raised and considered admissible by the criminal judge, the judge, under penalty of nullity, shall stay the judgment and set up a time allowing the party who raises the preliminary question to submit to a competent jurisdiction.

Article 30:

In any case, the judge shall be not discharge any defendant without hearing.

If the judge considers that the incidental plea is not admissible he will simply reject it and continue the hearing and obligatory indicate it in the ground of this decision. If the judgment does not indicate the ground in this regard, it is vitiated by absolute nullity.

Article 31:

At the expiration of the set-up time as specified in article 29. If the accused justifies having submitted to a competent civil jurisdiction about the preliminary question, a new time limit may be granted in order to obtain judgment on the question. The competent civil jurisdiction is notified of the date of expiration of this time limit by the representative of the prosecution department.

If, at the expiration of the time limit, a final decision is taken on the preliminary question, the procedure shall reproceed normally. Without the decision and if the delay id imputed to the negligence of the accused, the latter is considered as having renounced the exercise of the interlocutory question. The criminal tribunal shall continue the proceeding.

Article 32:

If the accused is the applicant of the incidental plea and if she/he brings in a judgment in his favor on the preliminary question, the criminal jurisdiction shall recognize this decision and discharge the accused.

If the accused loses in the process of the preliminary question, penal jurisdiction shall proceed with the public action as if the incidental plea has not been occurred.

Article 33:

The renunciation of the civil action may neither shop nor suspend the prosecution.

Article 34:

The prosecution may be extinguished in the cases below:

·     The death of offenders,

·     The expiration of statue limitation of the offence,

·     The amnesty,

·     The withdrawal of the injured party in a number of penal offences, such as the taking away of minors above 14 years of age with consent, the insult on ancestors.

Chapter  II: Judiciary Police

Article 35:

The judiciary police searches crimes, misdemanours and minor offences, gather evidence and handover perpetrators to the jurisdiction in charge of punishment. But the offenders can be arrested and handed over to the court by the judiciary police only in the case where they commit obvious crimes or misdemeanore caught  red-handed in the act or when there is an order to appear or a warrant of arrest.

Article 36:

The judiciary police or those who can perform the duty of  judiciary are:

1. Prosecutors and magistrates in charge of investigation “on duty only”

2. Directors and deputy directors of the departments of the judiciary and economic police.

3. Directors and deputy directors of the department of counter terrorism.

4. Commissioners and inspectors of municipal and provincial police.

5. Chairman of the office of criminal and economic police.

6. Chairman of the office of counter terrorism.

7. Chairman of the office of security police.

8. District, provincial and khan police inspectors.

9. Chairman of administrative police station “in regards to criminal offence”.

10. Commissioners of traffic police or traffic violation section “for traffic violation”.

11. Chairman and officers of military police “for military offence”.

12. Border police officers.

13. Customs inspectors “for customs violation”.

14. Officers of the forestry and fishing.

All operation of the judiciary police is under direct guidance of the prosecutors and under supervision of the prosecutor general of the appeal court.

Article 37:

The officers of the judiciary police competent to perform are as the following:

- The judiciary police officers at places where criminal offences occur.

- The judiciary police at the residence of the offenders.

- Or the judiciary police officers at the place where the offenders is found.

Article 38:

The officers of the judiciary police:

- Receive denunciations, complaints as well as judiciary police reports relating to crimes, misdemeanours and minors offences.

- Gather evidences.

- Can request the assistance of the public fore.

- Make reports.

- May accept rogatory commission.

- May decide the detention for a maximum of 48 hours.

- In cases of crimes or misdemeanours caught red-handed in the acts, the judiciary police may interrogate witnesses, search and confiscate the object produced in evidence, assign experts, decide to detain offenders for 48 hours.

Article 39:

The officers of the judiciary police shall write down their findings and the result of their searches in the document called report.

In principle. the police reports are not necessary the base for prosecution. They simply provide elements of appraisement for prosecutors and judges.

Article 40:

The reports shall indicate first and last name and function of the reporter who shall sign and date the report which shall be made without delay. The erasures and writing over the existing text must be approved.

Article 41:

In principle, the reports worth only as information. In other terms, the police reports possess the value of simple reports and do not obligate the jurisdictions or judges to believe.

Article 42:

Nevertheless, the reports of the judiciary police shall be considered as authentic evidence to the contrary when they are drawn up by the officers of the judiciary police. In this case. judges shall consider the essence of the report truthful and accurate as long as contradictory evidences are not brought up. The se contradictory evidences may be freely brought to the judge by all legal means.

Article 43:

For minor offences, the report of the judiciary police shall always be considered as authentic until the showing of contradictory evidences. There is only one condition: police officers who make the reports shall have the quality to conduct the inquiry on minor offences.

Article 44:

The officers of the judiciary police shall. in the shortest period of time. submit his reports, with object produced in evidence, to the prosecutor of the competent jurisdiction.

Article 45:

The officers of the judiciary police have the rights to directly conduct official inquiries on all penal offences, except some offences for which the law requires the complaints from the injured party prior to the inquiries.

Article 46:

The officers of the judiciary police also have the rights to collect evidence and the rights to also conduct house-searches, but this rights of house-search may only be conducted when crimes or misdemeanours are flagrant delicate.

Article 47:

The officers of the judiciary police have the rights to arrest offenders only in cases of crimes or misdemeanours caught red-handed in the act. They shall bring the alleged offenders to the competent jurisdiction within 48 hours without counting necessary transportation time by the quickest transportation means possible.

In case of non-compliance with this strict rule, the officers shall be punished in accordance with articles 22 and 57 of the interim penal code. 

Article 48:

In any case, the officers of the judiciary police have no rights to file without continuation the penal case that they have received, eventhough already coming to terms.

They shall always forward their reports to the competent prosecutor.

Chapter III : Provincial Public Prosecutor Department

Article 49:

There is one public prosecutor department in each provincial court. In each public prosecutor department there are one prosecutor and one assistant prosecutor.

Article 50:

In principle, the prosecutor has the same rank as the president of the court.

Article 52:

Concerning the civil jurisdiction, the prosecutor shall be always the principal party. In that sense, this is the prosecutor files the prosecution in the court, by accusing and asking for the application of the law upon the accused.

Article 53:

Concerning the civil jurisdiction, the representative of the public prosecutor department is only a joint-party; that is he/she may express his/her opinion if he/she wishes.

As a joint-party, in a civil case the representative of the public prosecutor may not appeal the case to the appeal courts or to the supreme court.

Article 54:

Concerning the civil actions, the ones which are related to the public law and order or to the interest of a minor or a disabled person etc..., the representative of the public prosecutor shall consider herself/himself as principal party. In this case, the public prosecutor department takes action automatically.

Article 55:

Once the perpetration of any crime or any misdemeanor is known. the prosecutor shall proceed immediately to the investigation measures which are provided to him/her by the law and which are necessary to find the truth. In case where the committed crime or misdemeanor is exceptionally serious, the prosecutor shall inform immediately the general prosecutor at the appeal court and the Minister of Justice. The prosecutor shall carry out the instruction he/she receives from them in this matter.

In case where the prosecutor is unavailable because of the sickness or other  reason, the assistant prosecutor shall be in charge in his/her place. If there are many assistant prosecutors, the one who is senior in the rank shall replace the prosecutor.

If there is no assistant prosecutor the Minister of Justice shall decide immediately any judge from the jurisdiction to replace the prosecutor. In cake of extreme emergency, the president of that jurisdiction may designate a judge to temporary replace the prosecutor and shall inform immediately the Minister of Justice.

Article 56:

The prosecutor has the duty:

- To receive the complaint and the denunciation related to the crime or the misdemeanor even though the complaint is from any person, from any officer of the judicial police or from any official competent for the penal action.

-  To receive the report made by the officer of the judiciary police who ascertains crimes, misdemeanors or the minor offenses.

-  To proceed  to preparatory investigation by himself/herself in case where the offense is a crime or a flagrant delicate misdemeanor.

- To call out the public force for the performance of his/her duty.

Article 57:

The prosecutor has no duty to search for the minor offender but when the penal court judges on the minor offense, the prosecutor may ask for the punishment related to that minor offenses.

Article 58:

When the prosecutor upon receiving a complaint, denunciation or report, shall immediately register or ask someone to register it in a registration book called order register which consists of different columns as follows:

-  First column is for the case number and the date of the registration into the book

-  Second column is for the offender’s surname and name

- Third column is for the plaintiffs surname and name if there is any

-  Fourth column is for the nature, the date and the place of the offenses

-  Fifth column is for miscellaneous.

Article 59:

Once the complaint, denunciation or report have been received, and if the prosecutor thinks that it does not constitute a penal offense, he/she shall file that case without processing and with his remark written on that complaint denunciation or report and also on the order register. In that case, the prosecutor shall inform the plaintiff on his/her decision within a period not longer than two mouths starting from the date he/her received the complaint. the plaintiff may appeal his/her decision to the appeal court.

The decision to file without processing by the prosecutor., has no res judicita. This means the prosecutor may always change his decision, unless the prosecution expires due to the statute of limitations or due to the other cases provided by law .

Article 60:

If the complaint pertained to the crime or the misdemeanor, the prosecutor shall immediately open a judicial enquiry, this means, the prosecutor makes a change called introductive requisition which indicates the offense in accordance with the law and the person presumed to be responsible for the offense and sends it to the judge.

Article 61:

In case of misdemeanor, the prosecutor may accuse the offender and send him/her directly to the penal court for judgment or proceed  the same way as described in article 60 above.

The prosecutor  accuses and send the offender to the court for judgment when the file is completed and there are sufficient factors that constitute the offense. The prosecutor has also the right to make additional inquiry before sending  the case to the court. In this case, he/she may ask necessary informations form the judiciary police officer. Once all the information is obtained, the prosecutor sends the case to the court for judgment which is based on the full knowledge of the facts.

Article 62:

In the case where the committed crime is flagrant delicate, and if the investigating judge did not receive the case, the prosecutor may issue order to the suspect to appear through arrest.

The prosecutor shall interrogate immediately that person. If that person is accompanied by a human right defender, the prosecutor shall interrogate him in the presence of his human right defender. The prosecutor may interrogate the witness who is present and issue an order to take temporary measures, in order to ensure the sufficiency of the evidence.

The prosecutor may search the criminal offender’s house and confiscate the object produced in evidence necessary for finding the truth.

The prosecutor may interrogate any person who may provide useful information but may not order him/her to have witness or order to take an oath. The prosecutor has right to assign an expert to evaluate the object produced in evidence that the prosecutor thinks necessary.

The prosecutor has the right to forbid any person from leaving the scene of the crime. If the prohibition is not respected, the prosecutor may issue a requisition to detain that person for 24 hours.

Once the report on the place of the accident is completed, the prosecutor shall send immediately the file and the introductive requisition to the judge who will continue to gather some more information or reviewed all the documents if he/she thinks in the case where he/she feels there is a need. When the investigating judge receives the case and is present at the scene of the offense, the prosecutor or the judiciary police officer shall give the whole investigation process to the judge.

Article 63:

The prosecutor shall examine immediately whether or not the charge on the offender is sufficiently established. If the offend is detained and with proper report send to him. If the charge is related to a flagrante delicto offense punishable by imprisonment, the prosecutor interrogates the offender the following firstly,

-  Identity card with the surname and name, age, profession, the domicile place and the date of birth of the offender

-  Surname and name of the offender’s parents

-  Summary of the offender's biography specially on the past judiciary record

After that, the prosecutor asks the questions on:

- The offense that is charged on the offender

-  All circumstances related to the offenses

The prosecutor shall make and sign the report written by a clerk. The report shall also be signed by the offender. If the offender does not know how to sign the prosecutor shall mention it in the report and have the offender's to fingerprint.

Article 64:

Upon receiving a misdemeanor case, the presiding judge decides on the detention and asks to bring the accused for the next hearing. If the judge finds that the file is incomplete, be may postpone the hearing to a later date which is not longer than four months counting from the date of detention.

Article 65:

If the presiding judge thinks that the accused may be temporarily released, with or without bail, he/she shall decide on this issue before examining the merit. He/she will act the same way if the accused requests it in writing.

Article 66:

If the presiding judge thinks the case that he receives, does not constitute a flagrante to the public prosecutor for action in accordance with the law. The prosecutor issues an assumed order of for the investigation and send it to the investigating judge who shall continue the regulations as stated by the law.

Article 67:

The prosecutor shall apply the procedure directly to the court in case where the convicted person is liable to a punishment of imprisonment not more than one year as the maximum term, if not, the prosecutor shall send the case to the investigating prosecutor.

Chapter IV : the Investigating Judge

Article 68:

In each provincial and city court. there is one or many judges responsible for investigating criminal cases depending on the work load and the court’s needs. No judge may participate in the judgment of a case of which he/she has involved in the investigations.

Article 69:

The investigating judge cannot make any investigative acts if he/she did not received the introductive charge from the representative of the prosecution office. In the case in which the investigating judge has directly been submitted a complaint, he/she shall, before instituting any investigation, forward the complaint and attached documents to the public prosecutor who will process in accordance with the provisions of the preceding chapter.

Article 70:

The investigating judge is referred for the prosecution of a determined act. Therefore, the investigating judges shall investigate only in the area of criminal act specified in the introductive charge from the prosecution office.

Article 71:

During the investigating, if a new punishable act arises, the investigating judge shall have a new introductive charge for investigation in order to be able to investigate this new punishable act. If the new act was only an aggravating circumstance of the former one of which the judge is referred, the same obligation regarding the introductive charge is not required.

Article 72:

The investigating judge has the rights to visit the scene of the offence occurrence always accompanied by a clerk. In this case, previous notice of the visit shall be given to the public prosecutor.

Article 73:

If the imputed act investigated by the judge does not have the misdemeanor character and is only a minor offence, the investigating judge continues the investigation, then forward the case file to the court.

Article 74:

In the case of a conflict among many investigating judges in different territorial circumscriptions who receive the same criminal case, the conflict shall be direct to the appeal court which decides without appeal.

Article 75:

When the accused person appears for the first time, the investigating judge shall record his/her identity, inform him/her of the imputed act, receive his/her statement after informing him/her of the right to answer or not to answer without the assistance of a lawyer or defender chosen by him/her or appointed automatically.

Article 76:

At this first appearance and after recording the identity and informing his/her accused act, if the accused tetts the judge that he/she chooses a lawyer, or requests that a lawyer shall be automatically appointed by the government for hid/her defence, then the investigating judge shall suspend the interrogation and call the counsel shortly in order to interrogate the accused in the presence of the counsel.

The automatic appointment of a lawyer shall be made by the presiding judge in the following cases:

-  The victim is a minor without defence.

-  The accuse person is a minor without defence.

-  The accused person is mute, deaf, blind, or has mental disorder,

-  The accused person is accused of committing any crimes and is not able to afford a defender.

In order cases as mentioned above, the investigating judge may interrogate the accused person when he/she accepts to defend by him/herself.

Article 77:

If the lawyer or the defender did not show up at the indicated date and time, the investigating judge has the rights to interrogate without the presence of the lawyer. the investigating judge shall mention this absence in the report.

Article 78:

The case file shall be put at the disposal of the lawyer or the defender at any time. The communication of the case file shall be made at the clerk's office or, if possible, in the investigating judge's office.

The lawyer or the defender may be authorized to make copies of all pieces of the documents contained in the case file by his/her clerk under his/her entire responsibility.

Article 79:

Right after the first appearance of the accused person, the investigating judge has the rights to decide whether the accused person shall be put in liberty or in temporary detention. This decision is enforceable immediately, even if there is an appeal. unless the appeal is from the public prosecutor.

All parties have the right to appeal the above decision to the appeal court within 15 clear days from the date of receiving the notification of their decision rejecting their request.

The appeal court shall decide the case within 15 days, for the most, from the date of receiving the appeal request.

Article 80:

If the accused person is in detention and has a lawyer or a defender, the lawyer or the defender may freely communicate with his/her clients. The conversation between the lawyer or the defender with his/her detained client shall not be heard to , nor recorded. The lawyer or the defender has the rights to tell his/her client about all documents he/her has seen or copied from the file, and that he/she thinks useful for his/her client's defence. Nevertheless, the lawyer shall not hand over any documents or object to his/her client without the investigating judge's special authorization.

Article 81:

The investigating judge subpoenas to appear before him/her all persons, whose names indicated in the complaint or denunciation complaint, witnesses called upon by the accused person, as well as all other persons of whom the hearing appears to be useful to the revelation of the truth. In all cases, the investigating judge has the rights to confront one party with another, or one witness with other witnesses, or the witnesses with the parties.

Article 82:

Before the interrogation, the witnesses shall take an oath in accordance with their religion or belief. The witnesses shall be interrogated separately one by one. The accused person may be brought in front of the witnesses whenever the judge thinks that the confrontation is required.

Article 83:

The deposition of the witness shall be signed by the judge, the clerk and the witness after reading this deposition to the latter. If the witness refuses to sign, this refusal shall be mentioned this refusal. Each page of the deposition shall be signed by the judge, the clerk, and the witness.

No blank space between lines id allowed. Any crossing out, deletion, and reference shall be approved and signed by the judge, clerk, and witness. The same procedure as mentioned above shall be applied to the deposition of other person in the case.

Article 84:

All person subpoenaed to be witnesses shall respond satisfactory to the subpoena.

If, after receiving the subpoena, the witnesses does not appear before the judge the judge may order him/her to appear enforceable through arrest.

Article 85:

In the case of absolute necessity, if the witness is sick or cannot travel, the judge may go to his/her domicile accompanied by his/her clerk to hear and record the witness's testimony.

Article 86:

If the witness lives in a city or province other than city or province under his/her jurisdiction, the investigating judge may issue a rogatory commission to the judge of the province or town where the witness is located to hear and write down his/her statement.

Article 87:

Besides hearing the witnesses the investigating judge may take other actions deemed useful to the revelation of the truth. For example the, investigating judge may go to visit the accused person's domicile for a house search. In this case, the lawyer or the defender shall be informed and also invited to accompany the judge in the visit.

The investigating judge shall make a report describing, in details, his/her performance and shall sign with the clerk and all other persons participating in the search.

The investigating judge shall be also draw up a precise and detailed inventory of things and papers that he/she has seized and keep them in a closed and stamped package on which the judge and the clerk sign.

Article 88:

The investigating judge may call for an expertise whenever he/she thinks that this measure is necessary for the revelation of the truth. In this case, the investigating judge shall look for the persons deemed to e capable of evaluating such as physician, certified public accountant, jeweller....etc. who can evaluating the nature and circumstance of the offence.

If there was a death with an unknown cause, the investigating judge shall have recourse to a physician specialist to establish the cause.

All expertise expense shall be included into the court cost which is in the accused person's charge if he/she will be finally convicted. If there is no ground for prosecution or if the accused person is discharged, the state will be in charge  of the expertise expenses.

The investigating judge may order a second expert appraisement to check the first one whenever he/she deems necessary.

Article 89:

If the investigating judge thinks that the investigating is complete, the case file shall be kept for the disposal of the accused person's lawyer's for 24 hours. After that, the investigating judge shall issue an order "of discovery". Then, the file is forwarded to the public prosecutor.

There days after the date of receiving the file, the public prosecutor shall make a charge in writing and refer if back to the investigating judge.

Article 90:

If the investigating judge thinks that ht act does not constitute a felony a misdemeanor, or a minor offense, or the charge ion the accused offender is not sufficiently substantiated by evidence, the investigating judge shall be well motivated.

This order and the file shall be immediately forwarded to the public prosecutor for allowing him/her  to file an opposition to the appeal court within 24 hours. If there is an opposition from the public prosecutor, if there is no opposition from the public prosecutor and the accused person does not have other causes to be detained, the investigating judge issues an other to release him/her.

Article 91:

If there is plaintiff claiming damages. He/she shall be informed of the “nonsuit” order which is approved by the public prosecutor. Within the 60 days from the date of receiving  the information, the plaintiff has the right to make and opposition to the appeal court.

If The appeal court overrule the nonsuit order, the president of the appeal court can issue an order to re-arrest and provisionally detain the accused person, if he/she  temporarily released.

Article 92:

If the nature of the crime found  is a misdemeanor or felony, the investigating judged shall send the accused person to the provincial-city court after receiving the charge from the public prosecutor.

The investigating judge is absolutely free to determine the qualification of the crime related to the imputed act. If the investigating judge believe that him/her qualification of the offense is deferent from that of the public prosecutor, he/she shall specify in the committal for trial the motives of this charge of qualification.

In case, the order of the charge of qualification of the offense shall be forwarded to the public prosecutor who has the right to give notice of appeal to the appeal court within 48 hours.

Article 93:

In the case of charge of qualification of the offense from misdemeanor to the felony. it is necessary to have a new charge and the person accused of the felony shall be reinterrogated on the new prosecuted act.

Article 94:

In all case, the public prosecutor may appeal the decision of the investigating judge that he/she is not satisfied with.

Article 95:

When the plaintiff requests the detention of the accused person who is temporarily released, the investigating judge shall make the decision on this issue within 5 days and inform the plaintiff of the decision. The latter has the right to oppose the investigating judge's decision before the appeal court within 15 days from the date of the notification.

Chapter V: Provincial or Municipal Tribunals

Article 96:

In each province or municipality there exist one court of which the territorial jurisdiction covers all territory of the province or municipality. As a “criminal tribunal”, the provincial or municipal court has competence of all kinds of criminal cases.

To be valid by constitute, the criminal court, as well as civil court, requires the presence of a judge, an assistant prosecutor and the assistance of a court clerk.

The judge may be the president, the vice-president or the magistrate of the court.

Article 97:

Parents and relatives, by marriage until fourth degree included, shall not be simultaneously members of the same court, either as a judge or a representative of the prosecution department.

This principle is not only applied to provincial court, but also to all jurisdictions irrespective of level.

Article 98:

In principle, there is an absolute incompatibility of office between a judge and a representative of the prosecution department.

The representative of the prosecution department who performs his/her duty in any proceeding may not be a judge in the same case.

There is also incompatibility of office between am investigating judge and a trial judge.

Article 99:

In case of the absence or impediments of the investigating judge or trial judge, he/she may be replaced by another judge assigned by the presiding judge of the same court.

If that tribunal does not have a judge........................................................( Not legible)

Article 100:

The absent or impeded prosecutor shall always be substituted by one of his/her assistants. In default of an assistant, a representative of the prosecution department of the adjacent provincial or municipal court shall be assigned by the general prosecutor to replace him/her.

Article 101:

If any misdemeanour occurs on the premises and during the hearing the judge shall make a report on the matter, hear the charge of the representative of the prosecution department, the declaration of the accused and of the witnesses then the tribunal shall apply the punishment provided by law and continues the process as usual without leaving the courtroom.

If a felony occurs the culprit shall be immediately arrested and, at the same time, a report shall be made. Objects produced in evidence and the accused shall be sent to the investigating judge with the charge of the prosecution office,

Article 102:

Criminal jurisdiction shall be referred:

-  by the direct sumunon of the prosecutor,

-  by the committal for trial of the investigating judge,

-  by a latter of transfer to the court of appeal or other jurisdiction,

-  by the immediate hand-over of the accused to the court, in a flagrante delito case.

Article 103:

The criminal jurisdiction shall only decide on cases of the accused transferred to it. If a person, subpoenaed as a witness, is found to be a principal, co-principal or an accomplice shall not be judged unless there is a charge or a committal for trial issues against him/her in accordance with the ordinary formality and time limit provided by law.

Article 104:

The criminal jurisdiction shall only decide on acts mentioned in the charge, in the committal for trial or the remand and on accessory circumstances truely related to the act resulted from the hearing.

Article 105:

If the court ascertants that the offense qualification cited in the referral paper is not proper, the court may charge the qualification which shall be exactly imputed to the act, but on express condition that there shall  be  no addition to the elements that are closely  related to the facts specified in the direct summon, the committal for trial or remand.

Article 106:

In case where the change is from a misdemeanour to a felony, the criminal court shall return the case to the prosecutor to proceed on a new charge in conformity with the time limit and formality provided by law.

Article 107:

If the act which is referred for judgment seems insufficiently clear the court may proceed itself with the complementary investigating or return the case to the investigating judge or the prosecutor.  

Article 108:

The accused shall appeal before the judge at all sessions for additional interrogation or hearing. If the accused appears in court and has the opportunity to defend him/herself. judgment to be made shall be judgment after trial.

Article 109:

The civil responsible person or the plaintiff may be represented by an attorney or defender they may be represented by his/her direct line parent or relatives by marriage with written power of attorney.

Article 110:

The accused, the civil responsible person and the plaintiff may read his/her case file at the clerk’s office.

The attorney or defender of each party may copy or have his/her secretary copy all the documents for the preparation of the defense of his/her client.

Article 111:

If the accused, who is properly summoned, does not appear in court the judgment shall be proceeded by default. If the judge considers that the accused has not received the summon within the time limit, he/her may put off the hearing till the next session. The judge may render judgment by default if the accused does not appear by the new summons.

Article 112:

When the civilly responsible person does not appear, this non-appearance shall be recorded in the minute-book of clerk to the court. The court shall determine on whether or not there is legal connection which ties the repressible person to the accused. When there is sufficient evidence of guilt on the accused, the court shall evaluated the consequences of the damages.

Article 113:

When the plaintiff does not appear in court and the guilt of the accused has been recognised, the court based on its now judgment, shall determine the cost of the damages reparation when there is a claim in the plaintiff's file.

Article 114:

Even though the accused does not appear the court shall proceed as if the accused is present by hearing the witnesses testimony, examining all the documents and information that may lead the court to find out the truth. The court may dismiss the absent accused when it finds that there is not enough evidence. In case of sentencing. the court may also decide to allow extenuating circumstances for the accused. In one word, the non-appearance of the accused during the hearing shall not constitute an aggravating circumstance.

Article 115:

Sentencing an accused by default shall be come null and void when the accused oppose the decision of the court within 15 days from the day of the reception of the decision notification.

But if the notification is not made in person or if there is no writ or judgment enforcement to be known to the accused, the decision may be opposed till the terms of limitation for punishment expires.

Article 116:

If the accused no longer resides at the previously indicated location and if the judiciary police in charge of notifying cannot locate him/her new residence, the notification of the judgment by default shall be posted at the last known domicile of the accused. This notice shall also be posted at the Khum or district office of the people’s committee and be announced on national radio and published in the official newspaper.

Article 117:

The notification of the judgment by default transforms this judgment into a true judicial decision having the effect of substituting the terns of limitation for punishment for terms of limitation for prosecution. The term of limitation for 3 years for a misdemeanour, 10 years for a felony.

This principle is also applicable when the court decision is notified by means of positing on the accused residence or at the Khum or district offices of the people's committee broadcast on national radio or published in the official newspaper.

This decision may also be applicable for the civil reparation when the plaintiff claims for it.

Article 118:

When there is a protest on the notification of the judgment default, for example : in the case when the original copy of the notification is lost, this notification shall be considered as undone.

Article 119:

The notification shall preferably be made in person. If the accused cannot be found, after diligent effort, measures shall be taken as provided in article 116.

Article 120:

In principle, the opposition shall be filed at the court clerk’s office, nevertheless, it may also be made by certified or regular letter or by a declaration made before any judiciary police officer who shall urgently forward it to the concerned court clerk office.

Article 121:

The opposition suspends the enforcement of the judgment and remit the facts and the parties as in the stage where the default judgment is rendered. Thereafter, the court receiving the opposition of the accused recovers full power to proceed and may augment or reduce the criminal or civil punishment pronounce in the judgment by default.

Upon opposition of the accused, the court may raise the aggravating circumstance that was not done in the default judgment or discharge the accused in accordance with the law.

Article 122:

The court examines whether or not the opposition is relevant. If the court considers that the opposition is relevant, it shall declare that it is admissible and decide on the merits as if it were before the court for the first time.

Article 123:

If the party who opposes does not appear at the time set by the court, the judgment be default put down be the court shall be considered as having the presence of the party.

Article 124:

The judgment rendered on the opposition may be brought before the court of appeal by any party.

Article 125:

The evidences of a criminal offence may be produced by any means in order to convince the judge. for example by confession. By witnesses appropriate and convincing testimony, by examination on all indications, by expertise or by other legal means such as the on-site visit etc...

To ascertain its conviction, the criminal jurisdiction may examine all documents put forward for questioning during the herring and examinations between parties and attorneys in order to render judgment. Judges shall not base their conviction on personal knowledge he/she might acquire outside the hearing.

Article 126:

In any criminal jurisdiction, the clerk shall be responsible for writing a summary report of the heating for allowing the appeal court to control the effectively the lawfulness of the proceeding, and to have a knowledge as complete as possible of the oral investigation during the heating. the clerk shall try the best he/she can to carefully write down the progress of the proceeding, and statements of the witness and the answers of the offender.

The above summary report shall be signed by the  clerk. and certified by the judge after a detailed review in the period of ten days after the hearing during which the judgment was pronounced. the clerk will receive an administrative discipline, if he/she fails to perform this task.

Article 127:

The summery report singed by the clerk and certified by the judge is considered as valid of  its content until there is evidence to the  contrary. in the case of a discrepancy between the summery report  and the  original judgment, the latter will be considered valid.

Article 128:

The investigation during the hearing shall be  in public, if not, it will be considered as null and void. The proceedings in open court are required not only for pronouncement of the judgment, but, also for the investigation, and the hearing. Therefore, the judgment shall mention the proceedings in open court, because without it, the judgment shall mention the considered as null.

Article 129:

Nevertherless, the hearing can be conducted in camera, if the proceedings in open court might deem  dangerous to the public order and good tradition, the in camera hearing my only conducted on  part of the investigation. In another sense, the time for the in camera proceeding is limited to the investigation of the case. The pronouncement of the judgment shall be public, if not, it shall be considered as null.

Article 130:

The judge is the person who keeps the hearing in order, and who conducts the  interrogation. During the interrogation. the judge can stop or reject anything that may unnecessarily delay the interrogation without contributing to the revelation of the truth.

When there is a protest between the representative of the prosecutions office or the plaintiff with  an accused person or the  civilly responsible person concerning the usefulness of any interrogation’s measures : hearing of witnesses asking questions, or other issues, the judge may decide by order and simplymention it in the hearing report, in order to know which measures are accepted or refused.

Article 131:

The injured party may always become a plaintiff as long as the judge has not yet issued a judgment. He/she dies not need to submit the request containing the means of his/her intervention method but, it is sufficient that he/she declares at the hearing that he/she wants to be a plaintiff, claiming damages and requests it to be recorded in the minute book, and then starts to make conclusion on the action instituted by him/her.

Article 132:

At the opening of the hearing, the judge calls the case to be judged. The clerk calls the parties, the witnesses in the case, and checks their identification. Each party seats in the reserved place in the court room. The witnesses shall withdraw into a waiting room which was reserved for them from which they cannot see, or hear anything from the court room and in which they cannot communicate to each other.