Royal Government of Cambodia
No.19/ANK/BK

ANUKRET

ON
THE ORGANIZATION AND FUNCTIONING OFTHE MINISTRY OF JUSTICE 

The Royal Government of Cambodia

 

  • Referring to the Constitution of the Kingdom of Cambodia;

  • Referring to Reach Kret No. NS/RKT/1198/72 of November 30, 1998 on the formation of the Royal Government of Cambodia;

  • Referring to Reach Kram No. 02/NS/RKM/94 of July 20, 1994 promulgating the Law on the Organization and Functioning of the Council of Ministers;

  • Referring to Reach Kram No. NS/RKM/0196/04 of January 24, 1996 on the Establishment of the Ministry of Justice;

  • Referring to Reach Kram No. 09/NS/94 of December 22, 1994 promulgating the Law on the Organization  and Functioning of the Supreme Council  of Magistracy;

  • Referring to Anukret 20/ANK/BK of April 13, 1996 on the Organization and Functioning of Ministries and State Secretariats;

  • Pursuant to the approval of the Council of Ministers at its plenary session of February 25, 2000.


 IT IS HEREBY DECIDED 

Chapter 1
General Provisions
  

Article 1:     The organization and functioning of the Ministry of Justice and its departments, shall be determined by this Anukret. 

Chapter 2
Mission and Structure
 

Article 2:    The Ministry of Justice shall be mandated by the Royal Government to direct and manage the administration of justice in the Kingdom of Cambodia. 

Article 3:    The Ministry of Justice shall be responsible for:

  • protecting the independence of judges in the course of their duties;

  • administering justice for everyone before the laws;

  • organizing and monitoring the administrative processes of tribunals;

  • managing civil servants serving at the Ministry of Justice;

  • ensuring the functioning of the courts and prosecutors offices and preparing laws governing these institutions;

  • educating and disseminating laws relating to judicial affairs;

  • ensuring proper application of all courts orders and judgments and prosecutors orders;

  • following up the execution of judgments, in particular, inspection of detention centers and prisons for the purpose of law enforcement;

  • forming, managing and issuing extracts of judgments;

  • accepting, preparing and administering amnesties or pardons as determined by law;

  • conducting international cooperation related to the administration of justice, and

  • performing other duties as directed by the Royal Government.

Article 4:    The Ministry of Justice shall be endowed with the following organizational structure:

  • Cabinet of the Minister;

  • General Inspectorate;

  • Administration and General Affairs Department;

  • Personnel and Training Department;

  • Civil Affairs Department;

  • Criminal Affairs and Amnesty Department;

  • Prosecution Affairs Department; and

  • International Affairs Department.

The organization chart of the Ministry of Justice shall be attached in the annex of this Anu-kret. 

Chapter 3
Cabinet of the Minister
 

Article 5:    The Cabinet of the Minister shall be responsible for all missions defined by the provisions of Anukret No. 20/ANK/BK of April 30, 1996 on the Organization and Functioning of Ministries and State Secretariats.
 

Chapter 4
Judicial General Inspectorate 

Article 6:   The Judicial General Inspectorate of the Ministry of Justice shall responsible for:

  • conducting regular inspections of institutions subjected to the jurisdiction of  the Ministry;

  • conducting administrative inspections over the courts, prosecutor offices, and organizations under the ministry's jurisdiction;

  • investigating complaints made by a person or legal entity for cases handled at the courts and prosecutor offices and report to the Ministry and the Supreme Council of Magistracy;

  • preparing reports to the Minister on the administrative functioning of the courts or institutions and providing suggestion for their improvement;

  • reviewing and mediating administrative disputes related to the competence of civil servants and agents of the ministry; and

  • performing duties as directed by the Minister.

The Judicial General Inspectorate shall be administered by an inspector general assisted by one deputy inspector generals and a number of inspectors as necessary.  

Chapter 5
Administration and General Affairs Department
 

Article 7:    The Department of Administration and General Affairs shall be responsible for the following activities:

a)    Administration and planning:

  • coordinating administrative management at the central level and between local institutions under its jurisdiction;

  • managing and circulating administrative documents of the ministry;

  • ensuring administrative efficiency and safety and handling social affairs of the ministry;

  • preparing and disseminating statistics of judicial and prosecution affairs;

  • preparing and managing computerized data system of the ministry;

  • publishing all law and regulations in force relating to justice affairs;

  • organizing meetings, conferences, seminars, protocols, and other ceremonies within the ministry; and

  • coordinating foreign aid and monitoring the implementation of foreign aid to the Ministry of Justice.

b)    Financial management and logistics:

  • gathering requests for expenditures, preparing expenditure plans, managing equipment repairs, building renovation and construction of the Ministry;

  • administering movable and immovable properties, assets, and inventories;

  • receiving and allocating equipment to provincial and municipality entities;

  • managing and maintaining personnel files;

  • computerizing financial and accounting activities;

  • monitoring on the technical operations of public procurement.

c)   Account and financial management:

  • preparing Ministry expenditure plans and monitoring their operation;

  • collecting revenues in accordance with the Financial law;

  • compiling and reconciling budget items;

  • administering and implementing bidding specifications for public procurement tenders.

The Administration and General Affairs Department shall be administered by a director assisted by deputy directors as necessary. 

Chapter 6
Department of Personnel and Training
 

Article 8:    The Department of Personnel and Training shall be responsible for:

  • preparing policies for recruitment, appointment, promotion, removal, and retirement for the Ministry as determined by law;

  • administering civil servants, and agents of the Ministry in collaboration with the Secretary of State for Civil Services;

  • organizing training for civil servants of the Ministry;

  • drafting legal instruments concerning the organization and functioning of tribunals;

  • determining the functions and number of civil servants of each tribunal and collect information related to the activities of tribunals;

  • preparing regulations related to the Statute of Judges and Clerks and ensuring their implementation;

  • preparing administrative letters for personnel management;

  • preparing statistics and production of decision making tools for personnel management;

  • To prepare policies for the recruitment of judges at the request submitted by tribunals; and

  • performing other duties as directed by the Minister.

The Personnel and Training Department shall be administered by a director assisted by deputy directors as necessary.
 

Chapter 7
Department of Civil Affairs
 

Article 9:    The Department of Civil Affairs shall be responsible for:

  • drafting laws and regulations on the civil code and civil procedures;

  • receiving and organizing appeals and recourses related to civil proceedings as determined by law;

  • participating in the drafting of legislation prepared by different ministries and institutions relating to private and public laws;

  • participating in discussions and negotiations and entering into agreements in the field of international laws related to private law, administrative law, commercial law, social law and intellectual property laws;

  • ensuring the proper functioning of the cooperation of international courts of civil jurisdiction and ensuring the enforcement of international indictments for civil jurisdiction;

  • examining books of court fees for tribunals;

  • providing advisory services related to civil code, labor law, and administrative law for senior officials; and

  • performing duties as directed by the Minister.

The Civil Affairs Department shall be administered by a director assisted by deputy directors as necessary.
 

Chapter 8
Criminal Affairs and Amnesty Department
 

Article 10:    The Criminal Affairs and Amnesty Department shall be responsible for:

  • drafting laws and regulations on criminal law and criminal procedures;

  • reviewing and providing consultations on all draft laws and regulations that provided criminal punishment prepared by ministries and institutions;

  • cooperating with the Ministry of Foreign Affairs and International Cooperation in negotiating conventions related to crime;

  • reviewing proposals made by foreign governments and Cambodian prosecutors related to extradition and ensuring the application of international indictments for criminal prosecutions;

  • conducting awareness and dissemination of short messages on criminal law;

  • preparing and enforcing offenses preventive measures in collaboration with relevant ministries and social organizations;

  • receiving and forwarding complaints related to the enforcement of criminal punishment, recourses, and actions for amnesty as provided by law;

  • participating in the development of legal texts related to criminal law prepared by the ministry and institutions;

  • reviewing and providing consultation related to criminal matters;

  • preparing statistics and achievement reports of criminal affairs;

  • administering punishments and issuing extracts of judgments; and

  • performing duties as directed by the Minister.

The Criminal Affairs and Amnesty Department shall be administered by a director assisted by deputy directors as necessary. 

Chapter 9
Prosecution Affairs Department
 

Article 11:  The Prosecution Affairs Department shall be responsible for:

  • drafting laws and procedures relating to the organization and functioning of prosecution institutions;

  • contributing to the development of prosecutory legal texts prepared by the ministry and institutions;

  • reviewing and providing consultations on all draft laws and regulations prepared by the ministry and institutions related to prosecution;

  • reviewing monitoring reports of detention centers and provincial and municipal prisons;

  • preparing and enforcing offenses preventive measures in collaboration with prosecution institutions;

  • assisting the preparation of complaints by prosecution institutions;

  • preparing statistics and achievement reports of prosecution affairs;

  • establishing relations with international organizations in the aspect of prosecution and human rights;

  • reviewing and providing consultation related to prosecution matters; and

  • performing duties as directed by the Minister.

The Prosecution Affairs Department shall be administered by a director assisted by deputy directors as necessary.
 

Chapter 10
International Affairs Department
 

Article 12:  The International Affairs Department shall be responsible for:

  • coordinating all international affairs relating to justice affairs;

  • studying and researching international laws related to justice affairs;

  • establishing relations with justice institutions of other countries;

  • collaborating with international institutions, ministries and institutions in the fight against illegal drugs and money laundering;

  • matters related to ASEAN and justice affairs;

  • developing cooperation programs, memoranda of justice agreements with other countries and international organizations and preparing protocols for meetings of senior officials and foreign guests;

  • preparing statistics and achievement reports of prosecution affairs; and

  • performing duties as directed by the Minister.

The International Affairs Department shall be administered by a director assisted by deputy directors as necessary.
 

Chapter 11
Financial Control Unit
 

Article 13:  The Financial Control Unit shall be established by the Minister of Economy and Finance pursuant to the conditions provided in Anukret 081/ANK/BK of November 16, 1995 on the financial control of budgeted expenditures within ministries. 

Chapter 12
Final Provisions
 

Article 14:  The organization and functioning of the Ministry at the central administration levels lower than the department level shall be declared by a Prakas of the Ministry of Justice. 

Article 15:  For duties related to the competence of other institutions, the chiefs of those institutions and the Minister of Justice shall collaborate to allocate responsibilities and implement them through a joint Prakas of both institutions concerned. 

Article 16:  Any provision contrary to this Anukret shall be null and void. 

Article 17:  The Minister in charge of the Office of the Council of Ministers, the Minister of Justice, ministers, and state secretaries of relevant ministries and institutions shall be responsible for implementing this Anukret from the date of its signature. 

Article 18: This Anukret shall enter into force from the date of its signature.

 

Phnom Penh, April 7, 2000
Prime Minister
Signature and Seal

 

Hun Sen

Has submitted
Samdech Prime Minister 

 

Minister of justice

Ouk Vithun