Code of Criminal Procedure of the Kingdom of Cambodia Khmer-English Translation

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KINGDOM OF CAMBODIA

NATION RELIGION KING






CODE OF CRIMINAL PROCEDURE
OF
THE KINGDOM OF CAMBODIA




S -
S
KHMER - ENGLISH TRANSLATION
FIRST PUBLICATION - SEPTEMBER 2008


All rights reserved. No part of this publication may be reproduced, stored in a retrieval
system, or transmitted, in any form or by any means for commercial purposes or
financial gain. Exceptions are allowed for the purposes of research, teaching,
seminars, private study, or for work-related purposes. Enquiries concerning
reproduction outside these terms should be sent to [email protected]



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Code of Criminal Procedure Khmer-English Translation - First Edition



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Code of Criminal Procedure Khmer-English Translation - First Edition
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Preface To The Translation Of This Law

The Law entitled `Code of Criminal Procedure of the Kingdom of Cambodia' was adopted
by the National Assembly on 7th June 2007. It is necessary to have the law translated into English
in order to assist foreign judges, lawyers, professionals and interested individuals or institutions,
especially those working in the Extraordinary Chambers in the Courts of Cambodia (ECCC). The
ECCC is a mixed tribunal composed of both national and international staff to bring to trial senior
leaders of Democratic Kampuchea and those who were most responsible for the crimes committed
during the period from 17 April 1975 to 6 January 1979. The translation will hopefully also
facilitate the work of all the Cambodian judges, prosecutors, lawyers, judicial police officers and
those working in the legal education. Their cooperation and discussions with international
counterparts should become significantly easier with this book.

Our translation approach was two-fold, taking into account the drafting history of the law.

Mr. Bunleng CHEUNG has laid the groundwork by producing a draft translation from the
Khmer legal text. He has been working as an English-Khmer translator/interpreter for almost 20
years.

In 1997, Mr. CHEUNG received his Masters Degree in TESOL (Teaching English to
Speakers of Other Languages) from the University of Canberra - Australia. He is also one of a few
translators/interpreters recognized and certified by NAATI (National Accreditation Authority for
Translators and Interpreters) as a professional translator/interpreter in both directions (formerly
NAATI Level 3). NAATI is the sole institution in Australia that provides accreditation to
translators/interpreters and the accreditation is recognized worldwide.

Given that the original drafting language of the Law is French, Mr. Jurgen ASSMANN has
then harmonized the draft English translation with the French version. He is currently working as a
Legal Advisor at the Office of the Co-Prosecutors in the ECCC. After his studies of Law in
Germany and France, he became a German state prosecutor for the city of Hamburg in 2002. Since
2006, he is seconded to Cambodia by the Centre for International Migration and Development
(CIM). The financial support of the Centre, which is part of the wider network of German
Development Cooperation in Cambodia, enabled us to publish this first edition of our work.

The translation has taken many hours of personal time and it goes without saying that we
would not have been able to achieve it if we had not received the wonderful assistance from our
colleagues at the ECCC. First of all, we would like to thank Mr. Senarong TAN, ECCC Deputy
Co-Prosecutor, for his invaluable inputs and discussions on the law. Second, we would like to thank
Mr. Richard ARANT for his `native' touch and corrections to the draft. Third, we would like to
thank Mr. Phally SENG for his review of the draft as his legal background certainly helped a great
deal. We also would like to thank Mr. Sarun KOC for his proof reading. Although we have tried
to be careful in producing the draft, he still could spot many minor mistakes. Finally, we would like
to extend our profound thanks to Ms. Sotheary LY for her invaluable technical contribution. She
provided her computer skills in formatting this rather complicated document, especially the
automatic formatting of the Table of Contents. Ms. LY is currently the Executive Director of
Healthcare Center for Children (HCC).

Every user is encouraged to read the Note on the Translation of the Law first. It provides
background information to certain terms used in the translation and clarifications on the context of
certain articles.
Code of Criminal Procedure Khmer-English Translation - First Edition
iii



We have to acknowledge the difficulty in translating this Law. This difficulty rests mainly
in the fact that the original drafting language was French, which was then translated into the Khmer
version to be adopted by the National Assembly. We are aware that this bilingual book is not
perfect despite all our best efforts. We would be grateful to receive constructive feedback and
comments from all readers. Any suggestions are welcome under [email protected]



Phnom Penh, 9th September 2008



Jurgen ASSMANN



Bunleng CHEUNG
Legal Advisor




UNAKRT/ECCC Translator
Code of Criminal Procedure Khmer-English Translation - First Edition
iv


Code of Criminal Procedure Khmer-English Translation - First Edition



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Code of Criminal Procedure Khmer-English Translation - First Edition
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Code of Criminal Procedure Khmer-English Translation - First Edition
vi


Document Outline

  • CCP Cover
  • Code of Criminal Procedure Khmer-English Master Copy 04092008