قاعدة بيانات التشريعات

Section 1

Offences Committed or Deemed to be Committed within the Territory of the Kingdom of Cambodia

Article 12: Territorial Principles of the Application of Criminal Law

As far as criminal acts are concerned, the Cambodian Penal Law is applicable to offences committed in the territory of the Kingdom of Cambodia.

The territory of the Kingdom of Cambodia includes the airspace and the sea water territory which are bound to the territory of the Kingdom of Cambodia.

Article 13: Location of Offence

An offence is deemed to having committed in the territory of Kingdom of Cambodia from the moment that one of these constituent acts has taken place within this territory.

Article 14: Offences Committed Aboard Cambodian Ships

As far as criminal acts are concerned, the Cambodian Law is applicable to offences committed aboard the ships carrying Cambodian flag no matter where they are located.

Article 15: Offences Committed Aboard Foreign Ships

As far as criminal acts are concerned, the Cambodian Law is applicable to offences committed aboard a foreign ship on which the Cambodian authorities are allowed to inspect or arrest by means of an international agreement.

Article 16: Offences Committed Aboard Cambodian Aircraft

As far as criminal acts are concerned, the Cambodian Law is applicable to offences committed aboard an aircraft registered in the Kingdom of Cambodia no matter where they are located.

Article 17: Application of Cambodian Criminal Law with Regards to the Commission of Acts which Started in Cambodia

As far as criminal acts are concerned, the Cambodian Law is applicable to every person who is an instigator or an accomplice in the Cambodian territory of a felony or a misdemeanour committed abroad, if the following two conditions are fulfilled:

1. The offence is punished by the Cambodian law and by the foreign law;

2. The existence of offence has been verified by a final decision of the foreign court.

Article 18: Definition of Offences Committed by Legal Entity

Defining an offence committed by a legal entity as felony, misdemeanour or petty crime is determined by penalty imposed on natural person.

Section 2

Offences Committed Outside the Cambodian Territory

Article 19: Felony or Misdemeanour Committed by a Cambodian Citizen

In criminal case, the Cambodian Law is applicable to any felony committed by a Cambodian citizen outside the territory of the Kingdom of Cambodia.

The Cambodian Law is applicable to misdemeanours committed by the Cambodian citizens in a foreign country if the acts are shared to be punishable by the law of such foreign country.

These provisions are also applicable even though the accused has obtained Cambodian nationality subsequently to the acts which had been charged.

Article 20: Victims Who are Cambodian Citizens

In criminal case, the Cambodian Law is applicable to any felony committed outside the territory of the Kingdom of Cambodia by a Cambodian citizen or by a foreigner when the victim is of Cambodian nationality right at the time of the offence committed.

Article 21: Filing Charge

In the cases specified in Article 19 (Felony or Misdemeanour Committed by a Cambodian Citizen) and Article 20 (Victims Who are Cambodian Citizens), a charge can only be brought at the request of a prosecution department. The charge must be preceded by the victim's complaint or that of his/her assignee or an official denunciation by the authorities of the country where the acts were committed.

Article 22: Separate Jurisdiction for Separate Crimes

In criminal case, the Cambodian Law is applicable to any offence committed outside the territory of the Kingdom of Cambodia and if it is qualified as:

1. infringement against the safety of the Kingdom of Cambodia;

2. counterfeiting the seal of the Kingdom of Cambodia;

3. counterfeiting national bank notes having legal tender in the Kingdom of Cambodia;

4. offence against diplomatic or consular agents of the Kingdom of Cambodia

5. offence against diplomatic or consular premises of the Kingdom of Cambodia.

Article 23: Non-Cumulative Charge and Punishment

No prosecution can be carried out against a person who has definitively been tried abroad for the same acts and who, in case of a conviction, justified that he/she has served his/her sentencing or that the penalty was extinguished by an expiration of prescription.