Database of Legislation

Trafficking in firearms
  • Offences

    • • Illicit trafficking
      • Illicit manufacturing
  • Manufacturing Details

    • • Unlicensed or unauthorized manufacture or assembly
  • Trafficking details

    • • Unauthorized import, export, acquisition, sale, delivery, movement or transfer of firearms, their parts or components or ammunition
  • Item Types

    • • firearms
      • ammunition
Terrorism
  • Offences

    • • Offences related to Terrorist Bombings
  • Keywords

    • • Bomb / Improvised Explosive Device (IED) / Explosives
 Book 4 - Title 1 - Chapter 3
 Article 488-493
 Section 2

UNTOC Articles

  • Organized Crime Convention

  • Trafficking in Persons Protocol

  • Smuggling of Migrants Protocol

  • Firearms Protocol

  • Article 5 Criminalization
  • Article 6 Confiscation, seizure and disposal
     

    Original Text

    SECTION 2

    OFFENCES RELATING TO WEAPONS, AMMUNITIONS AND EXPLOSIVES

    Article 488: Producing or Trafficking Weapons, Explosives or Similar Objects

    Production, importation, exportation and stocking of weapons, all kind of ammunitions and explosives, without authorization from competent authorities is punishable by an imprisonment from 5 (five) years to 10 (ten) years.

    Weapons refer to all kinds of guns that are produced or modified or assembled with which killing or injuring or damaging properties can be carried out.

    All kinds of ammunitions and explosives refer to equipment or materials that are produced or modified with which killing or injuring or damaging properties can be carried.

    All kinds of chemical weapons, biological weapons or other ammunitions containing chemical and biological substances refer to substances that are produced or modified or assembled to endanger health, life or properties and environment.

    Article 489: Production or Trafficking of other Assaulting Weapons

    Production, importation, exportation and stocking of other assaulting weapons such as bayonets or brass knuckles for killing or injuring without authorization from competent authorities is punishable by an imprisonment from 2 (two) years to 5 (five) years and a fine from 4,000,000 (four million) Riels to 10,000,000 (ten million) Riels.

    Article 490: Carrying or Transporting Weapons without Authorization

    Any person, outside of his/her residence, carries or transports, without authorization from competent authorities, a weapon, the ammunition or an explosive device is punishable by an imprisonment from 6 (six) months to 3 (three) years and a fine from 1,000,000 (one million) Riels to 6,000,000 (six million) Riels.

    Any person, outside of his/her residence, carries or transports a weapon falling into the scope of enforcement of Article 500 (Production or Trafficking of other Assaulting Weapons) is punishable by the same penalties.

    Article 491: Abandoning of Weapons in Public Places

    The acts of abandoning in public place or a place that is accessible by the public a weapon or any other object that presents a danger to persons is punishable by an imprisonment from 6 (six) months to 3 (three) years and a fine from 1,000,000 (one million) Riels to 6,000,000 (six million) Riels.

    Article 492: Additional Penalties: Categories and Duration

    For the offences laid out in the present Chapter, the following additional penalties may be pronounced:

    1. deprivation of certain civil rights definitively or for a period of not more than 5 (five) years;

    2. prohibition against pursuing a profession during which time the crime was committed in course of or during the occasion of pursuing of this profession definitively or for a period of not more than 5 (five) years;

    3. prohibition against taking residency for a period of not more than 10 (ten) years for a felony or for a period of not more than 5 (five) years for a misdemeanour;

    4. prohibition against leaving the territory of the Kingdom of Cambodia for a period of not more than 5 (five) years;

    5. for a convicted foreigner, prohibition against entering or taking residency in the Kingdom of Cambodia definitively or for a period of not more than 5 (five) years;

    6. confiscation of any instruments, materials or any objects which have been used to commit the offence or were intended to commit the offence;

    7. confiscation of one or several vehicles belonging to the convicted person;

    8. prohibition against possessing or carrying weapon definitively or for a period of not more than 5 (five) years;

    9. posting the decision of sentence for a period of not more than 2 (two) months;

    10. publication of the decision of sentence in the newspapers;

    11. broadcasting the decision of sentence by all means of audio-visual communications for a period of not more than 8 (eight) days.

    Article 493: Confiscation in Case of Abandoning Weapons in Public Places

    For the offence specified in Article 491 (Abandoning Weapons in Public Places), the court may order a confiscation of the weapon or an object that presents a danger to persons.

     
     

    Cross-Cutting Issues

    • Investigation Procedure

      • Confiscation and Seizure of

        • • Property, equipment or other instrumentalities
      • Measures

        • • Identification, tracing, freezing and/or seizure of the proceeds and instrumentalities of crime