CHAPTER 2: EXTRADITION
SECTION 1: EXTRADITION REQUESTED BY FOREIGN STATE
SUB-SECTION 1: EXTRADITION
Article 566 Extradition of Foreign Resident in Cambodia Territory
The Kingdom of Cambodia may agree to extradite to a foreign State a foreign citizen who is currently present in the Kingdom of Cambodia and who is:
− subject to criminal proceedings in that State; or
− has been convicted to imprisonment by a court of that State.
Article 567 International Conventions and Treaties
The extradition of a foreign resident who has been arrested in the territory of the Kingdom shall be governed by the provisions of international conventions and treaties ratified by the Kingdom of Cambodia. If there is no such treaty or convention, the provisions of this Chapter shall apply, unless otherwise provided in a separate law.
Article 568 Definition: Requesting State and Wanted Person
For the purposes of this section:
− “Requesting State” shall mean a foreign State which requests the extradition of a foreign citizen;
− “Wanted person” is a foreign citizen who is currently present in the Kingdom of Cambodia and who is the subject of an extradition request.
SUB-SECTION 2: CONDITIONS OF EXTRADITION
Article 569 Conditions of Extradition Relative to Act
An extradition may be made only if the prosecuted facts against the wanted person constitute an offense under the laws of both the requesting State and the Kingdom of Cambodia, even though:
− The type of offense might be defined differently; or
− The legal qualification of the offense, the use of terminology, the definition or the determination of characteristics of the offense is different; or
− Elements characterizing the offense under the laws of the requesting State are different from those under the laws of the Kingdom of Cambodia, provided that the whole set of elements of the facts presented by the requesting State constitute an offense under the provisions of the laws in force in Cambodia.
Article 570 Attempted Offenses and Conspiracy
If the prosecuted facts under the laws of the requesting State constitute an attempt to commit an offense, the extradition is possible only if the attempt can be prosecuted under the laws of the Kingdom of Cambodia.
The provisions of this Article shall apply accordingly to accomplices.
Article 571 Conditions Relative to Imprisonment Sentence
An extradition order may be issued if under the law of the requesting state the punishment against the wanted person amounts to at least two year imprisonment.
However, an extradition order may also be issued if the wanted person has been finally sentenced by the court of the requesting state to at least six month imprisonment, regardless of the maximum length of imprisonment provided by the law.
Article 572 Conditions Relative to Place of Commission of Offense
If the act charged against the wanted person was committed in the territory of the requesting state, an extradition order may be issued whether or not the wanted person is a citizen of the requesting state.
Article 573 Acts of Political Nature
An extradition order may not be issued where the prosecuted facts are of political nature.
However, violent acts involving the risk of death or injury to life, body or to individual freedom shall not be deemed political.
Article 574 Acts committed in Cambodia and Tried by Final Judgment
An extradition order may not be issued where the prosecuted facts were committed in the territory of the Kingdom of Cambodia and a trial has been concluded by final judgment.
Article 575 Extinction of Criminal Actions
An extradition order may not be issued where the offenses cannot be prosecuted anymore under the law of the requesting State (Article 7: Extinction of Criminal Actions).
If the prosecuted acts were committed in the territory of the Kingdom of Cambodia, an extradition may not be made if the offenses cannot be prosecuted anymore under the laws of the Kingdom of Cambodia (Article 7: Extinction of Criminal Actions).
Article 576 Multiple Extradition Requests against Same Person
When there is more than one foreign State requesting extradition of the same person, and if the extradition is possible, the extradition order shall be issued after consideration of:
− The obligations under the treaties concerned;
− The seriousness of the offense;
− The time and place of the commission of the offense;
− The date and order of the receipt of requests;
− The nationality, domicile, residence of the wanted person and of the victim;
− The possibility of delivery of the wanted person to the requesting state.
Article 577 Conditions of Extradition Relative to Request
An extradition order may be issued only if the requesting State guarantees not to prosecute any offense not specified in the extradition request, if this offense was committed before the arrest of the wanted person.
However, the former offense may be prosecuted if approved by the Kingdom of Cambodia.
In this case, the requesting State shall file an additional request with the Cambodian authorities.
Article 578 Suspension of Extradition
If the wanted person is subject to criminal proceedings in the Kingdom of Cambodia, the extradition shall be suspended during the course of these proceedings or until the sentence has been served.
However, the Kingdom of Cambodia may agree to transfer the wanted person temporarily to the requesting state for trial. The requesting state shall guarantee to return such person to the Kingdom of Cambodia after the completion of its trial proceedings.
SUB-SECTION 3: EXTRADITION PROCEDURES
Article 579 Validation of Extradition Request
All extradition requests shall be submitted to Royal Government of Cambodia through the diplomatic channel. Each request shall contain the supporting documents.
The supporting documents shall include:
− Documents adequate for identifying the wanted person;
− A report of the acts for which the wanted person is prosecuted;
− The legal provisions applicable to such offense and the possible sentence; and
− A copy of the sentence decision, if any.
All documents shall be signed, officially sealed and enveloped. If they are not in the Khmer, French or English language, the request shall be accompanied by a certified translation of the documents into one of the three languages.
Article 580 Forwarding of Extradition Request
The Minister of Foreign Affairs of the Kingdom of Cambodia shall forward the request together with the supporting documents to the Minister of Justice. The Minister of Justice shall examine the regularity of the request and then forward it to the General Prosecutor attached to the Court of Appeal of Phnom Penh.
Article 581 Request of Provisional Arrest
The state requesting extradition may request the provisional arrest of the wanted person.
In case of urgency, the request for provisional arrest may be made prior to the extradition request provided in Article 579 (Validation of Extradition Request) of this Code.
The request for provisional arrest, which is aimed at preventing the wanted person from escaping, does not need to follow a special format.
The person detained under provisional arrest procedures shall be automatically released if the Royal Government of Cambodia does not receive all the documents specified in Article 579 (Validation of Extradition Request) within two months from the date of the arrest.
Article 582 Special Detention Order against Wanted Persons
The General Prosecutor attached to the Court of Appeal of Phnom Penh may issue a special detention order against the wanted person.
This order shall include:
− the identity of the wanted person;
− a reference to the request for provisional arrest made by the foreign State;
− the full name and position of the Prosecutor who issued such order.
The above order shall be dated, signed and sealed by the General Prosecutor. The special detention order shall be enforceable within the entire territory of the Kingdom of Cambodia.
Article 583 Presentation of Wanted Person to Royal Prosecutor or General Prosecutor In case of arrest, the wanted person shall be brought without delay before the Prosecutor who has territorial competence and who shall notify such person of the special detention order and take that person’s statement.
The wanted person shall be transferred to a Phnom Penh prison for detention. He may request the General Prosecutor attached to the Phnom Penh Court of Appeal to take his statement.
Article 584 Filing Case with Investigation Chamber
The General Prosecutor shall bring the case file up to date and seize the Investigation Chamber of the Phnom Penh Court of Appeal.
Article 585 Proceedings before Investigation Chamber
The wanted person shall appear before the Investigation Chamber. He may be assisted by a lawyer of his choice or by a lawyer appointed pursuant to the Law on the Bar.
The hearing shall be conducted in camera. The Investigation Chamber may call on an interpreter/translator, if necessary.
After hearing the statement of the wanted person and the submissions of the General Prosecutor and the defense lawyer, the Investigation Chamber shall decide by an order, including reasons, on the extradition request.
Article 586 Decision of Investigation Chamber
The Investigation Chamber may issue an order rejecting the extradition request if it finds that the legal requirements for extradition are not met.
Article 587 Application for Release of Wanted Person
The wanted person may request to be released from detention.
The motion shall be made in writing.
The motion shall be submitted to the Investigation Chamber which will make its decision after hearing the wanted person’s statement, the submissions of the General Prosecutor and the defense lawyer.
Article 588 Agreement to Extradition
If the wanted person agrees to be extradited pursuant to the request of the requesting State after having been fully informed of the consequences of that agreement, the Investigation Chamber shall mention such agreement in its order.
Article 589 Effects of Decision of Investigation Chamber
When the order of the Investigation Chamber becomes final, the Minister of Justice shall be immediately informed.
If the Investigation Chamber makes a rejection order, the extradition cannot be made by the Cambodian government. The wanted person shall be released immediately unless such person is subject to detention for another case.
If the Investigation Chamber grants the extradition request, the Minister of Justice shall propose that the Royal Government issues a sub-decree ordering the extradition of the wanted person.
After the extradition has been ordered, the wanted person shall be handed over to the requesting State. The expenses of extradition shall be borne by the requesting State. The security and protection of the wanted person while he is outside the Kingdom of Cambodia shall be the responsibility of the requesting State.
If the requesting State fails to initiate measures for repatriation within 30 days after the notification of the sub-decree ordering the extradition, the wanted person shall be released.
SECTION 2: EXTRADITION REQUESTED BY KINGDOM OF CAMBODIA TO FOREIGN STATE
Article 590 Competence of Investigation Chamber
The Investigation Chamber of the Phnom Penh Court of Appeal is the only body competent to examine the regularity of any extradition to the Cambodian government.
The extradited person shall have fifteen days from the date on which he arrived in the Kingdom of Cambodia to raise the invalidity of such extradition.
The motion shall be made in writing.
Article 591 Proceedings before Investigation Chamber
The Investigation Chamber shall make a decision after hearing the statement of the wanted person, the submissions of the General Prosecutor and the defense lawyer.
Article 592 No Suspending Effect of Motion to Invalidate Extradition Request
The motion to invalidate an extradition shall not suspend the proceedings against the wanted person.
Article 593 Effect of Invalidation of Extradition
If the extradition is invalidated by a final decision of the Investigation Chamber, all proceedings against the wanted person shall be terminated. The extradited person shall be released and is free to leave the Kingdom of Cambodia.
However, at the expiration of a thirty day period after the release, the extradited person can be re-arrested, if he is still in the territory of the Kingdom of Cambodia and is subject to prosecution for the charges leading to the extradition.
Article 594 Consent of State That Has Delivered Foreign Resident to Cambodia
If the Kingdom of Cambodia receives an extradited foreign resident and later receives a request for extradition for the same person from another state, the Kingdom of Cambodia may agree to the extradition request only with the consent of the State that extradited the person to Cambodia.
However, the above consent is not necessary if the foreign resident has had the opportunity of leaving Cambodian territory in the thirty day period.
