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COUNTRY REPORT COMMISSARIAT GENERAL OF THE CAMBODIAN NATIONAL POLICE, KINGDOM OF CAMBODIA FOR TICHNICAL TRAINING COURSE ON CRIME PREVENTION AND CRIMINAL JUSTICE HELD IN REPUBLIC OF KOREA 18 JUNE TO JULY 8 ( KOICA ).
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COUNTRY REPORT COMMISSARIAT GENERAL OF THE CAMBODIANNATIONAL POLICE, KINGDOM OF CAMBODIA FOR TICHNICAL TRAINING COURSE ON CRIME PREVENTION AND CRIMINAL JUSTICE HELD IN REPUBLIC OF KOREA 18 JUNE TO JULY 8 ( KOICA ) Presentation byPol.Col. Borany TEN Deputy Director Of Criminal Police Department, General Commissariat Of National Police, Ministry Of Interior . E-mail :( borany05@yahoo.com)
Objective: • To provide an opportunity to the participants to know criminal general situation in Cambodia. • To discuss this matter among the participants in order to share experiences to develop the judiciary system in Cambodia.
Contents: 1- National Profile And Political System 2- Criminal Justice System 3- General Criminal Situation 4- Crime Prevention Strategies
1- National Profile • Population: Over 13 Millions ( 2006 ) • 20 provinces and 4 municipalities (185 Districts with 1,621 Communes and 13,694 ( Villages) • Area: 181,035 km2 • Neighboring countries: + Laos and Thailand in the North + Vietnam and Gulf of Siam in the South + Vietnam in the East + Thailand in the West
Political System - Cambodia is a kingdom with a constitutional monarchy.- Cambodia adheres to a democratic and multiple political party systems with separate division of power: legislative, executive, and judicial institutions. + Legislative: Parliament and Senate + Executive: Royal Government + Judiciary- King is given right to grant amnesty - No death penalty is applied
The Organization Of National Police( Kingdom Of Cambodia ) Ministry Of Interior Dept.Of Eco.Planning and Finance The General Commissariat Of National Police Dept.Of Radio Communication The Headquarters Of National Police Dept.Of Education and Propaganda The Royal Police School Department Of Health Central Office Of Interpol Department Of Construction Tourism Police Department Department Of Cipher Anti-Drug Police Department Department Of Asean Afairs Intervention Police Department Central Dept.Of Borders Police Central Dept.Of Public Order Central Dept.Of Judicial Police Central Dept.Of Security Central Dept Of Means Dept.Of Police Land Border Dept.Of Sta tistic and Passport Dept.Of Criminal Police Dept.Of General Information Dept.Of Personnels Dept.Of Police maritime Border Dept.Of Anti-Fire and weapon Dept.Of Economic Police Dept.Of Anti Terrorism Dept.Of Trainning Dept.OfTechnicsOf Bordes Police Dept.Of Prevention Police Dept.Of Criminal Technical Sciences Dept.Of Foreigners Dept.Of Technical and Instrument Dept.Of Order Police Dept.Of Anti Human Trafficking and Juvenile Protection Dept.Of Body Guard Municipal and Provincial Commissariat Police Inspectorate Of Police District Post Of Administration Police
Reception & Administrative Office Reportation & Analysis Office Documentation Office Radio Communication Office Education and Propaganda Office The Organization of Municipal and Provincial Police Commissariat (Cambodia.) Municipal & Provincial Police Commissariat Headquarters of Police Commissariat Central Office of Judicial Police Central Office of Security Central Office of Means Central Office of Public Order Oder Office Serious Crime Office Gen. Information Office Office of Personnels Land Traffic Office Misdemeanor Cri. Office Anti-Terrorism Office Office of Training Water Traffic Office Economic Office Foreigners Office Office of Accounting Intervention Office Anti-Drug Office Tourism Pol. Office Office of Health Fire Fighting Office Anti-Human Trafficking and juvenile protection Office of Logistics Wepon Office Tech. Scientific Office Inspectorate of District Police Post of Administrative Police
Organization of Central Department of Judicial Police Central Department of Judicial Police Secretariat Criminal Police Dept. Economic Police Dept. Technical & Scientific Dept. Anti-Human Trafficking and Juvenile Protection Dept. Administration and Report Office Administration & Report Office Administration & Report Office Serious Crime Office Export Product Investigation Office Crime Scene Examination Office Administration & Report Office Misdemeanor Crime Office Import Taxation Office Weapon Examination Office Information Technology Office Procedure Office Export Taxation Office General Examination Office Anti-Human Trafficking Office Intervention Office Nat’l .Economic Protection Office Archieves Office Juvenile Protection Office Investigation Office Procedure Office Criminal & Biological Office Procedure Office Criminology Office National Property Protection Cultural Heritage Protection Dog Anti -Crime Office
2Criminal Justice System + supreme court + Appeal court + Provincial, municipal court and military court
3 Legal Application Around the topic of criminal justice, the legal Application consists of: + Provisions relating to the judiciary and criminal law and procedure applicable in Cambodia during the transitional period, September 10, 1992 + Law on the criminal procedure, January 29, 1993 + Law on the control of drug, December 9, 1996 + Law on the suppression of kidnapping, trafficking and exploitation of human persons, 1996
However, some weak points are occurred. - Punishing the drug users and drug traffickers is limited. (Art. 33, Chapter 10) - Human trafficking law is not amended. - Penal Law is not created yet. In stead, we used: + Provisions relating to the judiciary and criminal law and procedure applicable in Cambodia during the transitional period, September 10, 1992. + Law on the criminal procedure, January 29, 1993, it was amended on January 7, 2002. - Preparing a proceeding, investigating, and criminal technique are limited. - There-amendments of the weak points is more effect in the application between legal Application and the social reality. - The application of law is very flexible in the society.
According to the use of judicial discretion, whether it is correct or not during the decision, therefore, the Cambodia will probably reform the supreme council of magistracy, because now they have a function to punish judge and prosecutor under the form of council of discipline. • The commission of supreme council of magistracy, sometimes it is presided by the president of Supreme Court, when judge decided incorrectly or took bribe. Sometimes, it is presided by the attorney general of Supreme Court when the prosecutor decided incorrectly. • As a result, in the future, the reform is needed - the experienced former judge who has no duty to decide currently in any court should be selected as a member of supreme council of magistracy. • This reform becomes more effective in terms of punishing judge and prosecutors who decided incorrectly. Then the application of legal system is more effective than at the moment.
4Criminal Situation in 2005 • Cases Repoted: 4,484 times ( 4,999 times in 2004 ) 515 cases have decreased. + Felony: 1,679 times ( 2,155 times in 2004 ) 476 times decreased + Misdemeanor: 2,805 times ( 2,844 times in 2004 ) 39 times decreased
Cases Suppressed • Total cases suppressed:3,458 cases and 5,131 offenders arrested and evidence seized such as 229 motorbikes, 12 vehicles, 80 guns, 49 rifles, 7 hand-grenades and some others • These cases were sentenced. a. Felony: 1,041 cases; 1,645 offenders arrested; 62% of cases reported b. Misdemeanor: 2,417 cases; 3,486 offenders arrested; 86.11% of cases reported armed robbery
4-1. Results from drugs suppression • 370 cases with 704 offenders, 175 female; methamphetamine: 2,062 pills; Ecstasy: 1,910 pills; cocaine: 1 kg; heroin: 8,762 kg; opium: 2.1 kg; methamphetamine powder: 5.63 kg; drug producing machine: 3; canabis: 103,109 kg; canabis suppressing machine: 1; 6 guns; 3 rifles; 1 grenade; 4 motorbikes; 1 vehicle;
More then 30 hectares of Cannabis cultivation in Thlan Mouy Roy region of Kampot Province was destroyed in an operation personally led by Prime Minister Samdach Hun Sen .
Confiscated Heroin, Amphetamine, Opium Olcaloid and babiturates valued approximately U$$ 2 Million were destroyed in Phnom Penh .
Operation to destroy Cannabis plantation in Korng Meas district, Kampong Cham Province
Foreign trafficker arrested with 5 kgs of ketamine powder in Pochentong International Airport.
Equipment used to produce Methamphetamine tablets seized in Toul Kork District, Phnom Penh on 7 December 2001.
4-2. Cases sent to court • 329 cases with 572 offenders (132 females) 132 people (43 female) in 41 cases were educated and went back home ( drugs users) -6 times of drug destruction: 112,255 pills of methamphetamine, 559.5 liters of liquid drugs among municipalities and provinces,
4-3. Human trafficking in 2005 4.1. Results from suppression -169 cases with 214 offers arrested -552 victims rescued all cases and offenders were sent to court
4-4. Weapons and explosives control • 45 times of weapons and explosives destruction with 178,803 rifles seized and confiscated from municipalities and provinces ( all these were scattered by the civil war in the country)
4-5. First-three-month Criminalsituation in 2006 Cases Reported: 1,226 times a. Felony: 399 times b. Misdemeanor: 827 times Cases Suppressed: 1,037 cases and 1,508 offenders arrested and evidences seized such as 76 motorbikes, 6 vehicles, 18 pistols, 4 rifles, 6 hand-grenade with some others a. Felony: 315 cases, 478 offenders b. Misdemeanor: 722 cases, 1,030 offenders 740 cases sent to court with 1,085 offenders
5Crime Prevention Strategies 1- to strengthen campaign against to strengthen carrying out of crime prevention in order to maintain social stability and encourage public involved for a basic of the national strategy 2- to strengthen technical practices and needed measurements for pre-active plan against crimes, especially armed robbing, kidnapping for ransom, killing, raping, trafficking in women and children as well as other problems 3- to take action against gangs who make troubles to society and eliminate all activities stimulating crimes 4- to strengthen campaign drugs: producing, transportation, trafficking, and using and continue to cooperating with international bodies about Memorandum of Understanding fighting against drugs and raising the capacity of Cambodian national police
5- to strengthen law enforcement more effectively, strategic plan of Interior ministry for five year national plan combating trafficking in women and children with cooperation with local and international partners 6- to control arms and explosives with administratively registered organism. to take all available steps to fight against the smuggling of arms, illegal possession of arms working together with international societies called "arms exchange with development", setting action plan on anti-smuggling of arms, explosives, Cambodia is a leading country in ASEAN, for summiting its plan to ASEAN Secretary General of ASEAN and ASEAN nations for recommendations 7- continue cooperation with neighboring countries to fight transnational crimes for regional security 8- continue working together with regional nations and other nations to combat terrorism, transnational organized crime, subversions
9- Strengthening of Law Enforcement and Norms : - verification of convention on torture and cruelty on human beings or inhumanity - verification of convention on illegal producing, transporting of arms and explosives, ammunitions, and drugs - verification of treaties on transnational crimes - cooperation with concerned parties drafting law on terrorism - working together with concerned agencies drafting law on Casino