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CAMBODIAN CORRUPTION LAWS

CAMBODIAN CORRUPTION LAWS. Presented by: Kong Rady , LLM. Penal Code Criminal Responsibility. Every person is responsible for his/her own criminal acts. (Article 24) The instigator of a felony or misdemeanor shall be punished the same as the perpetrator. (Article 28)

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CAMBODIAN CORRUPTION LAWS

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  1. CAMBODIAN CORRUPTION LAWS Presented by: Kong Rady, LLM

  2. Penal CodeCriminal Responsibility • Every person is responsible for his/her own criminal acts. (Article 24) • The instigator of a felony or misdemeanor shall be punished the same as the perpetrator. (Article 28) • The accomplice of a felony or misdemeanor shall be punished the same as the perpetrator. (Article 29) • In case it is precisely provided for by a law and legal instruments, the legal entities, to the exclusion of the State, may be declared as being criminally responsible for the offenses committed, for their interests, by their organs or their representatives. The criminal responsibility of the legal entity does not exclude the criminal responsibility of the natural person for the same acts. (Article 42)

  3. Law on Anti-Corruption • This Law was promulgated and came into immediate effect on 17th April 2010. • After promulgation of this Law, other provisions besides the provisions stated in Chapter 6 of this Law shall come into effect immediately. • The provisions in Chapter 6 of this Law comes into effect 12 months after the full implementation of the Penal Code (the Penal was fully implemented on 1st December 2010.

  4. Law on Anti-CorruptionCriminal Responsinbility • Initiator shall mean any person who: • Provide guide to commit felony or misdemeanor. • Facilitate corruption by giving, promising, threatening, inciting, inducing or abusing his or her own power or authority. • Accomplice shall mean any person who has intentionally facilitated an attempt or commission of a crime of corruption through his or her own assistance or support.

  5. Corruption Offenses and Punishment • Corruption offenses stated in the Penal Code:

  6. Corruption offenses stated in the Law on Anti-Corruption:

  7. Investigative Power of ACUArticle 25 The framework of investigation is contradictory to the Criminal Procedure Code The framework of investigation by ACU is contradictory to Article 85 (power of judicial police officials in flagrant offense investigation), Article 91 (searching), Article 94 (subpoena in the case of flagrant offense investigation), and Article 114 (subpoena in preliminary investigation) of the Criminal Procedure Code. The Chairman of ACU or his officially assigned representative has the duty to lead, coordinate and control the mission of those officials instead of the role of prosecutor to point of arresting a suspect.

  8. ACU starts investigation only on corruption offense The ACU cannot investigate other offenses, except corruption ones unless it is ordered by the court to do so. During the course of investigation of a corruption offense, if any other offenses are found in connection to the offense being investigated the officials of ACU can continue investigation of those offenses to the final stage of procedures.

  9. Special Privileges of ACUArticle 26 • ACU can ask the concerned authorities to suspend all functions of any individual who is substantially proven to be involved in a case of corruption. • If the suspect flees to foreign country, the Chairman of ACU can ask for extradition.

  10. Privileges of ACU related to monitoring Being contradictory to article 105 (prohibition from wire-taping) and article 172 (wire taping ordered by the court) of the Criminal Procedure Code, in the case there is clear hint of corruption offense, the ACU can: • check and put under observation the bank accounts or other accounts which are described to be the same as bank accounts, • Check and order the provision or copy of authentic documents or individual documents, or all bank, financial and commercial documents. • Monitor, oversee, eavesdrop, record sound and take photos and engage in phone taping. • Check documents and documents stored in the electronic system • Conduct operations aimed at collecting real evidence.

  11. Privileges of ACU related to freezing an individual’s assets Upon the request by the chairman of ACU, the Royal Government can order the General Prosecutor of the Appeal Court or Prosecutor of the Municipal/Provincial Court to freeze the assets of individuals who commit offenses stated in this Law and corruption offenses stated in the Code of Criminal Procedure. The individual assets, stated in the above first paragraph, includes the funds received or which forms asset belonging to the individual.

  12. Privileges of ACU in coopertation with public authority The chairman of ACU can order public authorities, government officials, citizens who hold public office through election, as well as units concerned in private sector, namely financial institutions, to cooperate with officials of ACU in the work of investigation. The chairman of ACU can also ask the national and international institutions to cooperate in forensic examinations related to its investigation work.

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