Criminal law in Cambodia

The main framework consists of the Constitution of 1993, the Criminal Code of 2009 and its amendments recorded by the National Council for Sustainable Development, the Code of Criminal Procedure of 2007 and the Law on the Organization of Courts of 2014. Special criminal laws also cover corruption, human trafficking, terrorism, drugs, road traffic and technology-enabled scams. The Khmer original is authoritative; English translations may be unofficial or outdated. Cambodian criminal law recognises legality and individual responsibility. Intent is generally required, while negligence creates criminal responsibility only when a law expressly provides for it. An attempt to commit a felony is punishable, and an attempt to commit a misdemeanour is punishable where the law provides. Instigators and accomplices generally face the same statutory penalty as the principal offender. Legal entities can receive fines and additional penalties alongside the liability of a natural person. Offences are classified by the maximum penalty. A felony may carry life imprisonment or more than five to thirty years of imprisonment. A misdemeanour may carry more than six months and up to five years, while a petty offence may carry up to six months. Principal penalties include imprisonment and fines in Cambodian riel. Additional penalties can restrict rights or professional activity, prohibit driving, suspend a licence, exclude a person from a locality, prohibit departure or entry in applicable cases, confiscate property or require publication of the judgment. Pre-trial detention is credited towards an imprisonment sentence. Cambodia's criminal jurisdiction generally covers conduct committed in Cambodia, including an offence whose constituent act occurs there. It can also extend to Cambodian ships and aircraft, certain offences committed by Cambodian nationals and, for a felony, certain offences against Cambodian victims. A final foreign judgment can prevent duplicate prosecution for the same matter. The judicial police, នគរបាលយុត្តិធម៌, examine reported offences, identify and arrest suspects within their legal powers and collect evidence. The prosecutor, ព្រះរាជអាជ្ញា, attached to the competent Court of First Instance reviews the police file, decides whether to initiate criminal action and files charges where appropriate. An investigating judge, ចៅក្រមស៊ើបសួរ, conducts judicial investigations when required and handles measures such as warrants, seizures and expert evidence. The judicial police cannot authorise telecommunications interception alone; an investigating judge's authorisation is required. A criminal matter can be reported to the police or to the prosecutor's office at the competent Court of First Instance. Police custody can last up to forty-eight hours under the stated criminal procedure rules. After twenty-four hours, the detainee may request a lawyer or another selected person to arrange one, and the lawyer may meet the detainee confidentially for up to thirty minutes. An interpreter can be used when needed. The exact court timetable depends on the case, and no reliable nationwide fee tariff or uniform duration applies to every criminal case. The ordinary court sequence runs from the Court of First Instance to the Court of Appeal and then the Supreme Court. The accused benefits from the presumption of innocence, receives information about the charge and may remain silent, challenge evidence, obtain defence counsel and use an interpreter. Hearings are generally public. Courts generally admit relevant evidence and assess it according to their intimate conviction, but a coerced declaration has no evidentiary value. Bail and judicial supervision may be available under the applicable conditions. Legal aid can be available, especially for minors and accused people who cannot afford counsel, when the legal conditions are met. A victim's criminal action and civil action are legally separate. A normal complaint does not automatically give the victim civil-party status. A victim of a felony or misdemeanour may complain to the investigating judge and request recognition as a civil party, and a lawyer may file on the victim's behalf. A civil party can seek compensation or other reparation within the criminal case. Cambodia has a formal basis for victim and witness protection, but the broader protection framework remains fragmented. A person is a minor if under eighteen at the time of the offence. A child under fourteen cannot be apprehended under the stated youth rules; the file is handled without criminal processing and referred to a representative or social-affairs authority. For ages fourteen to under eighteen, specialised judicial police apply. Arrest is generally limited to a minor caught in the act of a felony or misdemeanour, with an additional rule for an intentional misdemeanour for ages fourteen to under sixteen. Custody should be a last resort, and minors should be separated from adults and by sex. They have rights to a lawyer, including legal aid where available, a representative or support person, a social agent, an interpreter, medical care, privacy, notice of the charge and the opportunity to question evidence and witnesses. Diversion for a minor may be ordered by the prosecutor, investigating judge, trial judge or an appellate authority for a petty offence or misdemeanour when sufficient evidence exists, the minor admits the conduct and gives voluntary consent. Measures can include school, training, family or community programmes and restitution. Several measures may last up to six months, while community service may last up to one hundred hours and is available only from age sixteen. The Ministry of Social Affairs, Veterans and Youth Rehabilitation operates the Youth Rehabilitation Centre, which has detention, rehabilitation and reintegration sections. Continued placement after the person turns eighteen can remain possible up to the applicable maximum age of twenty-four. The Law on Road Traffic of 2014, its recorded 2017 revision and a 2026 amendment recorded by the National Committee for Road Safety govern road offences. Traffic police handle administrative enforcement, including fines and licence measures. Criminal proceedings can arise from negligent death or injury, dangerous or intoxicated driving, hit-and-run conduct and related offences under the traffic law and Criminal Code. The exact current fines and the effect of the 2026 amendment require checking the Khmer legal text. Digital criminal conduct is addressed through the Criminal Code's data and computer-related offences, the Telecommunications Law of 2015, the E-Commerce Law of 2019, the Consumer Protection Law of 2019 and the Law on Combating Technology-Enabled Scams promulgated on 7 April 2026. The 2026 law identifies five offences, including technology-based fraud, organising or leading an online scam centre, recruiting or training people for such fraud, malicious collection of identity documents or data and specified money laundering. It allows penalties up to life imprisonment, fines up to 1,000,000,000 riel and asset seizure. Police technology units, prosecutors and courts handle these cases under the applicable criminal procedure rules.