Criminal
A 2009 Penal Code, with the ECCC legacy alongside it
The Penal Code of 2009 and the Code of Criminal Procedure of 2007 replaced the transitional UNTAC-era provisions. Separately, the Extraordinary Chambers in the Courts of Cambodia tried senior Khmer Rouge figures under a hybrid domestic-international mandate; its jurisprudence on genocide and crimes against humanity is part of Cambodia's legal record even though the chambers have concluded trials.
Governing law
- Penal Code, 2009 — General criminal law; no capital punishment.
- Law on the Establishment of the ECCC, 2001 — Khmer Rouge tribunal; as amended 2004.
In practice
The Penal Code 2009 is the general criminal statute; there is no death penalty. Investigating judges conduct pre-trial investigation in the French tradition. Pre-trial detention limits are set by the Code of Criminal Procedure and are frequently litigated. The ECCC operated as a hybrid chamber with both Cambodian and international judges. The death penalty was abolished by the 1993 Constitution — a distinguishing feature in the region. Defamation and incitement provisions are used in practice against speech, so advice on expression should address criminal as well as civil exposure.