Professional Documents
Culture Documents
1863-1883-
Cambodia is under the French protectorate.
1884-1945-
Before the establishment of the Cambodia National Police in 1945, Khmer people with
France did the policing to strengthen security and social order.
1884-
Phnom Penh police force was fully equipped with arms
1885-
Organization of police in Phnom Penh Port to improve the inspection of ship scoming
through the port.
1896
- Promulgation of the law on Sanitary Police, the law which was used in France since
1822.
1897
- Issuance of a regulation on Maritime Sanitary Police.
1897
- Issuance of a regulation on Maritime Sanitary Police.
1905
- Cambodian Maritime Police were established.
1912
- River Police Brigade was established.
1925
- Establishment of commune Patrol sor Rural Police.
1931
1. Establishment of Provincial Patrols or Provincial Police.2. Phnom Penh-
Battambang Railway Police was established to suppress crime and protect
individual property as well as maintain the order along the railway.
1945
- The birth of the Cambodian National Police on May 16, 1945. A Decree made
by Cambodia King Norodom Sihakmoni setting May 16, 1945 as the birth
of the Cambodian National Police. He made the decree on August 8, 2006.
1953
- France transferred police institution to the Royal Government of Cambodia on August
29, 1953 before gaining full Independence on November 9, 1953.
POLICE SYSTEM
13. Training dormitory in Svay Rieng for Commune Patrols: The Royal Decree
dated 1st March 1929 authorized the communes in Svay Rieng province to
gather their resources to build a "Training Dormitory" in the provincial town for
Commune Patrols using as training ground to become Social Guards.
14. Establishment of Provincial Patrols or Provincial Police: The Royal Decree
dated 27 January 1931 established "Provincial Patrols" or "Provincial Police" in
all provinces throughout Cambodia for the maintenance of public order.
15. Railway Police: Phnom Penh-Battambang Railway Police was established in
1931 to suppress crime and protect individual property as well as maintain the
order along the railway.
16. Tonle Sap River Brigade: The Sub-Decree of Senior Resident Supervisor dated
18 January 1933 established "Tonle Sap River Brigade" to protect fishing lots. It
was based in Krokor (Pursat) but allocated in 5 regions: Krokor (Pursat),
Kampong Chnnang, Kampong Thom, Kampong Klang (Siem Reap), and
Bakprea (Battambang).
17. Police at Siam border: On 2 October 1939 Cambodian police at Siam border
was established to heighten security at Ropov River as World War II just started
in early September 1939.
The brief history of activities and achievements in Section I (1884-1945) showed that
the organization and structure of the police in Cambodia had close link to national and
international political situation and socio-economic changes.
Reference Link: http://www.aseanapol.org/information/cambodian-national-police
TYPE OF GOVERNMENT
Executive Branch
The prime minister of Cambodia is a representative from the ruling party of the
National Assembly. The prime minister is appointed by the king on the recommendation
of the president and vice presidents of the National Assembly. The prime minister must
receive be given a vote of confidence by the National Assembly.
The prime minister is officially the head of government in Cambodia. The prime
minister appoints a Council of Ministers. Officially, the prime minister's duties include
chairing meetings of the Council of Ministers (Cambodia's version of a cabinet) and
appointing and leading a government. The prime minister and the government make up
Cambodia's executive branch of government.
The current prime minister is Cambodian People's Party (CPP) member Hun Sen.
He has held this position since the criticized 1998 election, one year after the CPP
staged a bloody coup in Phnom Penh to overthrow elected Prime Minister
Prince Norodom Ranariddh, president of the FUNCINPEC party.
Legislative Branch
The legislative branch of the Cambodian government is made up of
a bicameral parliament.
The National Assembly (រដ្ឋសភា Rôdthsâphéa) has 125 members, elected
for a five-year term by proportional representation.
The Senate (ព្រឹទស ្ធ ភា Prœ̆ tthsâphéa) has 61 members. Two of these
members are appointed by the king, two are elected by the lower house of
the government, and the remaining fifty-seven are elected popularly by
"functional constituencies". Members in this house serve a six-year term.
The official duty of the Parliament is to legislate and make laws. Bills passed by the
Parliament are given to the king who gives the proposed bills royal assent. The king
does not have veto power over bills passed by the National Assembly and thus, cannot
withhold royal assent. The National Assembly also has the power to dismiss the prime
minister and his government by a two-thirds vote of no confidence.
Senate
The upper house of the Cambodian legislature is called the Senate. It consists of
sixty-one members. Two of these members are appointed by the king, two are elected
by the lower house of the government, and the remaining fifty-seven are elected
popularly by electors from provincial and local governments, in a similar fashion to
the Senate of France. Members in this house serve six-year terms.
Prior to 2006, elections had last been held for the Senate in 1999. New elections
were supposed to have occurred in 2004, but these elections were initially postponed.
On January 22, 2006, 11,352 possible voters went to the poll and chose their
candidates. This election was criticized by local monitoring non-governmental
organizations as being undemocratic.
As of 2006, the Cambodian People's Party holds forty-three seats in the Senate,
constituting a significant majority. The two other major parties holding seats in the
Senate are the Funcinpec party (holding twelve seats) and the Sam Rainsy
Party (holding two seats).
● CRIMINAL JUSTICE SYSTEM
The Criminal Court of the Court of First Instance shall adjudicate criminal cases by one
Judge or a Panel of Judges in accordance with the provisions of the Code of Criminal
Procedures – see Law on Court Organization (2014), Art 20.
The Civil Court of the Court of First Instance shall adjudicate civil cases by one Judge or
a Panel of Judges in accordance with the provisions of the Code of Civil Procedures –
see Law on Court Organization (2014), Art 21.
The jurisdiction of the Commercial Court of the Court of the First Instance is stipulated
in Article 22 to Article 24 of the 2014 Law on Court Organization.The Commercial Court
of the Court of First Instance shall have the competence to hear all commercial cases
including insolvency case in accordance with provisions commercial procedures – see
Law on Court Organization (2014), Art.22.The Commercial Court of the Court of First
Instance, when hearing the cases, shall be comprised of three Judges and
accompanied by two advisors, who are businessmen or who have knowledge in
commercial laws where the subject matter is equal to or over 1.000.000.000 (One
thousand million) Riels. However, where the subject matter is between 100.000.000
(One Hundred Million) Riels to below 1.000.000.000 (One thousand million) Riels, a
panel shall consist of only one Judge and accompanied by two advisors, who are
businessmen or who have knowledge in commercial law – see Law on Court
Organization (2014), Art.23
The judgment of the Commercial Court of the Court of First Instance is rendered by one
Judge or three Judges after the consultation with commercial advisorsdepending on the
preceding paragraph. The commercial advisors do not carry out their duties
permanently in the Commercial Court of the Court of First Instance. Commercial
advisors carry out their functions at the invitation of the President of Commercial Court
of the Court of First Instance – see Law on Court Organization (2014), Art.23.The
procedures of selecting and the terms of reference for the commercial advisors are
determined by a Sub-Decree upon the request of the Minister of Justice following the
consultation with the Minister of Commerce – see Law on Court Organization (2014),
Art 24.
The Organization of the Labor Court of the Court of the First Instance is stipulated under
Article 25 to Article 28 of the 2014 Law on Court Organization. The Labor Court of the
Court of First Instance shall have competence to hear all cases relating to labor in
accordance with the provisions on the labor procedures – see Law on Court
Organization (2014), Art. 25. The Labor Court of the Court of First Instance, when
hearing the cases, shall consist of one Judge and accompanied by two labor advisors,
among whom one is the worker/employee and another is the employer. The judgment of
the Labor Court of the Court of First Instance is rendered by a Judge after the
consultation with labor advisors. The labor advisors do not carry out their duties
permanently in the Labor Court of the Court of First Instance. Labor advisors carry out
their functions at the invitation of the President of Labor Court of the Court of First
Instance – see Law on Court Organization (2014), Art.26.The procedures of selecting
and terms of reference for the labor advisors are determined by a Sub-Decree upon the
request of the Minister of Justice following the consultation with the Minister in charge of
labor –see Law on Court Organization (2014), Art. 28.
The Competent Labor Court is the Labor Court of the Court of First Instance where the
labor disputes arise. Though the competence is determined in the above paragraph, the
workers/employees may file lawsuits in Court of First Instance as determined below,
except as otherwise provided by the provisions of other law: at his/her place of
residence or at the location of head office or a principal place of the company or legal
entity or at the place of residence of the representative or a person in charge of the
company or legal entity, if the location of head office or a principal place of the
Company is not available – see Law on Court Organization (2014), Art.27.
Appeal Courts
As explained above, the higher Courts are composed of the Appeal Court and Supreme
Court.
The Appeal Court is regulated under Article 35 to Article 54 of the 2014 Law on Court
Organization. The Appeal Court is the second level of the trial chamber. The Appeal
Court includes the Appeal Court in Phnom Penh and regional Appeal Courts to be
established by a Royal Decree – see Law on Court Organization (2014), Art.35.
According to the law, the Appeal Court consists of the Criminal Chamber; Civil
Chamber; Investigating Chamber; Commercial Chamber; Labor and other specialized
Chambers to be created by Royal Decree when necessary. Each Chamber renders its
judgment(s) autonomously within its jurisdictional competence, in the name of the Court
of Appeal to which it belongs – see Law on Court Organization (2014), Art.37. Each
Chamber, when hearing the cases, shall consist of three Judges, one of whom is the
Chairman in accordance with the applicable procedures. In the event that a case is
transferred back by the Supreme Court, the Court of Appeal shall adjudicate the case
with five Judges all of whom should not have previously adjudicated on the same case –
see Law on Court Organization (2014), Art Wiebe. The Appellate Court reviews
both Ang Het (matters of facts) and Ang Chbab (matters of law) see Law on Court
Organization (2014), Art.42. The Court of Appeal has the jurisdiction to adjudicate all
cases within its territorial jurisdiction, except as otherwise provided by law to fall under
the jurisdiction of other Courts – see Law on Court Organization (2014), Art 41.
Supreme Court
The Supreme Court is regulated under Article 55 to Article 73 of the 2014 Law on Court
Organization. The Supreme Court is the highest Court in Cambodia and located in the
capital Phnom Penh – see Law on Court Organization (2014), Art.55. It has jurisdiction
to adjudicate all cases within its territorial jurisdiction in accordance with applicable
procedures – see Law on Court Organization (2014), Art 61. Moreover, recently, based
on the Law on the Amendment of the Law on Political Party, the Supreme Court has
jurisdiction, as a Court of First and Final Instance, over cases filed by the Ministry of
Interior in case it finds that a political party has committed a serious offence.
According to the law, the Supreme Court consists of Criminal Chamber; Civil Chamber;
Commercial Chamber; Labor and other specialized Chambers to be created by Royal
Decree when necessary. Each Chamber renders its judgment(s) autonomously within
its jurisdictional competence, in the name of the Supreme Court to which it belongs –
see Law on Court Organization (2014), Art.57. Each Chamber, when hearing the cases,
shall consist of fiveJudges, one of whom is the Chairman in accordance with the
applicable procedures – see Law on Court Organization (2014), Art 59.
The problem of children in conflict with the law is becoming serious in Cambodian
society. Children come into conflict with the law due to a lack of proper parental care,
lack of food, homelessness, and lack of schooling. Children become vagabonds and
they commit serious misconduct such as robberies, rapes, kidnappings and other
criminal activities. Some offences are committed due to the intimidation of the 'Big
Brother' gangs. There are some specific provisions in the Law on Criminal Procedures
and the UNTAC Criminal Law with respect to child offenders, but this is not enough to
fully comply with the CRC.
Cambodia has no juvenile justice system and there is no alternative placement for
incarcerating children separately from adults, except for one Youth Rehabilitation
Centre (YRC) in Phnom Penh. According to prison statistics from LICADHO, the
number of children detained in adult prisons rose from 45 in January 1998 to 163
children by August 1999, of whom only 62 (38%) had been sentenced. During the same
period the number of children detained at the YRC rose from 45 (none sentenced) to
48, with one having been sentenced. This gives a total of 211 children in detention by
August 1999, of whom 63 (30%) were sentenced by a court. Some were sentenced
without any proper accusation from the court and without having recourse to legal
representation.
In addition many children are detained in police stations without clear incriminating
evidence, and often beaten until they confess. The RGC opened the youth rehabilitation
centre in 1995 in order to rehabilitate children in conflict with the law. It was set up by a
sub-decree, with the aim of detaining "children from 7 to 17 years of age who have
committed themselves to perversity, thievery and robbery throughout the country". The
proposal to detain children under 13 is actually in conflict with other Cambodian laws on
minimum age of imprisonment, but in practice most children detained are aged from 13
to 18 and some are over 18.
· Create a juvenile justice system and child care law which is separate from the adult
system.
· Send inspectors to monitor and provide medical care for detained children in prisons
through the provision of standard health services.
· Raise awareness of the CRC among prosecutors, police and prison officers.
· Carry out a full review of the YRC to create a clear admission policy and improved
services, and to ensure that all children detained have access to full process of law and
legal representation, and receive an appropriate education and rehabilitation
programme.
· Set up co-operation between the relevant ministries, and the NGO sector where
appropriate, to develop diversion mechanisms for children in conflict with the law as an
alternative to custodial sentences (e.g. community service, probation etc).
The most common type of theft is “snatch and grab” robbery, and anything that can be
quickly grabbed is at risk: cameras, jewelry, purses, backpacks, mobile phones, etc.
Exercise caution and keep belongings out of sight if you travel via “tuk-tuk,” as
passengers in these open-air vehicles have been targeted by thieves. If walking along
the street, make yourself less of a target by carrying bags or items in your hand or on
the shoulder this is furthest from the street. If someone attempts to rob you, you should
surrender your valuables immediately, since any perceived resistance may be met with
physical violence, including lethal force.
Pickpockets, some of whom are beggars, are present in the markets and at tourist sites.
Sometimes they may act overly friendly, placing their hand on your shoulder or back to
distract you in order to pick your pocket.
Criminal Penalties
While you are traveling in Cambodia, you are subject to its laws even if you are a
U.S. citizen. Foreign laws, legal systems, and criminal penalties can be vastly different
than our own. In some places, it is illegal to take pictures of certain buildings. Criminal
penalties will vary from country to country. There are also acts that might be legal in the
country you visit, but still illegal in the United States. You can be prosecuted under U.S.
law if you buy pirated goods. Engaging in sexual conduct with children or using or
disseminating child pornography in a foreign country is a crime prosecutable in the
United States. If you break local laws in Cambodia, your U.S. passport won’t help you
avoid arrest or prosecution. It is very important to know what’s legal and what’s not
where you are going.
COMPARISON