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Cambodia – Southeast Asia Security Laws

The Constitution of the Kingdom of Cambodia (1993) is the fundamental law of the land and establishes the structure and powers of the Cambodian government. Chapter III of the Constitution provides for the guarantees the rights of Cambodian citizens.

The Code of Criminal Procedure (2007) replaced the Law on Criminal Procedure (1993) as the authority for rules of procedure for criminal investigations, trials, appeals and punishments. The Code of Criminal Procedure permits pre-trial detentions for misdemeanors lasting up to half the length of the minimum sentence of the charged crime (article 209) and up to 18 months for felonies (article 208). Acquitted persons may also be detained pending prosecutorial appeals under articles 307 and 398 of the Criminal Procedure Code.

The Penal Code (2009) includes offenses such as “Infringements on the Security of the State” (Part IV, Book 1, Title 2), such as treason and espionage (article 448) and insurrection (article 465).

Terrorism is defined under the Law on Punishment of the Acts of Terrorism (1992) and penalties are provided therefor. The definition of terrorism is updated and expanded under the Law on Counter Terrorism (2007), which now proscribes acts of terrorism covered by the UN international conventions and protocols on counter-terrorism and the financing of terrorism.

Laws pertaining to money laundering and financing terrorist activities are included in the Law on Anti-money Laundering and Combating the Financing of Terrorism (2007), the Prakas on Anti-Money Laundering and Combating the Financing of Terrorism, and the Law on Banking and Financial Institutions (1999).

The Law on the Management of Weapons, Explosives and Ammunition (2005) outlaws the possession of weapons by civilians (article 4), and provides other regulations and penalties for the possession, management, supply, transportation, importation, repair and production of weapons, explosives and ammunition.

Regulations for law enforcement confiscating and managing weapons are outlined in the Circular on Measures for the Confiscation and Management of all Types of Weapons and Explosives Use (1996).