The following is a guest post by foreign law intern Raksmei Dara. Raksmei works with Foreign Law Specialist Sayuri Umeda in the Global Legal Research Directorate in the Law Library of Congress. Raksmei has previously contributed to the following In Custodia Legis blog posts: An Interview with Foreign Law Intern at the Law Library of Congress, Raksmei Dara; Voting in Public Elections Across Selected Asian Countries; and National Holiday Laws in Selected Asian Countries.
The Judicial System in Cambodia
Chapter XI of the Constitution of the Kingdom of Cambodia (1993, as amended in 2008) concerns the judiciary. It states that the judiciary is independent and the judicial “power shall be vested in the Supreme Court and in all courts of all sectors and levels.” (Const., art. 128.) However, before or after promulgation of laws, the king, the National Assembly, and specified others may request the Constitutional Council to determine the constitutionality of legislation itself without a case in which the legislation applies. (Id. arts. 140, 141.) The council’s decision on the constitutionality of law is final. (Id. art. 142.) The commission consists of nine members; among them, the king and the National Assembly appoint three members each. (Id. art. 137.)
The Constitution states that the king is the guarantor of the independence of the judiciary. The Supreme Council of Magistracy, comprised of the king as president and several other members, including the Minister of Justice, the president of the Supreme Court, and the president of the prosecution office, was established to assist the king in this matter. (Id. art. 132.) The Supreme Council of Magistracy makes requests to the king for the appointment, transfer, delisting, suspension, or removal of judges or prosecutors. (Id. art. 134.) The Supreme Council of Magistracy also serves as the disciplinary body for judges or prosecutors.
Appointments of Judges
To be a judge or a prosecutor, a qualified candidate who has passed the magistracy exam must complete a one-year training course. (Law on the Statutes of Judges and Prosecutors, arts. 24 & 84.) Upon completion of the training, they are randomly assigned by lottery to serve either as a judge or a prosecutor. (See Pichrotanak Bunthan, Cambodia’s Legal Professions). The candidates draw lots from a blue, satin-covered box containing balled-up slips of paper, each indicating their new roles.
About 50 people become judges or prosecutors annually. According to the Ministry of Justice, Cambodia currently has a total of 600 judges and prosecutors at all levels of courts across the country. The retirement age of judges and prosecutors is 60 years of age, but those who belong to the Supreme Court or the General Prosecution Office that is attached to the Supreme Court can delay retirement up to five years.
Court of First Instance
The courts of first instance are established in each of Cambodia’s 25 provinces and municipalities. (Law on Court Organization 2014, art. 12) These courts handle all legal disputes, including civil, criminal, administrative, commercial, family, and labor-related matters. Each Court of First Instance is divided into four specialized courts: civil, criminal, commercial, and labor courts. (Art. 14.) However, commercial and labor courts have not been established yet, though they will be shortly. The Commercial Court Law was drafted in 2023.
The Law on Court Organization provides for advisors to assist in specialized cases. In commercial disputes, if the amount is over 1 billion riels (about US $250,000), the case is heard by three judges and two commercial advisors. For cases between 100 million riels and 1 billion riels (about US $25,000–250,000), there is one judge and two commercial advisors. For cases under 100 million riels (about US $25,000), only one judge hears the case without advisors. (Id. art. 23.) The commercial advisors do not carry out their duties permanently and carry out their functions at the invitation of the president of the commercial court. (Id.)
In labor cases, the court is assisted by two labor advisors along with one judge. One advisor must represent employees, and the other must represent employers. (Id. art. 26.) The prosecution offices are attached to each court. (Id. art. 29.) A judgment must be rendered within one month from the date on which oral arguments are concluded. However, this time limit does not apply in cases that are complex or where special circumstances exist. In such cases, the court may exceed the one-month period. (Code of Civil Procedure 2007, art.187).
Courts of Appeal
The courts of appeal serve as the second tier of judicial review. They adjudicate appeals from judgments of the courts of first instance or the Military Court. There are four courts of appeals: Phnom Penh, Sihanoukville, Battambang, and Tbong Khmum. (Law on Court Organization, art. 35.) The courts of appeal examine both questions of fact (Ang Het) and questions of law (Ang Chbab), giving them the power to reassess the evidence and re-interpret legal principles as needed. (Id. art. 42.) In civil and commercial cases, if the amount in dispute does not exceed 5 million riels (approximately US$1,250), no appeal may be filed. (Civil Procedure Code, art. 260, para.1.)
Each court of appeal is divided into specialized chambers, including a Civil Chamber, Criminal Chamber, Investigating Chamber, Commercial Chamber, Labor Chamber, and other necessary specialized chambers established by Royal Decree. (Law on the Organization of Courts, art 37.) Each chamber is composed of three judges. In cases where a matter is remanded from the Supreme Court, the court of appeal must convene a panel of five judges, none of whom may have participated in earlier adjudication of the same case. (Law on the Organization of Courts, art. 39.) A prosecution office is attached to each court of appeals. (Id. art. 49.)
The Supreme Court
The Supreme Court, the final court of appeal, is located in Phnom Penh. (Id. art. 55.) Its main function is to interpret and apply the law, not to re-examine factual evidence. It hears appeals concerning alleged violations of the Constitution or legal procedures that may have affected previous rulings. (Civil Procedure Code, art. 284.) It has four chambers: a Civil Chamber, a Criminal Chamber, a Commercial Chamber, and a Labor Chamber. (Id. art. 57.) Each chamber has a president of the chamber. (Id. art. 58.) A panel of five judges, including the president of the chamber, decides cases. (Id. art. 59.)
If a case falls under the jurisdiction of different chambers, the president of the Supreme Court can decide to establish a joint chamber by his or her own initiative or upon request from the president of a chamber. A joint chamber must have at least nine judges composed of an equal number of judges from each relevant chamber. (Art. 63.) In exceptional cases, such as serious offenses by political parties, including their dissolution, the plenary Chamber of the Supreme Court may be convened. This special session must include at least nine judges, including a judge from each chamber. (Art. 62.) The prosecution office is attached to the Supreme Court. (Art. 68.)
The Military Court
The Military Court was originally established in 1981, is located in Phnom Penh, and operates outside the regular judiciary under the authority of the Ministry of National Defense to adjudicate criminal offenses committed by members of the Royal Cambodian Armed Forces. (Criminal Law & Procedure of 1992 of UNTAC, adopted by the Supreme National Council of Cambodia in September 10, 1992, art 11.) However, if a military member commits a non-military criminal offense, such as theft or assault, the case may be transferred to the civilian courts.
Were you aware of the structure of the judicial system in Cambodia? What other countries would you like to hear about? Let us know in the comments.
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