Practicing criminal law in the Kingdom of Cambodia involves navigating a unique and developing legal landscape. It requires a deep understanding of the nation's specific legal codes, court procedures, and the fundamental rights of the accused. A criminal law practitioner in Phnom Penh acts as a vital shield for individuals facing the power of the state, ensuring that justice is administered fairly and in accordance with the law.

Core Legal Framework

Our practice is grounded in a comprehensive knowledge of the key legislation governing criminal matters in Cambodia:

• The CriminalCodeoftheKingdomofCambodia (2009): This is the primary text defining criminal offenses, which are categorized as felonies (the most serious crimes), misdemeanors, and petty offenses.

• The CodeofCriminalProcedureoftheKingdomofCambodia (2007): This code outlines the entire legal process, from initial police investigation and arrest to trial, sentencing, and appeals. It establishes the rights of the accused, the roles of judges, prosecutors, and defense lawyers.

Key Areas of Practice

Our criminal defense practice covers all levels of offenses and court proceedings, including:

• Felonies: Representing clients accused of serious crimes such as murder, robbery, drug trafficking, and rape.

• Misdemeanors: Defending individuals against charges like theft, assault, fraud, and breach of trust.

• Drug-Related Offenses: Providing defense for cases involving drug possession, use, and distribution, which are treated with significant severity under Cambodian law.

• Traffic Offenses: Assisting clients involved in serious traffic accidents that result in criminal charges.

• Juvenile Justice: Representing minors in the legal system, with a focus on rehabilitation and the specific procedures for juvenile offenders.

The Criminal Procedure Process

A criminal lawyer's role is critical at every stage of the Cambodian criminal process:

1. Investigation Stage: We represent clients during questioning by the Judicial Police or Military Police (Gendarmerie), ensuring their rights are protected from the moment of arrest.

2. Prosecution & Pre-Trial Stage: We challenge the evidence presented by the Prosecutor (Procureur), argue for our client's release on bail, and prepare a robust defense strategy before the trial begins.

3. Trial Stage: At the Court of First Instance (such as the Phnom Penh Municipal Court), we advocate fiercely for our clients. This includes cross-examining witnesses, presenting exculpatory evidence, and making legal arguments before the judges.

4. Appeals Stage: If a conviction occurs, we are prepared to continue the fight by lodging appeals with the Court of Appeal and, if necessary, the Supreme Court.

Unique Challenges and Considerations

Practicing criminal law in Phnom Penh requires not only legal expertise but also cultural and linguistic fluency.

• Language: All court proceedings are conducted in Khmer. Our lawyers are fluent in Khmer, ensuring clear and direct communication with clients, court officials, and judges.

• Pre-Trial Detention: Cambodia's system often involves lengthy periods of pre-trial detention. A primary focus of our work is to advocate for bail and the swiftest possible resolution for our detained clients.

• Protecting Fundamental Rights: We are committed to upholding the constitutional rights of the accused, including the presumption of innocence, the right to remain silent, and the right to a fair and public hearing.

As criminal defense lawyers in Cambodia, we are dedicated to providing strong, ethical, and effective representation to protect the liberty and reputation of our clients.