cambodian judiciary
cambodian institutions
SUPREME COUNCIL OF THE MAGISTRACY
The Supreme Council of Magistracy assists His Majesty to ensure the independence of the judiciary.4 The Supreme Council of the Magistracy makes requests to His Majesty for the appointment, transfer, delisting, suspension or removal of judges or prosecutors.5 The Supreme Council of Magistracy serves as the discipline body for judges or prosecutors.6
The Supreme Council of Magistracy comprises His Majesty as president and several members, including:7
- Minister of Justice
- President of the Supreme Court
- President of the prosecution office attached to the Supreme Court
- Three former judges, prosecutors or high-ranking individual whose experience in law or the courts exceeds 15 years (elected respectively by the Senate, National Assembly and Constitutional Council)
- A fully-fledged prosecutor nominated by the Minister of Justice
- A higher-court judge elected by judges of the higher courts
- Two prosecutors of the prosecution offices attached respectively to (a) the higher courts or a prosecutor at the Ministry of Justice and (b) the court of first instance
- A fully-fledged judge of the Court of First Instance elected by judges from all Courts of First Instance
Elected or nominated members of the Supreme Council of Magistracy hold their duty for five years.8
THE BAR ASSOCIATION OF
THE KINGDOM OF
CAMBODIA
The Bar Association of the Kingdom of Cambodia (“BAKC”) is a private and autonomous institution governing the practice of the legal profession. The BAKC has regulatory functions to ensure the quality of the profession, defend its independence and autonomy, and discipline lawyers in breach of the code of conduct for lawyers.
The BAKC is led by a President and managed by the Bar Council. The President of the BAKC is elected from among the BAKC members and serves a two-year term which is subject to renewal once.9 Bar Council members, also elected from among BAKC members, serve three-year terms, and the total number depends on the quantity of registered members (lawyers) with the BAKC.10 BAKC membership requires approval of the BAKC following completion of a lawyer training program under the Association’s auspices or meeting the requirements of membership.11
The BAKC contributes to social justice by offering pro bono services. According to its internal regulations, the Bar Association’s funds must be utilized to offer legal aid for indigent clients.12
PROSECUTION
The Prosecution of the Kingdom of Cambodia exercises public action in the name of the state to initiate criminal charges against individuals or entities who have broken the law.13 There is one Prosecution Office or Prosecutor-General’s Office attached to each court. Prosecution Offices attached to Courts of First Instance consist of a prosecutor, deputy prosecutors, clerks, and administrative officials and other legal experts working at the prosecution attached to Courts of First Instance.14 Prosecutor-General’s Offices attached to higher courts consist of a Prosecutor-General, deputy Prosecutor-General, prosecutors, clerks and administrative officials and other legal experts working at the prosecution attached to those higher courts.15
The Prosecution is an inseparable entity, which means that all Prosecutors-General, deputy Prosecutors-General, prosecutors and deputy prosecutors who serve in those capacities shall be considered as the Prosecution.16 The Prosecution operates in a hierarchical manner which, according to law, enables higher ranking prosecutors to issue instructions to lower ranking prosecutors to indict or prosecute certain cases. Similarly, the Minister of Justice may issue an instruction to Prosecutors-General or prosecutors to indict certain matters.17