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About
Cambodian Judiciary
Courts of First Instance

Courts of First Instance

Courts of first instance
Civil Court
Criminal Court
Commercial Court
Labor Court
Other Specialized Courts

There is a Court of First Instance in Phnom Penh and each of the provinces of Cambodia. These courts comprise a President,Vice-Presidents, Judges, clerks, administrative officials and other legal experts.1

Courts of First Instance have jurisdiction to adjudicate all general cases with exception of those falling under the jurisdiction of a special court or extraordinary court.2

Each Court of First Instance is divided into specialized courts: Civil Court, Criminal Court, Commercial Court and Labor Court and other necessary specialized courts established by Royal Decree.3

Each specialized court comprises a President (who is appointed by the President of the Court of First Instance), Judges and clerks.4 As of writing (2022), only Civil Courts and Criminal Courts have been established. Cases related to labor, commercial and administrative disputes are considered to be civil cases which fall under the jurisdiction of the Civil Court.5

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CIVIL COURTS OF FIRST INSTANCE

The Civil Court of First Instance has jurisdiction over civil cases and other cases that, by any laws, are not clearly classified under jurisdiction of other specialized courts.6 This includes cases related to commercial and labor disputes.

CRIMINAL COURT OF FIRST INSTANCE

The Criminal Court of First Instance has jurisdiction over all criminal cases within its territorial jurisdiction unless otherwise provided by law.7 The Criminal Court of First Instance includes an investigation section that conducts investigations.8 Investigating judges who conduct the investigation for the criminal cases are appointed by the President of the Court of First Instance.

COMMERCIAL COURT OF FIRST INSTANCE

The Commercial Court of First Instance legally has territorial jurisdiction to adjudicate all commercial cases, including bankruptcy in commercial matters.9 As of writing (2022), the Commercial Court of First Instance has not yet been established.

LABOR COURT OF FIRST INSTANCE

The Labor Court of First Instance legally has jurisdiction to adjudicate all labor cases in accordance with the provisions of labor procedure.10 As of writing (2022), the Labor Court of First Instance has not yet been established.

Military Court

The Military Court, located in Phnom Penh, has jurisdiction to adjudicate criminal offences by military personnel; for example, crimes against individuals and property.11The Military Court is an independent institution under the Ministry of Defence.12 The Military Court comprises a President, vice-Presidents, and judges.13 Decisions of the Military Court can be appealed to the Court of Appeal.

References

  1. 1Law on the Organization of the Courts (2014), article 13.
  2. 2Law on the Organization of the Courts (2014), article 12.
  3. 3Law on the Organization of the Courts (2014), article 14.
  4. 4Law on the Organization of the Courts (2014), article 15.
  5. 5Law on the Organization of the Courts (2014), articles 87, 88, 89.
  6. 6Law on the Organization of the Courts (2014), article 21.
  7. 7Law on the Organization of the Courts (2014), article 20.
  8. 8Law on the Organization of the Courts (2014).
  9. 9Law on the Organization of the Courts (2014), article 22.
  10. 10Law on the Organization of Courts (2014), article 25.
  11. 11Decree no. 6 on the Court Organization (1993), article 9.
  12. 12Sub Decree no. 65 on the Organization of Ministry of Defence (2000), article 4.
  13. 13Sub Decree no. 65 on the Organization of Ministry of Defence (2000), article 11.