1956 Cambodian Penal Code

According to the ECCC Law,  suspects who may have committed homicide, torture, or
religious persecution as laid out in the 1956 Cambodian Penal code between 17
April 1975 and 6 January 1979 can be prosecuted by the Extraordinary Chambers
in the Courts of Cambodia. In Case 001, the application of the 1956 Cambodian Penal
Code was challenged by the defense, which alleged that prosecution under this
law was time barred by statutes of limitations. The defense asserted that as
the original statute of limitations in the 1956 Penal Code was 10 years, this
period has already elapsed when the ECCC Law  which extended the limitation period to 30 years was passed.
This, the extension of the limitation period would constitute prohibited
retroactive legislation.<o:p></o:p>

<o:p> </o:p>

The Trial Chamber was not able to reach the required
majority of at least four affirmative votes when deciding on the objection from
the defence. Consequently the charges against the defendant under the 1956
Cambodian Penal in Case 001 were dropped. The defence teams in Case 002 also challenged the
application of the 1956 Penal Code. In this case the Trial Chamber found that procedural
defects in the indictment, where the factual situations which could constitute crimes
under the 1956 Cambodian Penal Code had not been properly identified, barred
the Trial Chamber from trying the defendants on charges under the 1956 Penal
Code.<o:p></o:p>

The crimes under the 1956 Penal Code subject which can be
tried by the ECCC are described in  Article 3 (New) of <a href="http://www.eccc.gov.kh/tags/topic/79">the ECCC Law</a>:

<o:p> </o:p>“The Extraordinary Chambers shall have the
power to bring to trial all Suspects who committed any of these crimes set
forth in the 1956 Penal Code, and which were committed during the period from
17 April 1975 to 6 January 1979:

•               
Homicide (Article 501, 503, 504, 505, 506,
507 and 508) <o:p></o:p>

•               
Religious Persecution (Articles 209 and
210) <o:p></o:p>

The statute of limitations set forth in the
1956 Penal Code shall be extended for an additional 30 years for the crimes
enumerated above, which are within the jurisdiction of the Extraordinary
Chambers. <o:p></o:p>

The penalty under Articles 209, 500, 506 and
507 of the 1956 Penal Code shall be limited to a maximum of life imprisonment,
in accordance with Article 32 of the Constitution of the Kingdom of Cambodia,
and as further stipulated in Articles 38 and 39 of this Law.”

Additional charges announced against Ao An

Mon, 03/14/2016 - 19:39

On 14 March 2016, the International Co-Investigating Judge charged Ao An with the following alleged crimes: −Genocide of the Cham;

Statement from the International Co-Prosecutor regarding Case File 003

Mon, 05/09/2011 - 14:49

The International Co-Prosecutor, Andrew Cayley, makes this public statement pursuant to ECCC Internal Rule 54, to ensure that the public is duly informed about ongoing ECCC proceedings, and in particular with regard to the International Co-Prosecutor’s Introductory Submission in Case File 003. In providing this information the interests of victims and witnesses, the rights of suspects, and the requirements of the investigation have been taken into account, as required under the Rules.

Acting International Co-Prosecutor requests investigation of additional suspects

Tue, 09/08/2009 - 00:00

Yesterday, the Acting International Co-Prosecutor filed with the Office of the Co-Investigating Judges the Second and Third Introductory Submissions so that judicial investigations are opened into the criminal acts alleged therein.

Summary: 50 first days of the "Duch"-trial

Mon, 07/27/2009 - 00:00

Monday 27 July marked the 50th day of the trial against Kaing Guek Eav alias Duch since its commencement on 30 March 2009. Mr. Kaing is accused of crimes against humanity, war crimes and violation of certain provision in the Cambodian Criminal Code of 1956.

All news

Text Document Judgement in Case 001

2010-07-26

E188

Text Document Closing Order (Indictment) in Case 002

2010-09-15

D427

Text Document Closing Order (Indictment) in Case 002

2010-09-15

D427
Text Document Judgement in Case 001

2010-07-26

E188

All transcripts

All witnessess