Sunday, March 23, 2008

Military Court of Cambodia

Where?
The military court is located in the municipality Phnom Penh, but it has its jurisdictional competence on the whole territory of the State of Cambodia.
It is in Sangkat Toul Svay Prey III, Khan Chamkarmorn.

What?
The military court is responsible for dealing with the cases of military offenses, any offenses committed by military personnel that involves military discipline or harms military property.
Decree-law No. 04, 12 August 1981, of the Council of State (People’s Republic of Kampuchea) provides an actual list of military offenses and their respective punishment:
1. Offenses affecting fighting strength and military service, with equitable punishment;
2. Opposing an order of higher command, punishable by 6 months to 3 years imprisonment, or up to 10 or 20 years imprisonment, depending on the result brought about the opposing act during fighting.
3. Defection,punishable by 2 to 5 years imprisonment. If weapons and documents were taken, punishment would be up to 20 years or life imprisonment;
4. Theft, sale, purchase, assistance in hiding weapons or military equipment, punishable by 1 to 5 years imprisonment, and in serious cases up to 10 years imprisonment;
5. Threats against civil servants fulfilling their duties, punishable by 6 months to 3 years imprisonment;
6. Propaganda that leads to army division, punishable by 6 months to 3 years imprisonment;
7. Torture or causing of physical injury to subordinates or superiors, punishable by 6 months to 3 years imprisonment;
8. Causing the leak of confidential information or the loss of classified documents through negligence, punishable by 6 months to 3 years imprisonment;
9. Dereliction of duty with negative consequences, punishable by 6 months to 3 years imprisonment, or 10 years if especially damaging to the military;
10. Dodging military service, punishable by 6 months to 6 years imprisonment, or up to 5 years for solicitation to desert the armed forces.
Note: In case when a military member committed normal criminal offence, he or she shall be prosecuted by the provincial or municipal court.

Who?

The military court consists of an office of Trial Judges, an Investigation Office, a Chief Clerk’s Office and a Secretariat (administrative office). It is staffed with a President, three Vice Presidents, member judges and military defenders. All judges are appointed by the Ministry of Defense. Military defenders are appointed by the President of the court after a period of training at the Ministry of Justice.

How?
The procedure of the military court shall be the same as what of what the provincial and municipal court.

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