Constitution

Cambodia 1993 Constitution (reviewed 2008)

Table of Contents

Chapter XI. The Judiciary

Article 128

The Judicial is an independent power.

The Judiciary shall be impartial and protect the rights and freedom of citizens.

The Judiciary shall consider all legal cases including administrative cases.

This power shall be vested in the Supreme Court and in all courts of all sectors and levels.

Article 129

Trials shall be conducted in the name of the Khmer people in accordance with the legal procedures and laws in force.

Only judges shall have the rights to adjudicate. A judge shall fulfill this duty wholeheartedly and conscientiously, with strict respect for the laws.

Article 130

Judicial power shall not be granted to any legislative or executive body.

Article 131

Only Prosecutors shall have the rights complaints.

Article 132

The King is the guarantor of the independence of the Judiciary. The Supreme Council of the Magistracy shall assist the King in this matter.

Article 133

Judges shall not be dismissed. However, the Supreme Council of the Magistracy shall take disciplinary actions against any judge who makes mistake(s).

Article 134

The Supreme Council of the Magistracy shall be established by an organic law that determines its composition and functions.

The Supreme Council of the Magistracy shall be chaired by the King. The King may appoint his representative to chair the Supreme Council of the Magistracy.

The Supreme Council of the Magistracy shall make requests to the King on the appointment of judges and prosecutors to all courts.

The Supreme Council of the Magistracy shall, when deciding on disciplinary actions against judges or prosecutors, meet under the chairmanship of the President of the Supreme Court or the General Prosecutor of the Supreme Court depending on whether the case relates to judges or prosecutors.

Article 135

The qualifications, duties, roles and obligations of judges and prosecutors and the organization of judicial bodies shall be defined in separate laws.

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