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In Cambodia, the field of criminal defense emerges from the country's own rich legal history and cultural perspective. A criminal defense is a strategic argument that attempts to challenge the validity and sufficiency of the prosecutions evidence. Criminal lawyers, also known as defense attorneys, are knowledgeable about the criminal laws and its functions. They are often called upon to defend individuals accused of crime, whether domestic, or international crimes. In Cambodia, this is particularly true for cases involving corruption, drug trafficking, human trafficking, land disputes, etc.
If you have been accused of a crime in Cambodia, it’s crucial to get legal assistance. A reputable lawyer can help navigate through the complexities of local laws and regulations, negotiate with the prosecutor on your behalf, gather evidence, question witnesses, and advocate for your rights. A lawyer can help shed light on the charges and penalties you may face and come up with a strategy for your defense. Situations in which you would require a criminal defense lawyer could include when you're arrested, charged with a crime, or when you're summoned for questioning by authorities.
The Constitution of the Kingdom of Cambodia provides for the rule of law, freedom of defense, and equality before the law, irrespective of nationality, race, gender, language, and religion. There are laws which criminalize corruption, bribery, human trafficking, and drug offences among others. However, the Cambodian Criminal Code provides defenses and grounds for exemption of criminal liability like insanity, acting under command of law, duress or coercion, self defense and others.
Under the Cambodian legal system, you are presumed innocent until proven guilty. You have the right to a defense lawyer, the right not to be subjected to torture or other cruel treatments, and the right to a fair trial.
In theory, you are permitted to represent yourself; however, it’s generally not advisable given the complexities of criminal law and procedures.
Defense attorneys in Cambodia represent the accused, advise them of their rights, help them understand charges and penalties they face, gather evidence, negotiate with prosecutors, and present defense strategies in court.
In general situations, a warrant is required for an arrest. However, in certain situations, such as when a crime is being committed in flagrante delicto (caught in the act), you can be arrested without a warrant.
You have the right to be informed of the grounds for arrest, contact a lawyer, and be brought before the judge promptly after being arrested.
After the arrest, the law requires that you must be brought before a judge within 48 to 72 hours, who will then decide whether to release you or not.
If you're found guilty, the court will decide on the penalty according to the crime you've committed. Penalties may range from fines to imprisonment.
If you're innocent but falsely accused, your defense lawyer can challenge the prosecution's evidence and present evidence that supports your innocence.
Yes, you do have the right to appeal a conviction in the higher courts.
The state provides free legal aid to those who cannot afford a lawyer.
The Bar Association of the Kingdom of Cambodia may provide legal help. The Legal Aid Department (LAD) and Legal Aid Cambodia (LAC) provide legal services for the poor and vulnerable. Some NGOs also provide legal aid for specific cases or groups.
If you need legal assistance in a criminal case, the first step is to engage a lawyer. Start by contacting a reputable criminal defense lawyer or a legal aid organization. During your initial meeting, discuss your legal problem openly and honestly. Your lawyer will discuss your legal rights, possible defenses, and next steps in your criminal case.
