ភ្លេចពាក្យសំងាត់  |  ផ្លាស់ប្តូរពាក្យសំងាត់  |  បង្កើតគណនីថ្មី
ចូលគណនី
គណនីរបស់ខ្ញុំ
ជ្រើសរើសភាសា:

Royal Decree on Mitigation and Pardon

Royal Decree

on

Mitigation and Pardon

We,

Preahkaruna Preah Bath Samdech Preah Boromneath Norodom Sihamoni

Samanphoum Cheatsasna Rakhatkhateya Khemrarothreas Puthinthrea Thoreamohaksat

Khemreachnea Samohorpheas Kampuch Ekreachroathboranaksanteh Sopheakmongkulea Sereyvibolar

Khemarasreypireas Preah Chao Krong Kampuchea Thipadey,

- Having seen the Constitution of the Kingdom of Cambodia

- Having seen Royal Decree No. NorSor/ RorKorTor/ 0918/ 925 issued on September 06, 2018 on the   Appointment of the Royal Government of Cambodia

- Having seen Royal Decree No. NorSor/ RorKorTor/ 0320/ 421 issued on March 30, 2020 on the Appointment and Adjustment the Composition of the Royal Government of Cambodia

- Having seen Royal Kram No./ NorSor/ RorKorMor/0618/012 issued on June 28, 2018 which is promulgated the law on the Organization and Function of the Council of Ministers

- Having seen Royal Kram No. NorSor/ RorKorMor/ 0196/08 issued on January 24, 1996 promulgating the law on the establishment of the Ministry of Interior

- Having seen Royal Kram No. NorSor/ RorKorMor/ 0196/04 issued on January 24, 1996 which is promulgated the law on the Establishment of the Ministry of Justice

- Having seen Royal Kram No. NorSor/ RorKorMor/ 1211/021 issued on December 21, 2011 which is promulgated the law on the Prisons

- Having seen Royal Kram No. NorSor/ RorKorMor/ 0807/024 issued on August 10, 2007 which is promulgated the Code of Criminal Procedure

- Having seen Royal Kram No. NorSor/ RorKorMor/ 1109/022 issued on November 30, 2009 which is promulgated the Criminal Code

- Having seen the proposed of Samdech Akeak Moha Sena Badey Techo Hun Sen, Prime Minister of the Kingdom of Cambodia

COMMAND

CHAPTER 1

GENERAL PROVISIONS

Article 1

This royal decree defines the ceremony, conditions, process and procedures for mitigation and pardon for convicts in order to integrate them back into society or for humanitarian purposes.

Article 2

This royal decree covers on mitigation and pardon for all convicts who sentenced by verdict or final judgment of the court of the Kingdom of Cambodia, and for convicts who sentenced by a court of a foreign state, but are sent to serve their sentences in Cambodia based on an agreement between Cambodia and that foreign state.

This royal decree is not implemented to pardon for convicts as provided in Article 77 of the law of Prisons.

Chapter 2

The Ceremonies which may Request Mitigation and Pardon

Article 3

The ceremonies which may request mitigation and pardon for convicts, are limited to five times a year as following:

  1. Genocide Victory Day
  2. Khmer New Year
  3. Vesak BoChea Festival
  4. National Independence Day
  5. Royal Water Festival, Floating Lanterns and Moon Worship and Ork Ombok

Mitigation and pardon may also take place at major national festivals or events.

Mitigation and pardon may also be made for each of the above ceremonies separately or together.

Chapter3

Conditions of Mitigation and Pardon

Section 1

General Conditions of Mitigation and Pardon

Article 4

Obtaining mitigation and pardon are not the right of convicts. Convicts who completed the conditions stated in this Royal Decree may receive a forgiveness as a mitigation or pardon.

Mitigation or pardon applies to convicts sentenced to prison by verdict or final judgment only.

Article 5

Mitigation and pardon may apply to convicts who has completed the conditions as follows:

-Awakening strives to change manners to become righteous citizens in order to integrate and participate in society

-Obey thoroughly and correctly in accordance with the internal regulations of the prison and a good example for other convicts and detainees

-Participate actively and regularly vocational education and training program and integration programs

-Obey thoroughly and correctly follow other prison guidelines.

Chief of prison shall evaluate and confirm the above conditions of convicts to be added to convict’s list to be applied to Capital and Provincial Committee and the Committee of the Ministry of Interior to examine and evaluate the correction level of convicts.

Article 6

Mitigation and pardon may also apply for humanitarian reasons, convicts who are elderly, pregnant, or have a serious chronic illness, mental illness or disability, with a certificate from a doctor recognized by the competent ministry.

The chief of the prison shall certify the fulfillment of the conditions in each situation of the convicts as stated in the above paragraph in order to prepare the list of convicts to be submitted to the Capital and Provincial Committee and the Committee of the Ministry of Interior.

Section2

Specific Conditions of Mitigation

Article 7

Convicts who have completed the conditions of provisions of Article 5 in this Royal Decree may receive a mitigation unless the convicts is punished 1/3(one-third) imprisonment which the court has determined.

For life imprisonment, the convict must be sentenced for 10 (ten) years first.

Article 8

The period of mitigation shall be determined as follows:

  1. Imprisonment from 1 (one) year to less than 5 (five) years may reduce 3 (three) months.
  2. Imprisonment from 5 (five) years to less than 10 (ten) years may reduce 6 (Six) months or 3 (three) months.
  3. Imprisonment from 10 (ten) years to less than 20 (twenty) years may reduce 9 (nine) months or 6 (Six) months or 3 (three) months.
  4. Imprisonment from 20 (twenty) years to 30 (thirty) years may reduce 12 (twelve) months or 9 (nine) months or 6 (Six) months or 3 (three) months.
  5. Life imprisonment may reduce the first sentence to 30 (thirty) years.

Article 9

Convicts may receive a one-time mitigation in 12 (twelve) months.

Convicts may receive multiple mitigation only if he or she has served half of the sentence

imposed by the court, but must obey to the following conditions as stated in paragraph 1 above.

For convicts sentenced to life imprisonment, after being reduced to 30 (thirty) years may be mitigated several times. However, convicts receive multiple mitigations, the total sentence shall be at least 20 (twenty) years.

Section3

Specific Conditions of Pardon

Article 10

Convicts who completed the conditions of this Royal Decree may receive pardon if they are sentenced to imprisonment:

  1. Two-thirds of the sentence
  2. Convicts sentenced to life imprisonment may be granted of pardon if the convicts have served at least 30 (thirty) years or 20 (twenty) years in case of mitigation of sentence.


 

Chapter 4

Process and Procedures for Mitigation and Pardon

Article 11

Chief of prison shall prepare a list of convicts who are eligible to apply for mitigation and pardon, attach with the relevant documents and submit to Capital and Provincial Committee and Committee of Ministry of Interior.

Capital and Provincial Committee and Committee of Ministry of Interior shall review and evaluate the qualifications of each convict who has completed all the conditions to apply for mitigation and pardon and shall prepare a list of convicts requesting mitigation and pardon, together with the relevant documents submitted to the National Committee for review and evaluation of the list of convicts requesting mitigation and pardon at least 30 days before the deadline as stated in Article 3 of this Royal Decree.

The sample list of convicts requesting mitigation and pardon together with the relevant documents as defined in the first paragraph above shall be determined by the National Committee.

Articale12

Convicts who perceive that they have completed the conditions for mitigation or pardon, but have not been asked by Chief of Prison, the person or legal representatives have the right to complaint to the National Committee with the support of prison competent team.

This complaint must be filed to National Committee directly or by Chief of Prison.

After receiving the complaint, Chief of Prison must send the complaint to National Committee, attached with report on the convict’s imprisonment.

Article 13

The National Committee shall meet to review and evaluate on the list of convicts to request the mitigation and pardon and prepare the form for the Head of Royal Government to review and decide to submit a request to the king for mitigation and pardon to convicts no later than 10 (ten) days before the due date as stated in article 3 of this Royal Decree.

Chapter5

Implementation of Royal Decree on Mitigation and Pardon

Article 14

Minister in charge of the office of the Council of Ministers shall prepare a copy and distribute to the Ministry of Justice for implementation, after receiving the Royal Decree on Mitigation and Pardon.

Article 15

Minister of Ministry of Justice shall send a Royal Decree on Mitigation and Pardon to
Competent prosecutor of capital and provincial.

Article 16

For convicts who have been pardoned by Royal Decree will be released immediately by Chief of Prison after receiving the order to release convicts of Competent prosecutor of capital and provincial.

Convicts who have been pardoned by Royal Decree are exempted from serving their sentences for a reduction period. Competent prosecutor of the capital and provincial courts and the Chief of Prison must announce the Royal Decree on mitigation for convicts who have been mitigated.

 Article 17

Mitigation and pardon are not an obstacle to the right of victims to receive compensation unless there are provisions contrary to Royal Decree which involves mitigation and pardon.

Chapter 6

Final Provisions

Article 18

Decree No. 28K issued on June 20, 1988 and any provisions that are contrary to this Royal Decree shall be abrogated.

Article 19

Samdech Akka Moha Sena Padei Techo Hun Sen, Prime Minister of the Kingdom of Cambodia, shall receive this Royal Decree from the day of signing.

 

Having done at Royal Palace, 12 January 2021

(signed)

        Norodom Sihamoni

PRL.2101.032

Having proposed to His Majesty the King to sign

Prime Minister

(signed)

Samdech Akka Moha Sena Padei Techo Hun Sen

                                                                           

Permanent Deputy Prime Minister

Minister in charge of the Office of the Council of Ministers

(signed and sealed)

Bin Chhin

មើលច្រើនបន្ថែមទៀត
មើលទាំងអស់
Flag Counter
© រក្សាសិទ្ធិគ្រប់យ៉ាងដោយ Pheakdey Law ឆ្នាំ ២០១៦។

សម្រាប់ព័ត៌មានបន្ថែមសូមទំនាក់ទំនងតាមរយៈអស័យដ្ឋានអ៊ីម៉ែល៖ info@pheakdeylaw.com

ចំនួនអ្នកចូលមើល: 39565804, Online: 20624, Today: 4976, Yesterday: 72554, This week: 77530
Web Design: CITA