PARTICIPANTS’
PAPERSRESOURCE
MATERIAL SERIES
No.86
KINGDOM OF CAMBODIA:THE CRIMINAL JUSTICE RESPONSE TO CORRUPTION
Tong Heng*

I. CURRENT SITUATION OF INVESTIGATION AND PROSECUTION OF CORRUPTION
A. Introduction
Good governance is the most important prerequisite to ensure socio-economic development withsustainability, equity and social justice. Good governance has been continuously strengthened througha number of reforms in key sectors, including fighting corruption, legal and judicial reforms, public
administration reform, and armed forces reform. The Royal Government of the third legislature has taken
numerous practical measures to tackle corruption through the introduction of Governance Action Plan andthe adoption and implementation of a number of measures such as Law on Public Financial System, Law on
Customs, Sub-decree on Public Procurement, Order on the Management of Non-tax Revenues, and Code of
Conduct and Ethics for Customs Officials.
More importantly, Law on Anti-Corruption was promulgated by Royal Kram on 17 April, 2010. This law
has a purpose to promote effectiveness of all forms of service and strengthen good governance and rule oflaw as well as to maintain integrity and justice which is fundamental for social development and poverty
reduction.1

B. Legal Framework
1. National Legal Framework(i) Law on Audit of the Kingdom of Cambodia
The Law on Audit of the Kingdom of Cambodia was passed by the National Assembly on the 12 January
2000. The purpose of the Audit Law is to establish a National Audit Authority and Internal Audit Department
within each institution, ministry and public enterprise, which is independent in its operations.2 This law also
stipulated the provision regarding to the type of audit, the nominating of General, Deputy General Auditor,
auditing report, the right to collect information, the confidential of report/information, and the punishment.
(ii) Anti-Corruption Law
The Anti-Corruption Law was promulgated by Royal Kram on 17 April, 2010. It is a substantive
law that applicable to all forms of corruption in all sections and at all levels throughout the Kingdom of
Cambodia, which occurs after the law comes into effect. It stipulated the General provisions, definition, theestablishment of an Anti-Corruption Institution, asset and liability declaration, criminal procedure to conduct
investigation, sanction, and strategies to fight corruption effectively.
To effectively root out corruption, the Anti-Corruption Law provided four strategies:• education;• prevention;• law enforcement with participation and support from the public; and• International cooperation.3* Assistant to the President of the National Anti-Corruption Council, Cambodia.
1 Anti-Corruption Law, Art. 1.
2 Law on Audit, Art. 1.
3 Anti-Corruption Law, Art. 3.

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To comply with UNCAC, Anti-Corruption Law included more corrupt offences as it was not included in
the Penal Code (2009). The offenses are listed at the Sanctioning and Prosecuting Corruption and Related
Offenses Part.
The amendment of Anti-Corruption Law was promulgated by Royal Kram on 1 August, 2011 and turn all
corruption offences stipulated in either penal code or Anti-Corruption law enter into force.

(iii) Penal Code
Most corruption offenses are stipulated in Penal Code (2009). The offences are listed at the Sanctioning
and Prosecuting Corruption and Related Offenses Part.
(iv) Criminal Procedure Code (CPC)
The Criminal Procedure Code stipulates the investigating procedure of the judicial police, prosecutors,
and investigating judge. It is also provides the procedure during trial at the court of first instance, appeals
court, and supreme court, extradition, etc.
2. International Legal Framework
In the context of international cooperation, Cambodia is a party to multilateral instruments, namely
UNCAC, UNTOC, OECD convention on Combating Bribery of Foreign Public Officials in International
Business Transactions, South East Asia Memorandum of Understanding for Preventing and Combating
Corruption, which is now renamed as South East Asia Parties Against Corruption (SEA-PAC). Bilateralextradition treaties are currently in force with P.R. of China, Thailand, Lao PDR and Korea. In addition,
Cambodia has bilateral agreement with the Republic of India, Australia, and Thailand on the Transfer ofSentenced Persons as well as the government of the United States of America Regarding the Non-Surrenderof Persons to the International Criminal Court. Cambodia is also a party to the ASEAN Treaty on MLA in
criminal matters comprising ten members (Brunei Darussalam, Indonesia, Lao PDR, Malaysia, Philippine,
Singapore Vietnam, Myanmar, and Thailand).

C. Detecting, Investigating, and Prosecuting Corruption
1. Law Enforcement Agencies(i) The National Audit Authority and Internal Audit Department
The National Audit Authority is responsible for executing the external audit function of the Royal
Government. The Auditor-General is empowered to conduct audits on accounting records, accounts,
management systems, operation controls and programmes of government institutions in accordance withgenerally accepted auditing standards and Royal Government auditing standards. The National Audit
Authority is one of the government mechanisms to prevent corruption and find out corruption.
The Auditor-General and the Deputy Auditor-Generals are appointed by royal decree on therecommendation of the Royal Government and approved by a two-thirds majority of all members of the
National Assembly. The Auditor-General and the Deputy Auditor-Generals are appointed for a term of five
years and may be reappointed for another five-year term only upon the completion of the first term.
To carry out its functions, the National Audit Authority has the power to:• request documents from other ministries, and compel ministry officials to appear and answer
questions; 4• enter and remain on the auditee’s premises during working hours;• fully and freely access to documents, reports or properties belonging to government ministries/
institutions; 5• examine, make copies or extract documents from any report.
The penalty for obstructing an audit is a fine of one to five million riel, imprisonment from one to threemonths, or both. Providing false information to the National Audit Authority is subjected for penalty as fine
4 Law on Audit arts. 30.

5 Law on Audit Arts. 32.

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from more than five million riel, or imprisonment from one to five years, or both. 6
The Auditor-General is mandated to report National Assembly, Senate, Council of Ministers, Ministry of
Economic and Finance, and the relevant ministries whenever there is irregularity in the account statement,
financial management, and current asset. Furthermore, National Audit Authority’s report is considered as
public report. However, the report is kept confidential in case of:• Affected security, defense, and integrity, or international relation of Cambodia;• Affected the commercial interest of legal entities or individual.7
According to Global Integrity 2008, none of the reports made by the National Audit Authority have been
made public and8 the legislature does not act on the findings of the National Audit Authority, partly due tothe weak link between the National Audit Authority and the parliament, and the low quality of the audit
reports. According to Global Integrity 2008, these problems are being addressed under the National Audit
Authority’s Strategic Development Plan 2007 to 2011. Hence, Global Integrity 2008 evaluates the National
Audit Authority as ‘weak’.
In addition to the establishment of the National Audit, the law on audit also established the Internal Audit
Department within each government ministry, institution and public enterprise.9 Internal Audit Department
independently monitors and evaluates the effectiveness of the implementation of internal audit of their
institution, ministry and public enterprise. However, the internal audit report is reported to the head of
institution, ministry and public enterprise for approval before it is sent to National Audit Authority.10 The
independent of Internal Audit Department remain in question.

(ii) The Ministry of National Assembly and Senate Relations (MONASRI)
MONASRI was established by the Law on the Establishment of the Ministry of National Assembly
Senate Relations and Inspection in 1999. MONASRI has two main functions: 1) coordinate the relations
between the executive and legislative branches; and 2) inspecting all operations of the government in order
to fight against corruption, abuse of power and other misconduct.11 In the inspection field, MONASRI is
mandated to:• Propose measures to prevent misconduct, and corruption among civil servants, military, and police• Investigate, collecting evidence, and interview any relevant person in the corruption or misconduct
case.
• Report the result of each inspection to the government and ask for further recommendations ormeasurement, for instance, refer the case to the court.
Due to the MONASRI’s report need to have checked and approved from the government before
it is released to public, MONASRI was assumed by the public that it is not executed its assignment
independently.
(iii) Anti-Corruption Unit (ACU)In April 2010, National Anti-Corruption Council (NACC) and Anti-Corruption Unit (ACU) were
established right after the adaptation of Anti-Corruption law. The National Anti-Corruption Council has
a role to set forth the Strategic Plan and provide guidance, recommendations on anti-corruption work. It
is composed of 11 members from different backgrounds, institutions and led by one President ranking as
Deputy Prime Minister whereas the Anti-corruption Unit as an executive body to independently undertakeits duties. The Anti-corruption Unit is led by one President with the rank of Senior Minister, and four VicePresidents with the rank of Minister and a number of Assistants, ranking as Secretary of State, Under
Secretary of States and Director Generals respectively.
6 Law on Audit Art. 44-45.
7 Law on Audit Art. 38.

8 See http://www.business-anti-corruption.com/country-profiles/east-asia-the-pacific/cambodia/initiatives/public-anticorruption-initiatives/
9 Law on Audit, Arts. 41-43.
10 Law on Audit Arts. 41.
11 Sub-Decree on Organization and Functioning of the Ministry of National Assembly Senate Relations and Inspection at Art 2,
No. 67/ANK/BK, dated 3 August 1999. Art. 2.

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To be truly independent institution, Anti-Corruption law was amended and promulgated on 1 August
2011 to provide anti-corruption institution a separated budget from council of ministers to function its
mandate effectively. It also provides the president of National Against Corruption Council the right tostructure and nominate the staffs from deputy director level to bottom line.
Under anti-corruption law, the Anti-Corruption Unit is responsible for investigating corrupt offences
as stipulated in both the penal code and anti-corruption law. Officials of the Anti-Corruption Unit who
accredited as judicial police are empowered to investigate corruption offenses. In addition, other units thatare aware of corruption offences shall make corruption complaints to the Anti-Corruption Unit or its branch
offices in the Capital or provinces.12
The prosecutors’ office is responsible for prosecuting Anti-Corruption Law and Penal Code corruption
offences.
(a) Investigative power of Anti-corruption Unit
Officials of Anti-corruption Unit who are accredited as judicial police take charge of investigating
corruption offences. If during the course of a corruption offence investigation different offenses are foundwhose facts are related to the offence being investigated by Anti-corruption Unit, officials of Anti-Corruption
Unit may continue the investigation of the offences to the final stage. The Anti-Corruption Unit cannot
investigate other offences except corruption ones unless the unit is ordered by the court to do so.
At the end of each investigation, the Anti-corruption Unit shall submit all facts to the prosecutor for
further action in conformity with the provisions of the code of criminal procedures.
(b) Special Privileges of Anti-Corruption Unit
The president of the Anti-Corruption Unit can ask the concerned authority to suspend all functions of
any individual who is substantially proven to be involved in a case of corruption offence. If the suspect flees
to a foreign country, the president of the Anti-Corruption Unit can ask the competent authority to undertake
an extradition in accordance with the provisions in force.
(c) Privileges of Anti-Corruption Unit related to investigation
In the case there is clear hint of corruption offence, the Anti-Corruption Unit can:
1. Check and put under observation the bank accounts or other accounts which are described to be thesame as bank accounts;
2. Check and order the provision or copy of authentic documents or individual documents, or all bank,financial and commercial documents;
3. Monitor, oversee, eavesdrop, record sound and take photos, and engage in phone tapping;
4. Check documents and documents stored in the electronic system;
5. Conduct operations aimed at collecting real evidence.
The above measures will not be considered as violations of professional secrets. The secret of banks is
not be served as justification for not providing evidence related to corruption offences in the provisions of
this law.
(d) Privileges of Anti-Corruption Unit related to freezing an individual’s assets
Upon the request by the president of Anti-Corruption Unit, the Royal Government may order the
General Prosecutor of the Appeals Court or Prosecutor of the Municipal/Provincial Court to freeze theassets of individuals who commit offences stated in Anti-Corruption Law and corruption offences stated in
the Penal Code. The individual assets, stated in the above paragraph, includes the funds received or whichforms to be an asset belonging to him or her.
(e) Privileges of Anti-Corruption Unit in Cooperation with Public Authority
The president of the Anti-Corruption Unit may order public authorities, government officials, citizens
12 Anti-Corruption Law, art. 22.

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who hold public office through election, as well as units concerned in private sector, namely financial
institutions, to cooperate with officials of the Anti-Corruption Unit in the work of investigation. The
president of the Anti-Corruption Unit may also ask the national and international institutions to cooperate inforensic examinations related to its investigation work.
2. Regulations relating to Forfeiture and repatriation of Proceeds of Corruption(i) Forfeiture13
When a person is found guilty of corruption, the court will confiscate all his/her corruption proceeds
including property, material, instrument that is derived from corruption act and the proceeds will betransformed into state property. If the above seized asset is transferred/changed into different property
from the original asset nature, this transformed asset will become the subject of seizure at the place where
it locates. If the corruption proceeds make more benefits or other advantages, all of these benefits andadvantages will be seized as well. If the corruption proceeds disappear or lose value, the court may order thesettlement of the proceeds.

(ii) Repatriation of the proceeds of Corruption14
In case assets and corruption proceeds are found kept in foreign states, the competent authority of theKingdom of Cambodia shall take measure to claim that asset and proceeds back to Cambodia through meansof international cooperation. The Kingdom of Cambodia shall cooperate with other countries who request to
repatriate corruption proceeds that are kept in Cambodia.

A. Sanctioning and Prosecuting Corruption and Related Offences
1. Criminalizing Corruption Offences
Corruption offences are principally governed by the Penal Code (2009) and anti-corruption law (2010).
Cambodia’s main domestic bribery offences are stipulated in Articles 594 15 and 60516 of the Penal Code.

13 Anti-Corruption Law, art. 48.
14 Anti-Corruption Law, art. 49.

15 Article 594: (Bribe Taking by public official or a citizen entrusted with public mandates through an election) (Passive
Bribery).
It is punishable by an imprisonment from 7 (seven) years to 15 (fifteen) years for any act committed by a public official or acitizen entrusted with public mandates through an election to directly or indirectly solicit or accept without authorization the
donation, gift, promise, or any interest in order:
1. To perform any act of his/her functions or facilitate anything using his/her functions;
2. Not to perform any act of his/her functions or facilitate anything using his/her functions.
16 Article 605: (Bribe Offered to public official or a citizen entrusted with public mandates through an election) (Active
Bribery).
It is punishable by an imprisonment from 7 (seven) years to 15 (fifteen) years for an unauthorized person who directly
or indirectly delivers present or gift, make promise or give interests to a public official or a citizen entrusted with publicmandates through an election so that the latter:
1. Perform any act of his/her functions or facilitate anything using his/her functions;
2. Not to perform any act of his/her functions or facilitate anything using his/her functions.

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Penal Code(2009)

AntiCorruption
Law (2010)

Accepting Bribes (Passive Bribery)
Offering of Bribes (Active Bribery)
1. Article 278 (Bribe Taking By Employees) 1. Article 279 (Bribe Offered To Employees)
2. Article 280 (Bribe Taking By Governor)
2. Article 518 (Bribe Offered To Judges),
3. Article 517 (Bribe Taking By Judges)
3. Article 548 (Bribe Offered To Witnesses)
4. Article 547 (Bribe Taking By Witnesses
4. Article 554 (Bribe Offered To Interpreter)
For False Testimony)
5. Article 556 (Bribe Offered To Experts)
5. Article 553 (Bribe Taking By Interpreter) 6. Article 605 (Bribe Offered to public official
6. Article 555 (Bribe Taking By Experts)
or a citizen entrusted with public mandates
through an election)
7. Article 594 (Bribe Taking by public official
or a citizen entrusted with public mandates 7. Article 638 (Bribe Offered To A Person Who
through an election)
Has Competence To Issue False Certificate)
8. Article 637 (Bribe Taking By A Person
8. Article 640 (Bribe Offered To Member Of
Who Has Competence To Issue False
Professional Board Of Medicine To Issue
Certificate)
False Certificate)
9. Article 639 (Bribe Taking By Member Of
Professional Board Of Medicine To Issue
False Certificate)• Other related offences:- Article 387 (Improper Bidding)- Article 404 (Definition Of Money Laundering)- Article 592 (Definition Of Misappropriation)- Article 595 (Definition Of Passive trading in influence)- Article 597 (Definition Of Embezzlement)- Article 599 (Definition Of Favoritism)- Article 601 (Intentional Destruction And Dishonest Embezzlement)- Article 606 (Active trading in Influence)- Article 607 (Extortion)- Article 608 (Destruction And Embezzlement)- Article 641 (Execution Of Misdemeanor Of Articles 639 And 640 For All Medical
Professions).
10. Article 33 (Bribe taking by Foreign Public 9. Article 34 (Bribes offered to Foreign Public
Officials or Officials of Public International
Officials or Officials of Public International
Organizations)
Organization)• Other corruption offenses:- Article 35: Abuse of function- Article 36: Illicit Enrichment- Article 37: Corruption proceeds offences- Article 43: Petty corruption offences

2. Liability of Legal Persons for Corruption Offences
The Penal Code expressly provides for liability of legal persons for specific offences such as:• Article 279 (bribe offered to employees)• Article 404 (definition of money laundering)• Article 518 (bribe offered to judges)• Article 548 (bribe offered to witnesses)• Article 554 (bribe offered to interpreter)• Article 556 (bribe offered to experts)• Article 605 (Delivery of Bribes) (Active Bribery)• Article 606 (active trading in influence)• Article 607 (extortion)• Article 638 (bribe offered to a person who has competence to issue false certificate)• Article 640 (bribe offered to member of professional board of medicine to issue false certificate)

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In this presentation paper, we would like to analyse the elements of bribery offence stipulated in article
594 and 605 of Penal Code as follows:

Perpetrator

Activities

Intention

Article 594 (Bribe Taking by public Article 605 (Bribe Offered to public
official or a citizen entrusted with
official or a citizen entrusted withpublic mandates through an election) public mandates through an election)- public official
Briber- a citizen entrusted with publicmandates through an election- Soliciting or accepting the bribe - Offering, promising or giving(the donation, gift, promise, or
bribe directly or indirectly
any interest) directly or indirectly - without authorization- without authorization- Perform or- Perform or- not to perform any act of his/her - not to perform any act of his/herfunctions or facilitate anything
functions or facilitate anything
using his/her functions
using his/her functions

3. Other Offences(i) Petty Corruption Offences and Punishment
The petty corruption offence shall meet the following criteria:17• Offences committed for daily survival;• Offences committed in petty manner;• Offences which is not harmful to society;• defined by the Anti-Corruption Unit as petty corruption offences.
Any person who commits petty corruption will be sentenced to prison from seven days to five years.
Up to date, Anti-Corruption Unit has not defined other petty offences. In actual practice, the suspects who
commit petty offence will be subjected for warning by the Anti-Corruption Unit.

II. PROBLEMS
Prevention, education, law enforcement strategies and budget planning are currently envisaged in thefive years Term of Strategic Plan (2011-2015) and a Two Years Term of Action Plan (2011-2012). It wasplanned to implement at the beginning of 2011. However, due to the amendment of Anti-Corruption Law,
those strategies have been partly implemented in particular the dissemination of the Anti-Corruption Law.

III. CHALLENGES
It has been more than one year since the establishment of Anti-Corruption Unit. There are many
challenges on the way to build its fundamental ground.
• The resources, budget supported by government is now in the administration process for this initialstep;• Participation, support and trust from the public are not widen due to the raising awareness is limited
and the use of old practice has its popularity;• Lack of professional, expert in the field of education, prevention, and law enforcement;• Cooperation among relevant institutions has improved but cooperation with the Ministry of Interior,
Police, Financial Investigation Unit (FIU) and courts is still required.

IV. CONCLUSION
Although the Anti-Corruption Law provides the Anti-Corruption Unit the power and privilege toinvestigate corruption offences and the independence to execute its duties, there are many obstacles
along the way. Curbing corruption is a very difficult task as people involved in corruption are intelligent,
17 Anti-Corruption Law, art. 43.

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knowledgeable and powerful, and professional staff are required to deal with it. Experts in the field ofinvestigation, forensic science, law, accounting, procurement, education, etc. are required to work in certain
posts. It is also required to formulate a system of integrity that applies to all staff.
Second, the Anti-Corruption Unit requires adequate resources and budget from the government
to implement its Five Year Strategic Plan (2011-2015) and Two Year Term of Action Plan (2011-2012)
effectively. It is also requires the participation of the public, development partners and civil society.

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