Today the Cambodian Center for Human Rights' (CCHR) Trial Monitoring Project releases the 9th edition of its Series on Fair Trial Rights and Rule of Law. This month's edition, to reflect the year anniversary since the Penal Code of Cambodia came into full force and effect, is entitled: Series on Fair Trial Rights and Rule of Law - Prohibition on Retroactive Application of Criminal Law: New Provisions of the Penal Code.
It is a fundamental principle of criminal law that no one can be found guilty of a criminal offense for an act or omission that did not constitute a crime at the time the alleged action or omission took place (Article 15 of the International Covenant on Civil and Political Rights and Article 3 of the Penal Code). Additionally, a heavier penalty may not be imposed than the one that was applicable at the time of the offense. If, subsequent to the commission of the offense, provision is made by law for the imposition of a lighter penalty, the lighter penalty shall apply (Article 10 of the Penal Code).
CCHR's Findings
Of the 567 trials monitored by CCHR at the Phnom Penh Municipal Court from 10 December 2010 until 31 October 2011, trial monitors recorded 6 cases were the accused was charged with a criminal offense under the Penal Code, even though the Penal Code was not in force at the time the alleged offense was committed.
Of the 567 trials monitored, the sentencing provisions from the Penal Code were applied in 240 trials. In 41 of the 240 trials the retroactive sentencing provisions found in the Penal Code were correctly applied, with their being no recorded instances of the incorrect application of retroactive sentencing provisions.
For further information, please see the attached edition of the Fair Trial Rights and Rule of Law series available in Khmer and English, or visit our website, www.cchrcambodia.org.
Many thanks and kind regards
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