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The judiciary follows civil law tradition, the instruction being entrusted to a judge and the prosecutors contenting themselves with requesting the application of the law. Courts and tribunals in Cambodia regularly face a lack of resources, both financial and human, a ferment of corruption and clientelism that eat away at the whole of society.
While the judicial police (the department in charge of most forms of criminal law enforcement) are meant to function under the prosecutor-general's office, they receive orders from the national police commander, meaning prosecutors lack control over the judicial police department. The judicial police force is divided into three sub-departments:
Additionally, with regard to prosecutors, the Minister of Justice is the chief of the prosecution and has the right to issue an injunction (order) to the prosecutions of all level of courts. The General Departments of Prosecutor and Criminal Affairs of the Ministry of Justice is the staff to the Minister of Justice on any related issues. [2]
The Ministry governs the Cambodian National Police and the administration of the law enforcement; including the police academy, police training, judicial police, anti-drug efforts, border police and prison administration. The Ministry liaises with ASEAN law enforcement offices and with Interpol. [1]
The Supreme Court of Cambodia is the highest court in the judiciary of Cambodia, under the supervision of the Supreme Council of the Magistrature. [1] It is located in the royal capital of Phnom Penh, and is regulated under Article 55 to Article 73 of the 2014 Cambodian Law on Court Organization.
The Constitution is the supreme law of Cambodia, therefore, all legal norms must comply with it. [2]Confirming the conformity of laws in the process of being adopted or already ratified falls under the authority the Constitutional Council at the request of the King, the Prime Minister, the president of one of the two parliamentary chambers, a quarter of the senators, a tenth of the deputies or ...
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According to Article 2 of the Law on the Organization and Function of the Supreme Council of the Magistracy, the council consists of 9 members: King of Cambodia (chairman) Minister of Justice; Chief of Supreme Court; General Prosecutor of Supreme Court; Chief of Appeal Court; General Prosecutor of Appeal Court; 3 Elected Judges