When a person commits a criminal offense, the prosecutor will charge and send the person to the investigating judge for investigation, prosecution or acquittal, and if the investigating judge finds that the offense is a crime Or the misdemeanor has caused serious harm to the society, the investigating judge may detain the person to end or prevent the crime from recurring and not to affect the investigative proceedings.
However, if the act has caused little harm to the society and there is a legitimate reason that does not affect the investigative procedure, the investigating judge may decide to place the accused under judicial supervision. At all times, under investigation.
To better understand this week, Fresh News, in collaboration with the Cambodian Lawyers for International Cooperation, would like to raise the topic of "judicial review" to explain to the following students:
As part of the remedial measures to facilitate the conduct of the investigation, the investigating judge may place the accused under judicial supervision (out of jail) or decide on pretrial detention (in custody).
According to the Code of Criminal Procedure of the Kingdom of Cambodia, judicial review has the power to order an out-of-bail defendant to comply with one or more obligations, including:
1. Not to go outside the boundaries set by the investigating judge.
2. Do not change residence without the permission of the investigating judge.
3. Do not go to some places determined by the investigating judge.
4. Must appear at the police or military police unit assigned by the investigating judge.
5. Must respond to the summons from all persons appointed by the investigating judge.
6: All documents proving the identity must be submitted to the registrar's office.
7: Do not drive a car.
8. Do not accept or meet with any person identified by the investigating judge.
9. Deposit bail, the amount of bail and the duration of payment shall be determined by the investigating judge based on the resources of the person to be charged.
10. Do not possess or carry weapons. The weapon in possession of the accused must be handed over to the registrar's office.
11. Dedicate yourself to a doctor for treatment and eventually be placed in a hospital treatment system.
12: Do not do some professional activities.
The investigating judge may place the accused under judicial supervision on his own initiative or at the conclusion of the prosecutor. By stating the obligations required of the accused in the order and shall be notified as soon as possible to the prosecutor and the accused.
If the investigating judge who receives the complaint at the conclusion of the prosecutor requesting to place the accused under judicial supervision does not decide on the request, the investigating judge shall issue an order denying the request within 5 ( Five) days. This order shall be notified to the prosecutor as soon as possible. If the investigating judge does not decide within 5 (five) days, the prosecutor may file a complaint to the Investigating Chamber (Court of Appeal) to decide on behalf of the investigating judge.
For the submission of judicial supervision, the content of the obligation may be amended or canceled and the new obligation may be added according to 3 (three) conditions: (1) the modification of the judicial review by the investigating judge Ask and (2) the petition for amendment of the judicial review by the prosecutor and (3) through the petition for the modification of the judicial review by the accused.
In the event that the accused deliberately evades the obligation of judicial review, the investigating judge may decide to temporarily detain the accused, regardless of the length of the prison sentence and whether The accused was remanded in custody for a maximum period of time.
When the investigating judge decides to remand in custody for the above reasons. Pre-trial detention for the above reasons shall not exceed 4 (four) months for minors and 2 (two) months for minors. Minors under the age of 14 (fourteen) cannot be placed under judicial supervision.
In summary, a judicial review is a special procedure for the court (investigating judge) to administer a defendant on bail, giving the investigating judge the power to impose certain obligations or prohibitions on Defendant. Source: http://www.freshnewsasia.com/
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