The Prosecutor General's Office to the Supreme Court of the Kingdom of Cambodia 

   

The Prosecutor General's Office to the Supreme Court is the highest prosecutorial institution in the Kingdom of Cambodia. It plays a central role in ensuring the proper application of the law, defending public and state interests, and contributing to the consistent and fair administration of justice across the country. As part of the judiciary, it acts independently in accordance with the Constitution, the Law on the Organization of the Courts, and other applicable legal frameworks.

Legal Basis and Institutional Framework

The Office operates under the authority of the Law on the Organization of the Courts, the Criminal Procedure Code, and the Civil Procedure Code. It is chaired by the Prosecutor General to the Supreme Court, who is assisted by several Deputy Prosecutor Generals and Prosecutors. Together, they represent the prosecutorial authority in all matters brought before the Supreme Court.

The Prosecutor General is the highest-ranking prosecutor in Cambodia and serves as the head of the entire prosecution system. This includes overseeing the work of prosecutors at the four Regional Appeal Courts and the 25 Provincial and Municipal Courts of First Instance, ensuring legal uniformity and consistency throughout the Kingdom.

Core Functions and Responsibilities

1. Criminal Appeals and Cassation

The Prosecutor General's Office plays a vital role in appellate criminal proceedings. As outlined in Article 32 of the Criminal Procedure Code, the Prosecutor General or his or her delegates:

· Participate in hearings before the Supreme Court concerning criminal appeals;

· Submit legal opinions and recommendations regarding the application of the law;

· Support motions for cassation or review when procedural or legal errors are alleged in lower court decisions.

This ensures that criminal justice at the highest level adheres to legal standards and that potential miscarriages of justice are identified and corrected.

2. Civil Proceedings in the Public Interest

In line with Article 6 of the Civil Procedure Code, the Prosecutor General may also intervene in civil matters affecting the public interest, the State, minors, or legally incompetent persons. In such cases, the Office provides legal conclusions to the Supreme Court to protect vulnerable groups and uphold the broader interests of justice.

3. Judicial Oversight and Legal Uniformity

Although the Supreme Court does not conduct investigations, the Prosecutor General's Office maintains a critical oversight role by:

· Monitoring the consistency of legal interpretations and prosecutorial practices nationwide;

· Issuing guidance and directives to subordinate prosecution offices;

· Ensuring that national policies and procedures are applied uniformly across jurisdictions.

Through this role, the Office contributes to a coherent and predictable legal system.

4. Professional Ethics and Disciplinary Authority

As the leader of the national prosecution service, the Prosecutor General is responsible for:

· Upholding prosecutorial ethics and integrity;

· Monitoring compliance with the Statute of Magistrates;

· Initiating recommendations for disciplinary action when misconduct arises;

· Supporting continuing legal education and professional development among prosecutors.

This promotes accountability, strengthens public trust in the justice system, and fosters a culture of ethical prosecution.

5. Coordination with Other Judicial Institutions

The Prosecutor General's Office works in close collaboration with several key stakeholders:

· The Supreme Council of the Magistracy, regarding appointments, promotions, and disciplinary actions;

· The Ministry of Justice, particularly in areas involving international legal cooperation and law reform;

· The Judicial Police, by coordinating legal oversight and ensuring procedural legality in investigations.

While maintaining independence in prosecutorial decisions, the Office facilitates institutional cooperation for effective justice delivery.

National Structure of the Prosecution Service

Cambodia's prosecution system is structured into three levels:

· The Prosecutor General's Office to the Supreme Court – national oversight and cassation-level authority;

· Four Prosecutor General's Offices to the Regional Appeal Courts – supervisory role over provincial jurisdictions;

· Twenty-five Prosecution Offices to the Provincial and Municipal Courts of First Instance – responsible for initiating and managing prosecutions at the trial level.

The Prosecutor General to the Supreme Court leads this entire structure, providing strategic guidance and legal direction to ensure the integrity of the prosecution service across all levels.

Judicial Independence and Legal Integrity

The Prosecutor General's Office operates independently and without interference, in line with the principle of separation of powers and the independence of the judiciary as guaranteed under the Cambodian Constitution. Prosecutors act based on law, facts, and their professional conscience, ensuring that justice is served impartially and transparently.

This independence enables the Office to serve as a neutral and authoritative institution, defending the rights of citizens while protecting the legal order of the State.

International Role and Legal Diplomacy

The Office is increasingly involved in international cooperation, particularly in cases involving:

· Mutual legal assistance,

· Extradition,

· Cross-border criminal investigations,

· Judicial exchanges and regional initiatives.

It also represents Cambodia in bilateral and multilateral prosecutorial forums, including ASEAN cooperation frameworks, thereby promoting Cambodia’s legal integration and judicial diplomacy in the region and beyond.

Strategic Vision

As Cambodia continues to reform and modernize its justice system, the General Prosecution Office to the Supreme Court plays a key role in shaping a judiciary that is:

· Professional and impartial,

· Rights-respecting and accessible,

· Consistent in its legal application,

· Capable of responding to modern challenges including corruption, cybercrime, and transnational organized crime.

With this vision, the Office seeks to inspire public confidence, strengthen the rule of law, and contribute to peace, justice, and sustainable development in Cambodia.

 

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