Saturday, March 29, 2008

Appellate Court

Hall of justice is where Appellate court of Cambodia located, that is in the ministry of justice's campus, along side Samdach Sothearos Boulevard, Sangkat Chey Chomnas, Khan Daun Penh, Phnom Penh, opposite to the Royal Palace's front gate.

The jurisdiction of the appellate court covers the whole territory of Cambodia. It hears all cases appealed from a court of first instance- municipal, provincial or military.

The Appellate Court reviews both questions of law and fact. Thus if a party does not satisfy with a judgment or decision rendered by the court of first instance, that party may file an appeal to the Appellate Court through the Clerk's Office of the court rendering such judgment or decision. The appellate court may then make a new adjudication, which uphold, modify, or annul the lower court judgment or decision.

3 Judges: In general sense, the word “Judge” is used as a title in the Cambodian judicial system. One among the three is the chief of judges whose job is to decide the case based on their critical thinking over the fact and evidence provided by both parties.

1 Prosecutors: He represents the state in finding the real justice for his own people. Usually, he leads a group of jurdiciary police to the place where the damage is done to fine the real fact and evidence before filing or initiating the criminal case over the wrongdoers.

1 Clerk : Clerks play a secondary role as secretary in the court. S/he performs the daily administrative work and assist judges in filing cases, keeping records of each trials, executing civil judgments, and participating in the reconciliation of civil disputes.

2 Lawyers: One on the victim's side and the other on the defendant's. They will just try their best to defend their clients. They give legal advice, draft legal document, and plead cases in any courts. Note: There may be more than or less than two.

Few Court guards and the Publics: Guard controls the publics who are freely involved in witnessing the cases. In appallete court, usually, there are few people because Cambodia people believe that they are not really welcome and the place, moreover, looks very shabby.

Appeal Process to the Appellate Court

Principles of the Appeal
An appeal of a judgment or other decisions of the provincial/ municipal and military courts is heard by a higher court called the “Appellate Court,” which is located in the capital of Phnom Penh and has jurisdiction over the whole of Cambodia.
For appeals in both civil and criminal cases the Appellate Court is given trial power on all legal and factual issues that the provincial/ municipal court (court of first instance) has examined and decided. The Appellate court may affirm the judgment of the provincial/municipal court in whole or in part, modify some points in the judgment, or render a different judgment. However, the Appellate Court cannot hear those issues or counts that they are not appealed.
(Text adaption:Introduction to the Cambodian Judicial Process By Koy Neam)

Appeal Court's Common Agenda
Monday - Hear and decide Civil Case
Wednesday- Hear and decide Other decisions
Friday- Hear and decide Criminal Case
Note: Hearing and deciding the cases take place only thrice a week: Mon, Wed, and Fri from 8 am until 5 pm, except holiday. In some particular cases, the other weekdays will be put into use when the court chief allows to do so in accordance of significance.

Phnom Penh, May, 12 1994