Cambodian Penal Code

The standard age for criminal responsibility in Cambodia is 18 years old. This means individuals under 18 are generally not held criminally accountable for their actions.

However, the law allows for flexibility. Children as young as 14 can be held criminally responsible under specific circumstances, such as the severity of the crime or the child’s maturity level.

The Code outlines specific reductions in penalties for minors aged between 14 and 18 years old who are convicted of crimes. These reductions are as follows:

• Imprisonment:
  • The maximum duration of an imprisonment sentence is reduced by half.
  • For life imprisonment sentences, the term is reduced to 20 years.
• Fines:
  • Both the minimum and maximum amounts of fines are halved.

It’s important to note that even with these reductions, the classification of a crime as a felony or misdemeanor can remain unchanged depending on the severity of the offense.

Penal Procedure Code

While the penal procedure code regulates that minor under 14 years old may not be temporarily detained. The same code also regulate the duration of Provisional Detention for Felonies Committed by Minor from 14 to 18 Years Old that for a minor of 14 years to 18 years involved in a felony, the provisional detention shall be as follows:

1. provisional detention may not exceed four months if the minor is under 16 years old;
2. provisional detention may not exceed six month if the minor is 16 to 18 years old.

This procedure code further states the duration of Provisional Detention for Misdemeanor Committed by Minor from 14 to 18 Years Old, the duration of Provisional Detention for Misdemeanors Committed by Minor from 14 to 18 Years Old, provisional detention shall be as follows:

1. provisional detention may not exceed two months if the minor is under 16 years old;
2. provisional detention may not exceed four months if the minor is from 16 to 18 years old.

The duration of provisional detention in items 1 and 2 of this Article shall not exceed half of the minimum period of sentence set by law for the minor.

Focus on Rehabilitation and Reintegration

Cambodia’s juvenile justice system emphasizes rehabilitation and reintegration rather than solely punishment. Efforts are made to address the underlying causes of juvenile delinquency and to provide support for young offenders. This approach aims to reduce recidivism and promote the successful reintegration of minors back into society.

Challenges and Considerations

The Cambodian juvenile justice system faces various challenges, including resource constraints, lack of specialized personnel, and the need for further development of rehabilitation programs. Addressing these challenges is crucial for the effective implementation of juvenile justice policies and practices.

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