Kingdom of Cambodia
The
Royal Government
19/ANKr-BK
The Organization and Functioning of the Ministry of
Justice
The Royal Government
-
Having seen the Constitution
of the Kingdom of Cambodia;
-
Having seen Kret NS/RKT/1198/72,
dated November 30, 1998 regarding the Appointment of the Royal Government of
Cambodia;
-
Having seen Kram 20/NS/94,
dated July 20, 1994, promulgating the Law on the Organization and Functioning
of the Council of Ministers;
-
Having seen Kram NS/0196/RKM/04,
dated January 24, 1996 regarding the Establishment of the Ministry of Justice;
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Having seen Kram 09/NS/94,
dated December 22, 1994, on the Organization and Functioning of the Supreme
Council of Magistracy;
-
Having seen Anukret
20/ANK/BK, dated April 30, 1996, on the Organization and Functioning of
Ministries and State Secretariats;
-
Pursuant to the approval of
the Council of Ministers at its plenary session of February 25, 2000;
HEREBY DECIDES
Chapter 1: General Provisions
Article 1:
This Anukret determines the organization of
entities of the Ministry of Justice and determines the missions of the ministry
and other departments.
Chapter 2: Mission and
Structure
Article 2:
The Ministry of Justice is delegated
authority by the Royal Government to perform the mission of guidance and
administration of Justice in the Kingdom of Cambodia.
Article 3:
The
Ministry of Justice has the following functions and duties:
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To
protect the independence of judges during the course of their duties;
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To
realize justice for all persons before the laws;
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To
organize and monitor administrative processes of tribunals;
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To
manage civil servants who are serving at the Ministry of Justice;
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To
ensure the functioning of the courts and all prosecutors and prepare various
laws governing these institutions;
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To
educate and disseminate laws concerning judicial affairs;
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To
ensure proper application of orders and judgments of levels of courts and
prosecutors;
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To
follow up the execution of judgments, in particular, inspection of detention
centers and prisons for the purpose of law enforcement;
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To
form, manage and issue extracts of judgments;
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To
accept, prepare and manage amnesties or pardons as determined by law;
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To
conduct international relationships associated with justice and relevant laws;
and
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To
perform other duties as assigned by the Royal Government.
Article 4:
The
Ministry of Justice consists of the following structures:
-
Cabinet
of Minister;
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Judicial
General Inspectorate;
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Department
of Administration and General Affairs;
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Department
of Personnel and Training;
-
Department
of Civil Affairs;
-
Department
of Criminal Affairs and Amnesty;
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Department
of Prosecution Affairs; and
-
Department
of International Affairs.
The organization chart of the ministry of
justice is an annex to this Anukret.
Chapter 3: The Cabinet of Minister
Article 5:
The cabinet of minister is in charge of
undertaking missions that are determined by the provision of Anukret 20/ANK/BK,
dated April 30, 1996 as referred to above, concerning the organization and
functioning of the Ministries and the State Secretariats.
Chapter 4: Judicial General
Inspectorate
Article 6:
The Judicial General Inspectorate of the
Ministry of Justice shall act as a mechanism of the ministry for the following
activities:
-
To
conduct regular inspections on administrative functioning of departments and
entities;
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To
conduct administrative inspections over the tribunals, prosecution
institutions, and organizations under the ministry’s jurisdiction;
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To
resolve the case if there is a complaint against a person or legal entity over
the functioning of the Supreme Council of Magistracy;
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To
prepare reports to the Minister of the administrative functioning of the
tribunals, entity or entities that has been inspected and propose measures to
the Minister for improving such functioning;
-
To
review and mediate administrative disputes which fall under the authority of
the officers and agents of the ministry; and
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To
perform other duties assigned by the Minister;
The Judicial General Inspectorate shall be
headed by one General Inspector, deputy general director and a number of
inspectors as assistants.
Chapter 5: Department of Administration and General Affairs
Article 7:
The Department of Administration and General
Affairs shall function as the ministerial mechanism for the following
activities:
a)
Administration and planning:
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To
coordinate administrative management at the central level and between the
locally-based entities under its jurisdiction;
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To
manage and circulate administrative documents of the ministry;
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To
ensure administrative efficiency and safety and social affairs of the ministry;
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To
prepare and disseminate the statistics of judicial and prosecution affairs;
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To
prepare and manage the data system and development of the ministry;
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To
publish all legal and regulatory documents in force that relate to justice
affairs;
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To
organize meetings, conferences, seminars, protocols, and other ceremonies
within the ministry;
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To
coordinate foreign aid and monitor the implementation of foreign aid related to
the Ministry of Justice.
b)
Financial management and logistics:
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To
assess the need, develop expense programs, manage equipment and materials,
arrange repairs, renovation and construction;
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To
manage movable and immovable property and material stock, and make inventories;
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To
receive and distribute equipment to provincial and municipal courts and
prosecutors;
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To
maintain employment forms and physical account;
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To
organize information technology of financial activities and operational
account;
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To
inspect technical matters regarding implementation of the ministry's public
procurement;
c)
Account and financial management:
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To
propose the ministry's budget plans and follow up their implementation;
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To
properly collect revenues under the financial law;
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To
combine and adjust all expenses of the ministry;
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To
administer the account application for public procurement;
One Department Director and a number of
deputies as assistants shall head the Department of Administration and General
Affairs.
Chapter 6: Department of Personnel and Training
Article 8:
The Department of Personnel and Training
shall function as a mechanism of the ministry in the following activities:
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To
prepare policies for recruitment, appointment, promotion, removal, and
retirement for the ministry as determined by law;
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To
govern all civil servants who are serving for the Ministry of Justice through
cooperation with the State Secretariat for Civil Service;
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To
organize training for all civil servants who are serving for the Ministry of
Justice;
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To
draft legal texts concerning the organization and functioning of tribunals;
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To
determine functions and number of civil servants of each tribunal and collect
information related to the activities of tribunals;
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To
prepare regulations related to the Statute of Judges and Clerks and ensure the
implementation of such regulations;
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To
prepare all administrative files for career management;
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To
prepare statistics of personnel management and operational schedules;
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To
prepare policies for the recruitment of judges at the request submitted by
tribunals; and
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To
perform other duties assigned by the leadership.
The Department of Personnel and Training
shall be directed by one Director and by a number of Vice-Directors as
assistants if necessary.
Chapter 7: Department of Civil Affairs
Article 9:
The Department of Civil Affairs shall
function as the mechanism of the ministry in the following activities:
-
To
draft laws and regulations on the civil code and civil procedures;
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To
receive and organize appeals and recourse related to civil proceedings as
determined by law;
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To
participate in the drafting of legislation prepared by different ministries and
institutions relating to the private and public laws;
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To
participate in discussions and negotiations and enter into agreements regarding
international laws that are advantageous to private law, administrative law,
commercial law, social law and patent and literature and artistic intellectual
property;
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To
ensure the proper functioning of the cooperation of international courts of
civil jurisdiction and ensure the enforcement of international indictments for
civil jurisdiction;
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To
examine books of court fees for tribunals;
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To
provide consultation for civil code, labor law, and administrative law for the
ministerial leadership; and
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To
perform other duties as assigned by the leadership.
If necessary, one Director and a number of
Vice-Directors as assistants shall direct the Department of Civil Affairs.
Chapter 8: Department of Criminal Affairs and Amnesty
Article 10:
The Department of Criminal Affairs and
Amnesty shall function as the mechanism of the ministry regarding the following
activities:
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To
draft laws and regulations on criminal law and criminal procedures;
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To
review and provide consultations on all draft laws and regulations prepared by
the ministries and institutions that provided criminal punishment;
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To
cooperate with the Ministry of Foreign Affairs and International Cooperation in
negotiating conventions related to crime;
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To
review proposals made by foreign governments and Cambodian prosecutor related
to extradition and ensure the application of international indictments for
criminal prosecutions;
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To
conduct awareness and dissemination of criminal law in short message (text);
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To
prepare and enforce measures preventing the commission of offenses by
cooperating with relevant ministries and social organizations;
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To
receive and forward complaints related to the enforcement of criminal
punishment, recourses, and actions for amnesty as provided by law;
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To
participate in the development of legal texts related to criminal law prepared
by the ministry and institutions;
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To
develop draft laws for the annual settlement of the national budget at the
central and provincial or municipal levels;
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To
review and provide consultation related to criminal matters;
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To
prepare statistics and achievement reports of criminal affairs;
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To
manage the punishment and issue extracts of judgments; and
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To
perform other duties as assigned by the leadership.
One Director assisted by a number of deputies
if necessary shall head the Department of Criminal Affairs and Amnesty.
Chapter 9: Department of Prosecution Affairs
Article 11:
The Department of Prosecution Affairs shall
function as a mechanism of the ministry for the following activities:
-
To
draft laws that relate to prosecution institutions and procedures for their
functioning;
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To
participate in the development of legal texts related to prosecution prepared
by the ministry and institutions;
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To
review and provide consultations on all draft laws and regulations prepared by
the ministries and institutions related to prosecution;
-
To
review the monitor reports of detention centers and provincial and municipal
prisons;
-
To
prepare and enforce measures preventing the commission of offenses by
cooperating with prosecution institutions;
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To
assist in preparing complaints that relate to prosecution institutions;
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To
prepare statistics and achievement reports of prosecution affairs;
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To
establish relationships with international organizations in the aspect of
prosecution and human rights;
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To
review and provide consultation related to prosecution matters; and
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To
perform other duties as assigned by the leadership.
The Department of Prosecution Affairs shall
be headed by one Director assisted by a number of deputies if necessary.
Chapter 10: Department of International Affairs
Article 12:
The Department of International Affairs shall
function as the mechanism of the ministry for following activities:
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To
coordinate all international affairs that relate to justice affairs;
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To
study and research international laws related to justice affairs;
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To
establish justice relationships with other countries;
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To
participate with international institutions and ministries and institutions in
fighting against illegal drugs and money laundering;
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To
be in charge of ASEAN and justice affairs;
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To
develop cooperation programs, memoranda of justice agreements with other
countries and international organization and prepare protocols for meetings of
ministerial leadership and foreign guests;
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To
prepare statistics and achievement reports of prosecution affairs; and
-
To
perform other duties as assigned by the leadership.
The Department of International Affairs shall
be headed by one Director assisted by a number of deputies if necessary.
Chapter 11: Financial Auditing Entity
Article 13:
The Financial Auditing Entity was created by
the Minister of Economy and Finance under the conditions and regulations
defined by Anukret No. 81, dated November 16, 1995 on the establishment of
financial auditing entities to audit ministerial budget expenditures.
Chapter 12: Final Provisions
Article 14:
The organization and functioning of the
Ministry of Justice at the central administration from the department level or
lower shall be determined by a Prakas of the Ministry of Justice.
Article 15:
For duties relevant to the authority of other
institutions, the Ministry of Justice shall cooperate with the director of such
department to allocate the responsibilities and performance of such activities
through a joint Prakas of the Ministry of Justice and the director of such
institution.
Article 16:
Any
provisions, which are contrary to this Anukret, shall be null and void.
Article 17:
The Minister in charge of the Council of
Ministers, the Minister of Justice, and Ministers and Secretaries of State of
all relevant institutions shall effectively implement this Anukret from the
date of signature.
Article 18:
This Anukret shall enter into force from the
date of signature.
Phnom
Penh, January 20, 2000
Prime Minister: Hun Sen
Having
submitted to Samdech Prime Minister
Minister
of Justice: Ouk Vithun