This Prakas shall apply to every military officer who has a fault either with an intention, involuntary, failure, omission, negligence, recklessness, and any violation of chapter 7 of the General Military Statute of the Royal Armed Force articles 45, 46, and 47 promulgated by the Kram CS/RKM/1197/05 which was adopted by the National Assembly on the 15^th of September 1997 at its 8^th session of its first legislature. The disciplinary fault, fault related to the General Military Statute of the Royal Armed Force, civil and criminal fault are autonomous from each other. The civil penalty and criminal penalty are also autonomous from each other.

Any sanction imposed under the General Military Statute of the Royal Armed Force shall be previously approved by the disciplinary council.

The appointment of the disciplinary council shall be determined by:

• Kret for the rank of general or admiral
• Anukret for the rank of colonel or commander of navy
• Prakas of the Ministry of Defense
• The decision of the commander-in-chief of the Royal Armed Force.

The disciplinary council shall be established for each particular case where there is a matter of sanction under the General Military Statute.

The disciplinary council shall have seven members:

• Three military officers appointed by the Ministry of Defense/Commander-in-chief, which one of them shall serve as a president, another as vice president, and the last one as reporter.
• Four military officer who are in the same unit or services related to the accused military officer and who are in the higher ranks or more seniority (in case of equivalent rank).

If there is no military officer as stated above the Minister of Defense/Commander-in-chief may propose for a decision to appoint a disciplinary council among the officer who are in higher rank from a different unit of the Cambodian Royal Armed Force.

The military officer who is a criminal plaintiff or relatives through the third line of blood relationship of the accused officer may not be appointed for the disciplinary council.

After the creation of a disciplinary council, the Ministry of Defense/Commander-in-chief of the Royal Armed Force and assigned military authority shall submit all files associated with the accused military to the disciplinary council and to the reporter.

Article 5

The reporting member shall allow the accused officer to have acces to his/her files and provide witness and name of his defense representative.

Then the reporting member shall investigate/interrogate this case by:

• Asking for evidence, necessary arguments;
• Extracting the minutes and other witness response if any; and
• Receiving the complaint of the accused military.

The reporting member shall properly prepare a written report of investigation results without any personal comment.

The report shall be sent to the disciplinary council no later than fifteen (15) days.

The disciplinary council shall convene its members no later than fifteen (15) days after the receipt of report. If there is no adequate files the disciplinary council shall order the reporting members to seek further information, postpone such case, and take any necessary actions to find out a factual truth.

The above investigation period may not be more than forty-five (45) days.

In case of difficulty in gathering the information the chairman of the disciplinary council may postpone the meeting for only forty-five (45) days.

Article 7

The meeting governing by the chairman of the disciplinary council shall be attended by all members.

The accused officer must appear at the request of the council and brings with him the witness/ representative and may be represented by him/ herself or through a defense representative either in oral or written statement.

Article 8

After a completion of discussion and interrogation, the disciplinary council may take its time to consider and make a secret conclusion. Then the disciplinary council shall arrange subsequent secret vote starting from the higher degree of penalty to the lower one. All ballots shall be opened at the same time for the vote for each degree of penalty. A vote for such degree of penalty shall be re-arranged if ballots are equal.

With the outcome of the discussing statement, the chairman shall based on a hierachy order promptly send and forward based the minutes of discussion and secret votes to a competent authority for the determination of the penalty. The competent authority may refuse to follow the disciplinary council's recommendation by a written motive and decide to impose a penalty which is less severe than the disciplinary council's proposal.

The conclusive sanction shall be determined by a royal decree, sub-decree, and decision.

Article 11

During the enforcement of sanction procedure if the interested accused military officer was disappeared in fifteen (15) consecutive days after the second summons his/her position shall be postponed with no salary by a provision. If the forty-five (45) days elapsed and the accused person is still in disappearance after the second summons his/her name shall be automatically cancelled from the cadre.

The Cabinet of the Ministry of Defense, cabinet of the Chief of General Staff, all units under the Royal Armed Force shall be responsible for the enforcement of this Prakas from the date of signature herein.