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;
-
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:
-
To protect the independence
of judges during the course of their duties;
-
To realize justice for all
persons before the laws;
-
To organize and monitor
administrative processes of tribunals;
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To manage civil servants who
are serving at the Ministry of Justice;
-
To ensure the functioning of
the courts and all prosecutors and prepare various laws governing these
institutions;
-
To educate and disseminate
laws concerning judicial affairs;
-
To ensure proper application
of orders and judgments of levels of courts and
prosecutors;
-
To follow up the execution
of judgments, in particular, inspection of detention centers and prisons for the
purpose of law enforcement;
-
To form, manage and issue
extracts of judgments;
-
To accept, prepare and
manage amnesties or pardons as determined by law;
-
To conduct international
relationships associated with justice and relevant laws; and
-
To perform other duties as
assigned by the Royal Government.
Article 4:
The Ministry of Justice
consists of the following structures:
-
Cabinet of
Minister;
-
Judicial General
Inspectorate;
-
Department of Administration
and General Affairs;
-
Department of Personnel and
Training;
-
Department of Civil
Affairs;
-
Department of Criminal
Affairs and Amnesty;
-
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;
-
To conduct administrative
inspections over the tribunals, prosecution institutions, and organizations
under the ministry’s jurisdiction;
-
To resolve the case if there
is a complaint against a person or legal entity over the functioning of the
Supreme Council of Magistracy;
-
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
-
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:
-
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;
-
To organize meetings,
conferences, seminars, protocols, and other ceremonies within the
ministry;
-
To coordinate foreign aid
and monitor the implementation of foreign aid related to the Ministry of
Justice.
b) Financial management and
logistics:
-
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:
-
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;
-
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:
-
To prepare policies for
recruitment, appointment, promotion, removal, and retirement for the ministry as
determined by law;
-
To govern all civil servants
who are serving for the Ministry of Justice through cooperation with the State
Secretariat for Civil Service;
-
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;
-
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
-
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;
-
To receive and organize
appeals and recourse related to civil proceedings as determined by
law;
-
To participate in the
drafting of legislation prepared by different ministries and institutions
relating to the private and public laws;
-
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;
-
To ensure the proper
functioning of the cooperation of international courts of civil jurisdiction and
ensure the enforcement of international indictments for civil
jurisdiction;
-
To examine books of court
fees for tribunals;
-
To provide consultation for
civil code, labor law, and administrative law for the ministerial leadership;
and
-
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:
-
To draft laws and
regulations on criminal law and criminal procedures;
-
To review and provide
consultations on all draft laws and regulations prepared by the ministries and
institutions that provided criminal punishment;
-
To cooperate with the
Ministry of Foreign Affairs and International Cooperation in negotiating
conventions related to crime;
-
To review proposals made by
foreign governments and Cambodian prosecutor related to extradition and ensure
the application of international indictments for criminal
prosecutions;
-
To conduct awareness and
dissemination of criminal law in short message (text);
-
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
-
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;
-
To participate in the
development of legal texts related to prosecution prepared by the ministry and
institutions;
-
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;
-
To assist in preparing
complaints that relate to prosecution institutions;
-
To prepare statistics and
achievement reports of prosecution affairs;
-
To establish relationships
with international organizations in the aspect of prosecution and human
rights;
-
To review and provide
consultation related to prosecution matters; and
-
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:
-
To coordinate all
international affairs that relate to justice affairs;
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To study and research
international laws related to justice affairs;
-
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;
-
To be in charge of ASEAN and
justice affairs;
-
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;
-
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