The Judiciary

Chapter IX The Judiciary

Article 109: Independence

1. The judicial power is an independent power.

2. The judiciary guarantees and upholds impartiality and protects the rights and freedoms of the citizens.

3. The Judiciary covers all lawsuits including administrative ones.

4. The authority of the Judiciary is granted to the Supreme Court and to lower courts of all sectors and levels.

Article 110: Judges' Powers

1. Trials are conducted in the name of the Khmer citizens in accordance with the legal procedures and laws in force.

2. Only judges have the right to adjudicate. A judge must fulfill this duty with strict respect for the laws, wholeheartedly, and conscientiously.

Article 111: Separation of Powers

Judicial power may not be granted to the legislative or executive branches.

Article 112: Criminal Suits

Only the Department of Public Prosecution has the right to file criminal suits.

Article 113: Guarantor of Independence

The King is the guarantor of the independence of the Judiciary. The Supreme Council of the Magistracy assists the King in this matter.

Article 114: Disciplinary Action

Judges may not be dismissed. The Supreme Council of the Magistracy takes disciplinary actions against any delinquent judges.

Article 115: Supreme Council of the Magistracy

1. The Supreme Council of the Magistracy is established by an organic law which determines its composition and functions.

2. The Supreme Council of the Magistracy is chaired by the King. The King may appoint a representative to chair the Supreme Council of the Magistracy.

3. The Supreme Council of the Magistracy makes proposals to the King on the appointment of judges and prosecutors to all courts.

4. The Supreme Council of the Magistracy meets under the chairmanship of the President of the Supreme Court or the General Prosecutor of the Supreme Court to decide on disciplinary actions against the judges or prosecutors.

Article 116: Status Laws

The statuses of judges and prosecutors and the functioning of the judiciary are defined in separate laws.