Ministry to amend 4 legal codes to address digital age challenges

 


The Ministry of Justice in Cambodia has announced plans to amend four fundamental legal codes that have been in operation for over two decades.

The decision comes in response to the evolving needs and advancements in digital technology, aiming to ensure the legal framework remains relevant and effective in the modern age.

The four codes slated for revision include the Civil Code, the Code of Civil Procedure, the Criminal Code, and the Code of Criminal Procedure. This decision was reached during the annual general meeting held from March 27 to 29 to review the performance of the justice sector nationwide in 2023 and to set the Ministry’s priorities for this year. The meeting was attended by over 700 representatives from relevant ministries and institutions.

In a statement released on Monday, the Ministry highlighted the necessity to update the Civil Code and the Code of Civil Procedure to address complexities and gaps in civil law, particularly in light of the digital era. Similarly, the amendments to the Criminal Code and the Code of Criminal Procedure are deemed essential to clarify ambiguous provisions, adapt to current social realities, incorporate new digital technology-related provisions, and review the criminal justice system’s effectiveness in Cambodia.

Chin Malin, spokesman for the Ministry, disclosed that dedicated working groups have been formed to study and propose amendments to the four codes.

“We have a group working on the Criminal Code, the Code of Criminal Procedure, and another group working on the Civil Code and the Code of Civil Procedure. These two groups are studying, researching, and revising the four codes,” he said.

While the revisions have not yet been finalised, priority is being given to the Criminal Code and the Code of Criminal Procedure, with expectations that these amendments may be ready for the Cabinet and parliamentary review by late 2024 or early 2025. The process for amending the Civil Code and the Code of Civil Procedure is expected to follow subsequently.

Commenting on the importance of these amendments, Lam Socheat, executive director of the Institute for Advocacy and Policy (API), emphasised the significance of strengthening Cambodia’s justice sector. He noted that despite the judiciary’s role in resolving disputes, there are persistent challenges, including court congestion and prolonged pre-trial detentions. He urged swift action from the government and relevant stakeholders to address these issues effectively.

“We observe that there are tens of thousands of cases in our country, so it means that tens of thousands of people have experienced the court system. If we only look at land disputes, there are a lot happening all over the country; I do not know how many more years it will take to resolve them?” he said.

He particularly highlighted the need to expedite the resolution of land disputes, advocating for comprehensive land registration to mitigate conflicts. Additionally, Socheat underscored the importance of addressing various social issues, such as gangsterism, traffic accidents, and drug trafficking within the legal framework.

 

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