PAÑÑĀSĀSTRA UNIVERSITY OF CAMBODIA

SILA SAMĀDHI PAÑÑĀ

Comparison of The Criminal Code and Criminal Procedure

Among of the Cambodian laws, Criminal code remains one of the most fundamental law
of the country. Criminal law operates hand and hand with criminal procedural law. Although,
these two laws are the same category, which serve their own position based on using. The
following paragraphs are going to describe some mains points of comparing the Criminal Code
and Criminal Procedure.

Criminal Code is a body of law that pertains to criminal acts or criminal offense. On the
other hand, Criminal procedure is a procedural law that illustrates the process of how to execute
the criminal law. The case has been discussed in criminal law are any conduct that menace,
harm, or endanger property, health, safety of the victims. While, the Criminal Procedure
discusses issues such as specific time limit that regulate how long a suspect can be held in
custody, how long an investigation can last, and the process of criminal defenses, etc. Some
countries have criminal procedural law, but some do not. Criminal Code defines criminal
offenses, degree of offences, elements of offence, trail of suspected persons, fixes penalties and
applicable to convicted to the plaintiff. However, Criminal procedural law plays a key role in
strengthening the implementation of criminal law. During the hearing process, the procedure is
using to identify gather evidence for discussion of a complaint or case. While, at the end Judge is
going to use the Substance law to give the penalties and the punishment to the offender. Criminal
actions are brought by the Prosecutors for the general interests of the society. In contrast
Procedure, Prosecutors initiate criminal proceedings and request the application of the law by
investigating and trial judges. Briefly, The Criminal Code is the Substantive law. While, The
criminal Procedure is a procedural law that decorate the process of how to accomplish the
criminal law.

In conclusion, although the two laws are in the same category, but they have distinct
function that correlate with each other. Criminal Code is the Substantive law which defines and
categorize crimes and penalties, whereas The criminal Procedure is a procedural law that
decorate the process of how to accomplish the criminal law to the offender.

Taught by: Prof. Seng Rithy Course: Criminal Procedure