What?
This is the lowest trial court. The jurisdiction of a provincial court covers the whole geographical area of the province in which the court is located. The municipal court has jurisdiction over a municipality.In principle, the municipal or provincial court is composed of two departments: Civil and Criminal. However, in practice, as the number of judges is very limited, there is still no clear separation between the departments. A judge may handle both civil and criminal cases.
Who?
Provincial and municipal courts, when proceeding hearings, shall be headed by a judge, complemented by a prosecutor or a deputy prosecutor and a court clerk.
This is the lowest trial court. The jurisdiction of a provincial court covers the whole geographical area of the province in which the court is located. The municipal court has jurisdiction over a municipality.In principle, the municipal or provincial court is composed of two departments: Civil and Criminal. However, in practice, as the number of judges is very limited, there is still no clear separation between the departments. A judge may handle both civil and criminal cases.
Who?
Provincial and municipal courts, when proceeding hearings, shall be headed by a judge, complemented by a prosecutor or a deputy prosecutor and a court clerk.
The Civil Department consists of judges and clerks and an ad hoc Judgment Executor. The function of the judge is to reconcile parties, and conduct investigations and trials in civil, commercial, administrative, and labor matters. Judges may also conduct investigations in criminal cases. Clerks are involved in making records, filing and service of process. The judgment executor has no permanent status. In some jurisdictions, a judge or a clerk under the supervision of the judge can be appointed as judgment executor by the President of the court when there is need to enforce a civil judgment.
The Criminal Department consists of judges and clerks. The judge handles the investigation of criminal offenses at the request of the Prosecution Office and/or hears cases in which he or she has not been involved in the investigation process. The same judge, when performing an investigation, is called “investigating judge” and “trial judge” when conducting a trial. Clerks assist the judge in making records, filing, and service of proceedings.
Where?
Provincial and municipal courts shall be located in the provinces and municipalities; therefore, there shall be 20 provincial courts and 4 municipal courts. However, there practically are only 21 courts—19 provincial courts: Battambong, Banteay Mean Chey, Kampot, Kandal, Koh Kong, Kampong Cham, Kampong Chhnang, Kampong Speu, Kampong Thom, Kartie, Mondol Kiri, Pursat, Preah Vihear, Prey Veng, Rattanak Kiri, Siem Reap, Stoeng Treng, Svay Rieng, and Takeo; 2 municipal courts: Phnom Penh and Sihanouk Ville. There is a possibility that two additional municipal courts may be established in Kep and Pailin cities.
Where?
Provincial and municipal courts shall be located in the provinces and municipalities; therefore, there shall be 20 provincial courts and 4 municipal courts. However, there practically are only 21 courts—19 provincial courts: Battambong, Banteay Mean Chey, Kampot, Kandal, Koh Kong, Kampong Cham, Kampong Chhnang, Kampong Speu, Kampong Thom, Kartie, Mondol Kiri, Pursat, Preah Vihear, Prey Veng, Rattanak Kiri, Siem Reap, Stoeng Treng, Svay Rieng, and Takeo; 2 municipal courts: Phnom Penh and Sihanouk Ville. There is a possibility that two additional municipal courts may be established in Kep and Pailin cities.
The address of the Phnom Penh Municipal Court: Sangkat Viel Vong, Khan 7 Makara, Phnom Penh.
How?
In the principle, the municipal or provincial court is composed of two departments: Civil and Criminal. However, in practice, as the number of judges is very limited, there is still no clear separation between the departments. A judge may handle both civil and criminal cases.
How?
In the principle, the municipal or provincial court is composed of two departments: Civil and Criminal. However, in practice, as the number of judges is very limited, there is still no clear separation between the departments. A judge may handle both civil and criminal cases.
The Civil Department consists of judges and clerks and an ad hoc Judgment Executor (montrei anuwat salkram). The function of the judge is to reconcile parties, and conduct investigation and trials in civil, commercial, administrative, and labor matters. Judges may also conduct investigations in criminal cases. Clerks are involved in making records, filling and service of process. A judgment executor has no permanent status. In some jurisdictions, a judge or a clerk under the supervision of the judge can be appointed as judgment executor by the President of the Court when there is need to enforce a civil judgment.
The Criminal Department consists of judges and clerks. The judge handles the investigation of criminal offenses at the request of the Prosecution Office and/or hears cases in which he or she has not been involved in the investigation process. The same judge, when performing and investigation, is called ‘investigating judge,’ and ‘trial judge’ when conducting a trial. Clerks assist to the judge in making records, filling, and service of process.
Civil cases are handled differently from criminal cases in some respects, as follows:
Civil cases are handled differently from criminal cases in some respects, as follows:
Civil Cases:-Interested parties, victims, or authorized representatives may be plaintiffs.
-Party is entitled to claim damages.
-Complaint is lodged with the President of the Court.
-Reconciliation is possible.
-Court fee must be paid.
-Rights of parties are equal.
-Evidence collection and presentation is the responsibility of the parties, but they can request judges to investigate.
-All parties or their lawyers can present evidence.
-Measures to record and sequester property, but no measures allowed to detain the defendant.
-Imprisonment for debts may be ordered.
-No incompatibility between reconciling, inquiring, and trial judges.
Criminal Cases:
-The prosecutor is the principal party.
-The victim or authorized representative is entitled to claim compensation for damages and request punishment.
-Criminal complaint is lodged with the prosecutor.
-No reconciliation.
-No court fee.
-Special measures taken to protect the rights of the accused.
-The prosecutor and the investigating judge collect evidence.
-The civil party and the accused or their respective lawyers can present, respectively, evidence for the prosecution and evidence for the defense.
-Measures may be taken to detain or temporarily release the accused.
-The accused may be imprisoned for failure to pay pecuniary compensation.-Incompatibility of the functions of the investigating judges and trial judges.
Appeals from these courts will be handled by the Appellate and Supreme Courts.
