Friday, March 21, 2008

The Supreme Court

WHERE :

Street 63, Boeng Keing Kong. Phnom Penh . Cambodia.

WHAT :


First Purview
-The Supreme Court is the highest court in Cambodia.
-The Supreme Curt has competence to hear complaints against judgments of the Appeals Court.
-The court specifically focuses only on potential mistaken interpretations of the law but not of facts.

Second Purview
- The court may also hear a case in joint groups of the judges. The purpose of the joint group is to consider at the same time both potential mistaken interpretations of the law and the facts of the case.
- The Supreme Court also is also responsible for reviewing any previous cases in which new evidence has emerged.
- The Supreme Court considers a case on the question of law, legality or constitutionality of an act of any of the other branches of the government. The Supreme Court has the final decision of all cases decided by the lower courts. It has power of review to act upon other branches of government. If the legality of constitutionality is in question it has the power to review and decide the constitutionality of any agreement , treaties , contracts , entered into by the executive department with foreigner countries .


WHO:


Similar to the lower court, in Supreme Court there are the Plaintiff and their lawyer, defendant and their lawyer, police officers who escort the defendant in the court room, the audience, and especially the magistrates, prosecutors, and clerks.

In more detail, there are 5 to 9 judges, using 5 judges for the 1st grievance complaint and using 9 judges for 2nd grievance complaints. Among these judges there is the Chief Judge. There are also deputy chief judges.

For prosecutor, there is a general prosecutor and a deputy general prosecutor. Their job is to charge someone with a crime in a court. Finally there is also a clerk whose job is to record the proceedings.

HOW:
There are three possible ways for sending a complaint to the court. The first way is to submit it to the Appeals court, secondly directly to the Supreme Court, or finally through the post office.

After the court receives the application for review from the Appeal court the plaintiff has 2 months after opened-injection (the case in which the plaintiff is present in court during the appeal court’s decision) and 2 and a half months after a closed-injection decision (in which the plaintiff was tried in abstentia and as such was not present at the Appeals Court) in which to prepare and submit their brief.

The secretary have to inform immediately those who have to appear to the court at least 20 days in advance. The plaintiff then has to prepare their brief to the chief judge. The chief judge has to inform that brief to the other party within 20 days.

If both parties do not follow these rules, the case shall be repealed.

The decision of the Supreme Court is final, there is not more chance for review unless new evidence emerges.

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