សេចក្តីណែនាំរួម លេខ ០១ កយ.តកក.សណន/២៥ ចុះថ្ងៃទី១២ ខែមីនា ឆ្នាំ២០២៥ របស់ក្រសួងយុត្តិធម៌ និងតុលាការកំពូល ស្តីពីការជូនដំណឹងអំពីសាលក្រម ឬសាលដីកាព្រហ្មទណ្ឌកំបាំងមុខ
Nation Religion King
No: 01 KY.TKK.SNN/25 Supreme Court
Joint Instruction
On
Notification of Verdict or Criminal Default Judgment
According to the decision of the General Assembly to Summarize the Results of the Justice Sector Work Nationwide in 2023 and to Set Priority Work Directions, dated May 2, 2024, and to ensure consistency in the implementation of the procedure of Notification of Verdict or Criminal Default Judgment , in accordance with the content of the decision of the General Assembly to summarize the results of the justice sector work, the Ministry of Justice and the Supreme Court would like to advise the trial courts and the prosecution organizations accompanying the trial courts at all levels as follows:
1. In case where the relevant party refuses to accept the decision or no person is present at the relevant party's residence or person who presents at the relevant party's residence, disagrees to accept the decision, the procedure for notifying the Verdict or Criminal Default Judgment shall be implemented in accordance with Article 488 (Delivery of a Copy of the Decision to the Head of commune or Sangkat) of the Criminal Procedure Code.
2. In cases where the parties involved do not have a place of residence or abode or if the parties involved live outside the national territory, the procedure for notifying the Verdict or Criminal Default Judgment, shall be implemented in accordance with Article 490 (Parties without a known place of residence or abode) of the Criminal Procedure Code if there is clear evidence to support these reasons.
3. In addition to the notification procedure under Articles 488 and 490 of the Criminal Procedure Code above, the Notification of Verdict or Criminal Default Judgment shall be posted on the notice board of the competent trial court and shall be disseminated through the written press or all means of audiovisual communication or the official social media of the trial court. However, the date of notification shall still be calculated in accordance with Articles 488 and 490 of the Criminal Procedure Code. The form of the notification order shall comply with Article 483 (Notes to be Included on the Notification Order) of the Criminal Procedure Code.
To implement this notification mechanism, Municipal Provincial Primary Court and Court of Appeals must be quickly established their own official social media pages, including Facebook Page, Telegram and CoolApp, and must notify the Ministry of Justice and the Supreme Court of their official social media accounts and publicize them to the public.
4. The drafting of the judgment or order shall comply with Article 358 (Notes to be Recorded on the Judgment) and Article 396 (Extension to the Court of Appeal of the Rules Applicable to Primary Court) of the Code of Criminal Procedure, so that the Notification of Verdict or Criminal Default Judgment, is prompt.
5. At the same time, the Ministry of Justice has prepared an official dissemination mechanism through the digital technology system in the justice sector, including the official Facebook page of the Ministry of Justice (ក្រសួងយុត្តិធម៌ Ministry of Justice), the official Telegram (ក្រសួងយុត្តិធម៌- Ministry of Justice), CoolApp, and the official website (https://www.moj.gov.kh) to disseminate information about the Notification of Verdict or Criminal Default Judgment. Therefore, the Municipal Provincial Primary Courts or the Court of Appeal must provide a copy of the Verdict or Criminal Default Judgment and the order to notify the decision to the Ministry of Justice as soon as possible to notify through the official dissemination mechanism according to the above-mentioned digital technology system in the sector of justice.
Having received this joint instruction, please, Your Excellency, the President of the Court of Appeal and the Prosecutor General of the Phnom Penh Court of Appeal and the Regional Court of Appeal, the President of the Primary Court, Prosecutors attached to Municipal Provincial Primary Court, shall be responsible for the implementation and guidance of the judges, prosecutors and relevant actors in accordance with the purpose and spirit of the law in order to increase the effectiveness of criminal justice and strengthen the rule of law in Cambodia.
Wednesday 14 Kert, Month of Phalkun, Year of Roung, Chorsak, B.E.2568
Phnom Penh, 12th March, 2025
Deputy Prime Minister President of Supreme Court
Minister of Ministry of Justice
Koeut Rith Chhiv Keng
