CAMBODIA PENAL CODE 2009 (EXCERPTS)

BRIBES AND RELATED OFFENSES

(Unofficial Translation)
Article 278
Bribes Taking by an Employee
The acts committed by an employee to solicit or accept a gift, a present, a promise or any benefit
to perform or not perform his/her duty without the knowledge of the employer and without his/her
consent, is punishable for an imprisonment of between 6 (six) months and 2 (two) years and a fine
of 1,000,000.00 (one million) Riels and 4,000,000.00 (four million) Riels.

Article 279
Bribes Giving to an Employee
Any person who hands over an employee any gift, present, make a promise to him/her or provide
him/her with any benefit for the latter to perform or to abstain from performing his/her duty, without
the knowledge of the employer and without his/her consent, is punishable for an imprisonment of
between 6 (six) months and 2 (two) years and a fine of between 1,000,000.00 (one million) Riels
and 4,000,000.00 (four million) Riels.

Article 280
Bribes Taking by an Individual such as Governor
1. If a person specified in Paragraph 1 and 2 of Article 395 (Breach of Special Trust by a
Governor or another person) or an inspector received profit as properties or demanded or is
promised to received benefits from illegal assistance, he/she is punished to imprisonment of
between 5(five) and 10 (ten) years;
2. Provision of Paragraph 1 above is also applicable with the person who provides benefits
specified in Paragraph 1 above or requests to provide or promise to provide the benefits;
3. Benefits as properties specified in Paragraph 1 will be confiscated. If they can not be
confiscated in whole or in any part, the missing parts are to be paidin monetary amount.

Article 283
Criminal Responsibilities of Legal Entities
Legal Entities may be pronounced to be criminally responsible according to conditions of article 42
(Criminal Responsibilities of Legal Entities) for offenses provided in Article 279 (Bribe giving to
Employee).

Legal Entities are punished to monetary fine from 5,000,000.00 (five million) Riels to 20,000,000.00
(twenty million) Riels and one or more additional penalties as follow:
1. Dissolution according to modalities determined by the Article 170 (Dissolution and Liquidation
of Legal Entities;
2. Placement under the court surveillance according to the modalities determined by the Article
171 (Placement under the Court Surveillance) ;
3. Prohibition against operating one or more activities according to the modalities determined by
the Article 172 (Prohibition from Operating Activities) ;
4. Expulsion from public procurement according to the modalities determined in the Article 173
(Expulsion from Public Markets);
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5. Prohibition against launching public campaign for fund saving according to the modalities
determined by the Article 174 (Prohibition against Public Campaign for Fund Saving) ;
6. Confiscation of objects or funds which were intended to commit offences and confiscation of
Incomes and Properties earned from offences according to modalities determined in Article
178 (Confiscation of Ownership, Sale and Destruction of Confiscated Objects) and Article 179
(Confiscation and Rights of the Third Party) ;
7. Posting decision on punishment according to modalities determined in Article 180 (Posting
Decision);
8. Publication of decision on punishment on newspapers or broadcasting by all means of audio
visual communications according to modalities determined in Article 181 (Broadcasting
Decision by all means of Audio-Visual Communications).

CORRUPTION OF JUDGE
Article 517
Bribes Taking by a Judge
It is punishable by an imprisonment from 7 (seven) to 15 (fifteen) years, for the act of any judge
who, without any right, solicits or accepts either directly or indirectly any donation, present, promise
or any interest:
1. Fulfil any act in his/her function;
2. Or not fulfil any act in his/ her function.

Article 518
Bribes Giving to a Judge
The punishment is as the same conditions as provided in Article 517 above.

Article 519
Criminal Responsibilities of the Legal Entities
Legal Entities may be pronounced to be criminally responsible according to conditions of Article 42
(Criminal Responsibilities of Legal Entities) for offenses provide in Article 518 (Bribe Giving to
Judge).
Legal Entities are punished to monetary fine from 10,000,000.00 (ten million) Riels to
50,000,000.00 (fifty million) Riels and one or more additional penalties as contained in Articles 170,
171, 172, 173, 174, 178, 179, 180 and 181 respectively as contained in Article 283 above.

INFRINGEMENT ON ACTIVITIES OF THE COURT

Article 547
Bribe Taking by a Witness to Produce False Testimonies
It is punishable by an imprisonment from 5 (five) years to 10 (ten) years for the act of any witness
who directly or indirectly solicit or accept donation, present, promise or any interest in order:
1. Not to testify as witness;
2. To provide false testimony.

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Article 548
Bribe Giving to a Witness
It is punishable by an imprisonment from 5 (five) years to 10 (ten) years any person who gives
directly or indirectly donation, present, promise or any interest to a witness in order as contained in
Article 547-1 and 2 above.

Article 553
Bribe Taking by an Interpreter/Translator
It is punishable by an imprisonment from 5 (five) years to 10 (ten) years for the act of any
interpreter/translator who directly or indirectly solicits or accepts donation, present, promise or any
interest in order to pervert the substance of the words or the translation of the document.

Article 554
Bribe Giving to an Interpreter/Translator
It is punishable by an imprisonment as the same condition contained in Article 553 above.

Article 555
Bribe Taking by an Expert
It is punishable by an imprisonment from 5 (five) years to 10 (ten) years any person who gives
directly or indirectly donation, gift, promise or any interest in order to falsify the written report or oral
statement on any data or result of a forensic examination,

Article 556
Bribe Giving to an Expert
It is punishable by imprisonment the expert in the same condition contained in Article 555 above.

Article 571
Criminal Responsibilities of the Legal Entities
Legal entities may be pronounced to be criminally responsible according to conditions of Article
42(Criminal Responsibilities of Legal Entities), for offences provided in Article 548 (Bribe Giving to
a Witness), Article 554 (Bribe Giving to an Interpreter/Translator) and Article 556 (Bribe Giving to
an Expert) of this code.
Legal entities are punished to monetary fine from 20,000,000.00 (twenty million) Riels to
200,000,000.00 (two hundred million) Riels and one or more additional penalties as contained in
Articles 170, 171, 172, 173, 174,178,179,180 and 181 (See Article283 above..).

EXTORTION
Article 592
Definition of Extortion
Extortion is an act committed by a civil servant or by a citizen entrusted with public mandates
through an election to:
1. Demand or receive as entitlement, as tax, as excise in the amount which he/she knows is not
due or exceed the exact due amount to be paid;

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2. Grant, under any form and under any motives whatsoever, an exemption or any immunkity
from paying taxes or excises which he/she knows that it is illegal.

Article 593
Penalties to be Imposed
Extortion (Misappropriation of Public Fund) is punishable by an imprisonment from 2 (two) years to
5 (five) years and a fine from 4,000,000.00 (four million) Riels to 10,000,000.00 (ten million) Riels.

ACCEPTING OF BRIBES
Article 594
Accepting Bribes
It is punishable by an imprisonment from 7 (seven) years to 15 (fifteen) years for any act
committed by a civil servant or a citizen entrusted with public mandates through an election to
directly or indirectly solicit or accept without authorization the donation, gift, promise, or any
interest in order :
1. To perform any act of his/her functions to facilitate anything using his/her functions;
2. Not to perform any act of his/her functions to facilitate anything using his/her functions.

PASSIVE INFLUENTIAL DEAL

Article 595
Definition of Influential Deal
Passive influential deal is an act committed by a civil servant or a citizen entrusted with public
mandates through an election to directly or indirectly solicit or accept without authorization the
donation, gift, promise, or any interest in order to obtain from a State Institution due to real or
assumed influence a job, public procurement, an insignia or other preferences.

Article 596
Penalties to be Imposed
Passive influential deal is punishable by an imprisonment from 5 (five) years to 10 (ten) years.

UNLAWFUL EXPLOITATION
Article 597
Definition of Unlawful Exploitation
Unlawful exploitation is an act committed by a civil servant or a citizen entrusted with public
mandates through an election to directly or indirectly accept or retain any interest in :
1. An enterprise in which he/she has, in part or in whole, the responsibility of supervision ,
administration or liquidation;
2. In an operation in which he/she has, in part or in whole, the responsibility of supervision or the
payment.

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Article 598
Penalties to be Imposed
Unlawful exploitation is punishable by an imprisonment from 2 (two) years to 5 (five) years and a
fine from 4,000,000.00 (four million) Riels to 10,000,000.00 (ten million) Riels.

FAVOURITISM
Article 599
Definition of Favouritism
Favouritism is an act committed by a civil servant or a citizen entrusted with public mandates
through an election to unlawfully give advantages to other persons while making public
procurement.

Article 600
Penalties to be Imposed
Favouritism is punishable by an imprisonment from 1 (one) year to 2 (two) years and a fine from
2,000,000.00 (two million) Riels to 4,000,000.00 (four million) Riels.

DELIVERY OF BRIBES
Article 605
Delivery of Bribes
It is punishable by an imprisonment from 7 (seven) years to 15 (fifteen) years for an unauthorized
person who directly or indirectly delivers present or gift, make promise or give interests to a civil
servant or a citizen entrusted with public mandates through an election so that the latter:
1. Perform any act of his/her functions or facilitate anything using his/her functions;
2, Not to perform any act of his/her functions or facilitate anything using his/her functions.

ACTIVE INFLUENTIAL DEAL

Article 631
Active Influential Deal
It is punishable by an imprisonment from 2 (two) years to 5 (five) years and a fine from
4,000,000.00 (four million) Riels to 10,000,000.00 (ten million) Riels for an unauthorized person
who directly or indirectly delivers present or gift, makes promise or give interests to a civil servant
or a citizen or a citizen entrusted with public mandates through an election in order to obtain from a
State Institution, due to real or assumed influence of that civil servant or citizen, a job, public
procurement, a distinction or other preferences.

FORGERY OF DOCUMENTATIONS
Article 637
Bribes Committed by an Authorized Person to Issue Forged Documents
It is punishable by an imprisonment from 2 (two) years to 5 (five) years and a fine from
4,000,000.00 (four million) Riels to 10,000,000.00 (ten million) Riels for any act committed during
the pursuance of one’s profession to solicit or accept any donation, gift, present, promise or any
interest in order to issue an attestation or a certificate describing a state of affairs which is actually
not true.
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Article 638
Bribes Giving to an Authorized Person to Issue Forged Document
It is punishable by an imprisonment from 1 (one) year to 3 (three) years and a fine from
2,000,000.00 (two million) Riels to 6,000,000.00 (six million) Riels for any act of giving any
donation, gift, present, promise or any interest to any person to issue an attestation or a certificate
describing a state of affairs which is actually not true.

Article 639
Bribes Committed by a Member of a Health Organization to Issue a Forged Certificate
It is punishable by an imprisonment from 2 (two) years to 5 (five) years and a fine from
4,000,000.00 (four million) Riels to 10,000,000.00 (ten million) Riels for the act of any medical staff
or a person who is a member of a Health Organization to illicit or accept any donation, gift, present,
promise or any interest in order to issue an attestation or a certificate describing a state of affairs
which is actually not true.

Article 640
Bribes Giving to a Member of a Health Organization to issue a Forged Certificate
It is punishable by an imprisonment from 1 (0ne) year to 3 (three) years and a fine from
2,000,000.00 (two million) Riels to 6,000,000.00 (six million) Riels for any act of giving any
donation, gift, present, promise or any interest to any medical staff or a person who is a member of
a health committee in order to issue an attestation or a certificate describing a state of affairs which
is actually not true.

Article 670
Criminal Responsibilities of Legal Entities
Legal entities may be pronounced to be criminally responsible according to conditions of Article 42
(Criminal Responsibilities of Legal Entities) for offences described in Article 638 (Bribes Giving to
an Authorized Person to Issue Forged Document) and Article 640 (Bribes Giving to a Member of a
Health Organization to issue a Forged Certificate) of this Code.
Legal entities are punished to monetary fine from 10,000,000.00 (ten million) Riels to
100,000,000.00 (one hundred million) Riels and one or more additional penalties as contained in
Articles 170, 171, 172, 173, 174,178,179,180 and 181 (See Article 283 above..).