Gov't: Kem Sokha is caught on «actual offence»

Tin Sokhavuth



Kem Santepheap, spokesman for the Ministry of Justice, on Monday, told reporters that what Kem Sokha, a well-known opposition leader, said in the alleged video clip was an actual offence or «flagrante delicto» that led to Mr. Sokha's arrest without arrest warrant from the court, and even Mr. Sokha is a lawmaker with parliamentary immunity.

"If we examine the fact that led to Mr. Sokha's arrest, it concerns a conspiracy in which Mr. Sokha is cooperating with foreigner(s) to cause unrests in the country. This conspiracy took place from 1993 to 2013, and it still keep continuing to take place until today," said the spokesman.

According to Mr. Santepheap, following Article 87 and Article 91 of the Cambodian Criminal Procedure Code, his government could arrest Mr. Sokha anytime they want, even at night due to the offence that Mr. Sokha committed is in the category of actual offence.

"Flagrant felonies or flagrant misdemeanors are: offenses are being committed; offenses that have just been committed. Shall also be deemed as flagrant felonies or misdemeanors at the time right after the offense: a suspect is being chased red-handed by the public; a person who is found to have an object, or a scar, or other clear and consistent leads which can be concluded that the person has committed or participated in the act of committing an offense," read Article 86 of the Cambodian Criminal Procedure Code.

"In a flagrant felony or misdemeanor case, every person may arrest the offender and bring him or her to the nearest judicial police officer," read Article 87 of the Cambodian Criminal Procedure Code.

"[..] Judicial police officers may not conduct searches before 6:00 a.m. or after 6:00 p.m., except: in the case as provided for in Article 86 (Definition of Flagrant Felony or Misdemeanor) of this Code; in the case as provided for in Article 88 (Considering As Flagrant Felony or Misdemeanor) of this Code; in the case when there is a call for help from inside the place [..]" read Article 91 of the the Cambodian Criminal Procedure Code.