Article 1: Purpose
This law has a purpose to promote effectiveness of all forms of service and strengthen good
governance and rule oflaw in leadership and state governance as well as to maintain integrity and justice which is fundamental for social development and poverty reduction.
Article 2: Objective
This law has an objective to combat corruption through education, prevention, and law enforcement with public participation and support and international cooperation.
Article 3: Scope
This law is applicable to all forms of corruption in all sections and at all levels throughout the Kingdom of Cambodia, which occurs after the law comes into effect.
Article 4: Definition
The technical terms in this law are as follow:
1. Corruption offense refers to criminal offense stated in Chapter 6 of this law.
2. Public official shall mean:
a. Any person holding office in legislative, executive institutions, or judicial
institution, who is appointed by legal letter, whether permanent or temporary, whether paid or unpaid, regardless of his or her status or age.
b. Other persons holding a public office, including public agency or public enterprise as well as other public institutions as stated in the law of the Kingdom of
Cambodia.
3. Foreign Public Official shall mean any person holding a legislative, executive, or judicial office of a foreign country, whether appointed or elected; and any foreigner exercising
a public function for a foreign country, including for a public agency or public enterprise.
4. Official of a Public International Organization shall mean an international servant or any person who is authorized by such an organization to act on behalf of that
organization.
5. Citizen vested with public office through election shall mean a member of the Senate,
National Assembly, Municipal Council, Provincial Council, City Council, and District Council, Khan Council and members of Sangkat/Commune Councils as well as citizen
vested with a public office through election for the performance of other public functions.
6. Judge shall mean trial judge and investigation judge.
7. Legal Person shall mean a group of persons or foundation with juridical personality and is the subject of rights and obligation.
8. Civil Society shall mean community or group of persons created for the sake of protecting the economic, socio economic, political, science, cultural, and religious benefits, namely association, NGOs and political party.
9. Benefits shall mean:
a. any gift, loan, fee, reward or commission, which is not legally permitted, in cash or any valuable objects or other property of any description.
b. Any job, position, function or any agreement or any contract;
c. Any payment, exemption, discharge, or liquidation of any loan, obligation or
liability, whether in whole or in part;
d. Any other service or favor, including protection against any penalty of any action
or proceedings of a civil or criminal punishment though the punishment is already
defined or not.
e. The exercise or forbearance from the exercise of any rights, any power or duty; and,
f. Any offer or promise of any advantage, whether conditional or unconditional, as defined within the spirit of the preceding paragraphs a, b, c, d and e.
10. Gift shall mean any property or service given to or for the benefit of a person, that is
not regarded as an agreement and given as a gift in accordance with custom or
tradition.
11. Conflict of Interest shall mean an interest in form of cash, political interest, interest for family or personal interest, which may influence or appear to influence any person's
performance of his or her official duty.
12. Property shall mean assets of every kind, movable or immovable, tangible or intangible, and legal documents or instruments evidencing title to or interest in such assets.
13. Freezing shall mean temporarily prohibiting the transfer, conversion, disposition or
movement of property, or temporarily assuming custody or control of property on the
basis of an order issued by a court.
14. Seizure shall mean temporarily confiscating any property on the basis of an order
issued by a court.
15. Proceeds of Corruption shall mean any property derived from or obtained, directly orindirectly, through the commission of corruption act.
16. Emolument shall mean monetary proceeds derived from office, rank, employment or labor, including salary, fees, and other compensation.
17. Attempt in a felony or misdemeanor shall be punishable when the following
conditions are fulfilled:
a. The perpetrator commenced to commit the offense meaning that the perpetrator has acted with direct intention to commit the offense; and
b. The perpetrator does not stop his or her commission of the crime voluntarily but
the continuation of crime commission was obstructed (interrupted) by influence of
the circumstances out of his or her willingness.
For any preparation to commit an offence without a direct intention is not a commencement to commit an offence.
18. Initiator shall mean any person who:
a. Provides guide to commit felony or misdemeanor.
b. Facilitates corruption by giving, promising, threatening, inciting, inducing or abusing his or her own power or authority.
19. Accomplice shall mean any person who has intentionally facilitated an attempt or commission of a crime of corruption through his or her assistance or support;
20. Original Anti-Corruption Unit shall mean the Anti-Corruption Unit was created under sub degree Nº 84 (OR NOR KROR BOR KOR) issued on 22 August 2006.