អង្គភាពប្រឆាំងអំពើពុករលួយ​ (អ.ប.ព.)

Article 32: Corruption offenses stipulated in the Criminal Code

In addition to the offenses stipulated in this law, the offenses in article 278 (bribe taking by employees), article 279 (bribe offered to employees), article 280 (bribe taking by governor), article 283 (Criminal responsibility by legal entity), article 387 (improper bidding), article 404 (definition of money laundering), article 405 (sentence to be s erved), article 406 (aggravating circumstance), article 409 (Criminal responsibility by legal entity), article 517 (bribe taking by judges), article 518 (bribe offered to judges), article 519 (Criminal responsibility by legal entity), article 547 (bribe taking by witnesses for false testimony), article 548 (bribe offered to witnesses), article 553 (bribe taking by interpreter), article 554 (bribe offered to interpreter), article 555 (bribe taking by experts), article 556 (bribe offered to experts), article 559 (criminal responsibility by legal entity) , article 592 (definition of misappropriation), article 593 (sentence to be served) , article 594 (bribe taking) , article 595 (definition of passive business influence) ,
article 597 (definition of embezzlement) , article 598 (sentence to be served), article 599 (definition of favoritism), article 600 (sentence to be served) , article 601 (intentional destruction and dishonest embezzlement) , article 605 (bribe offering) , article 606 (active business influence) , article 607 (extortion) , article 608 (destruction and embezzlement), article 625 (criminal responsibility by legal entity) , article 637 (bribe offered to person who has
competence to issue false certificate) , article 639 (bribe taking by member of professional board of medicine to issue false certificate) , article 640 (bribe offered to member of professional board of medicine to issue false certificate) , article 641 (execution of misdemeanor of articles 639 and 640 for all medical professions) , article 644 (criminal responsibility by legal entity), of the Criminal Code are corruption offenses to be implemented
as part of this law.

Article 33: Bribetaking by Foreign Public Officials or Officials of Public International Organizations
Foreign public officials or officials of public international organizations shall be sentenced from 7 years to 15 years for unrightfully asking for, demanding or accepting, directly or indirectly, gift, donation, promise or any benefit in order to:
1. Either perform his/her duty or be facilitated by his or her function; Or
2. Refrain from performing his or her duty or being facilitated by his or her function.
Article 34: Bribes offered to Foreign Public Officials or Officials of Public International Organization
Any person shall be sentenced from five (5) to ten (10) years if he/she unrightfully, directly or indirectly, offers gift or donation or promise or any benefit to foreign public officials or officials of public international organization, in order that the officials:
1. Either perform his/her duty or be facilitated by his or her function; Or
2. Refrain from performing his or her duty or being facilitated by his or her function.
Article 35: Abuse of Power
An act committed by public servants or citizens invested with public office through election, in the exercise of his or he duty or in the course of exercising his or her duty such as taking action to hinder law enforcement in order to take any illegal advantage, shall be punishable from two (2) to five (5) years in prison and fine from four million Riel (4,000,000) to ten million Riel (10,000,000). This offence shall be punishable by imprisonment from five (5) to ten (10) years when such offence goes into effect.
Article 36: Illicit Enrichment
Illicit enrichment is an increase in the wealth of an individual and the individual cannot provide reasonable explanation of its increase in comparison to his or her legal income. After the first assets and liabilities declaration, every person as described in article 17 (people required to declare assets and debt) and article 19 (other people required to declare assets and debt) of this law, who cannot provide a reasonable explanation of the wealth increase in comparison to his or her legal income, shall face confiscation of the unexplainable property. All of the confiscated property will become state property. If the unexplainable wealth increase is connected to any corruption offense as stated in this law, the wealth owner shall be punished in accordance with this law.
Article 37: Corruption proceeds offences
Corruption proceeds is an act to conceal, keep or transport any kinds of goods with knowledge that those are corruption proceeds as mentioned in this law. Acts that can also be counted as corruption proceeds are as follows:
1. Act as intermediary for transporting items with the knowledge that they are corruption proceeds; or
2. The act that benefits from corruption proceeds with clear knowledge. Act that benefits from corruption proceeds shall be punishable by imprisonment from two (2) to five (5) years and fine from four million Riel (4,000,000) to ten million Riel (10,000,000).Act benefits from corruption proceeds shall be punishable by imprisonment from five (5) to ten (10) if the offences are committed:
1. Habitually
2. By the comfort/convenience results from professional duty
3. By organized group
Article 38: Punishment for not declaring assets and liabilities
Any person who does not declare their assets and liabilities or who improperly declares his or her assets in accordance with provisions stated in article 17 (people required to declare assets and debt), article 18 (regime of assets and debt declaration) and article 19 (other people required to declare assets and debt) of this law, shall be sentenced from one (1) month to one (1) year in prison and fined from one hundred thousand Riel (1,00,000) to two million Riel (2,000,000), and is forced to make asset declaration to Anti-Corruption Unit. In case of resisting
the declaration, double punishment shall be applied.The Chairman of the Anti-Corruption Unit shall inform leaders of the civil society in writing before this article is enforced.
Article 39: Leakage of Confidential Information on Corruption
Any person who leaks the confidential information on corruption shall be sentenced from one (1) to five (5) years in prison.The absolute confidentiality cannot be an obstacle to the right of self-defense.

Article 40: Obstruction or Interference offenses in the work of the Anti-Corruption Unit
Public servants, soldiers, national police or citizens invested with public authority through election, civil society employees, foreign public officials, or officials of public international origination who make threat, cause obstruction or interfere in the performance of duty by the officials of Anti-Corruption Unit shall be sentenced from two (2) to five (5) years in prison and fined from four million Riel (4,000,000) to ten million Riel (10,000,000).
Article 41: Defamation and disinformation Defamation or disinformation complaints on corruption lodged with the Anti-corruption Unit or judges, which lead to useless inquiry, shall be punishable by imprisonment from one (1) month to six (6) months and fine from one million Riel (1000,000) to ten million Riel (10,000,000).
Article 42: Abuse of the assets which are the subject of seizure Any unauthorized person who transfers, assigns or changes the assets which are subject to confiscation in violation of provisions stated in article 30 (seizure) of this law, shall be sentenced from one (1) year to five (5) years in prison and fined from two (2) million riels to ten
(10) million riels.
Article 43: Petty corruption offences and punishment
Any person who commits petty corruption stipulated in this law shall be sentenced from seven (7) days to five (5) years, and the petty corruption shall meet the following criteria:
- Offences committed for daily survival
- Offences committed in petty manner
- Offences which is not harmful to society
- Evaluation/description by the Anti-corruption Unit as petty corruption offences.
Article 44: Attempt
Attempt to commit a misdemeanor as stated in article 278 (bribe taking by employees), article 279 (bribe offered to employees) article 387 (improper bidding), article 404 (definition of money laundry), article 405 (sentence to be served), article 406 (aggravating circumstance), article 592 (definition of misappropriation), article 593 (sentence to be served), article 597 (definition of embezzlement), article 598 (sentence to be served), article 599 (definition of favoritism), article 600 (sentence to be served) article 638 (bribe offered to person who has competence to issue a fake document), article 640 (bribe offered to member of medical board to issue a fake document) of the criminal code and article 35 (power abuse) and article 40 (Obstruction or Interference in the work of the Anti-Corruption Unit) of this law, shall face the same punishment as a misdemeanor.

Article 45: Accessory Penalty applicable to certain Corruption Offences
In addition to felony or misdemeanor punishment stated in this law, the accessory penalty may be as follows:
1. Deprivation of certain civic rights, either permanently or for a certain period, not exceeding five (5) years.
2. Disbarring from profession, either permanently or for a certain period, not exceeding five (5) years when this offence is committed in the conduct of his or her profession or during the conduct of his or her profession.
3. Prohibition of staying for a period not exceeding ten (10) years for a felony and not exceeding five (5) years for misdemeanor offence.
4. Baring of the entrance and staying of convicted foreigner in the territory of the Kingdom of Cambodia, either permanently or for a period not exceeding five (5) years.
5. Confiscation of instrument, material or any objects which are used to commit offence or aimed to commit offence.
6. Confiscation of objects or funds that are subject of committing offence.
7. Confiscation of capital or property which derives from offence.
8. Confiscation of proceeds, material and furniture in the building where an offence is committed.
9. Confiscation of a vehicle or vehicles of the convict.
10. Prohibition of the possession or the carrying of explosives either permanently or for a period not exceeding five (5) years.
11. Closure of the institution which being used to organize or commit offences either permanently or for a period not exceeding five (5).
12. Prohibition of the business establishment open to the public or used by the public, either permanently or for a period not exceeding five (5) years.
13. Expulsion from public procurement.
14. Posting of the conviction judgment for a period of not exceeding two (2) months.
15. Advertisement of the conviction judgment on print media.
16. Announcement of the conviction judgment on non-print media outlets for a period
not exceeding eight (8) days.
Article 46: Accessory Penalty applicable to certain Legal Entities
The legal Entity that commits corruption as stated in article 37 (corruption proceeds offence) of this law shall be subject to a fine of ten million Riel (10,000,000) to one hundred million Riel (100,000,000) and face accessory penalties as follows:
1. Dissolution.
2. Placement under the court ' s watch.
3. Baring of operation of an activity or activities.
4. Expulsion from public procurement.
5. Prohibition on public saving appeal.

6. Prohibition on issuing cheque besides the cheque certified by any banks.
7. Prohibition on issuing payment vouchers.
8. Closure of the institution which being used to organize or commit offences.
9. Prohibition of the business establishment open to the public or used by the public.
10. Confiscation of instrument, material or any objects which are used to commit offence or aimed to commit offence.
11. Confiscation of objects or funds which are subject of committing offence.
12. Confiscation of capital or property that derives from offence.
13. Confiscation of proceeds, material and furniture in building where an offence is committed
14. Posting of conviction judgment.
15. Publication of the conviction judgment on print media or the announcement on non-print media outlets.
Article 47: The Release of Bank Records
Credit entities or financial institutions shall be relieved of responsibility and no criminal complaint will be filed against the leader or trustee of that entity or institution should such operation has been carried out in accordance with the provisions of law, unless otherwise it is found that there is a pre-agreement with the fund owner or transactional operator to forge it.
Article 48: Seizure
When a person is found guilty of corruption, the court shall confiscate all his/her corruption proceeds including property, material, instrument that is derived from corruption act and the proceeds shall be transformed into state property. If the above seized asset is transferred/changed into different property from the original asset nature, this transformed asset will become the subject of seizure at the place where it locates. If the corruption proceeds make more benefits or other advantages, all of these benefits and advantages will be seized as well. If the corruption proceeds disappear or lose value, the court may order the settlement of the proceeds.

Article 49: Repatriation of the proceeds of Corruption
In case assets and corruption proceeds are found kept in foreign states, the competent authority of the kingdom of Cambodia shall take measure to claim that asset and proceeds back to Cambodia through means of international cooperation. The Kingdom of Cambodia shall cooperate with other countries who request to repatriate corruption proceeds that are kept in Cambodia.