The Criminal Code creates private offences for both individuals and legal entities alike. The majority of the bribery offences provided for in the Criminal Code target individuals. However, under Article 42, legal entities may be found criminally liable for the actions of their representatives.
The bribery offences targeting individuals are:
- Article 278 (the requesting or accepting of bribes by an employee)
- Article 279 (giving bribes to employees)
- Article 280 (bribery by a director
- Article 281 (attempting to bribe)
- Article 282 (additional penalties for bribery)
- Article 42 (criminal responsibility of legal entities), which provides that legal entities shall be criminally responsible for offences committed on their behalf by their organs or representatives. Specifically, under the Criminal Code, legal entities may be held criminally responsible for violations of Article 279 (giving of bribes to employees).
Both the Criminal Code and the Law on Anti-Corruption apply to the public sector.
Article 30 of the Criminal Code broadly defines “public officials” as: (a) any person appointed by legal instrument either temporarily or permanently, with or without remuneration and, regardless of his or her status or age, works in a legislative, executive or judicial institution; (b) any other person who works in the public service, including public agencies or enterprises or other public institutions within the meaning of the laws of the Kingdom of Cambodia. A holder of public elected office includes senators, members of the National Assembly, municipal councillors of the capital, provincial councillors, city councillors, district or Khan councillors, and commune or Sangkat councillors and any person holding public elected office in any other capacity.
Article 4 of the Law on Anti-Corruption defines public officials as any person holding office in legislative institutions, executive institutions, or judicial institutions, who is appointed by legal letter, whether permanent or temporary, whether paid or unpaid, regardless of his or her status or age. Other persons holding public office, including public agency or public enterprise as well as other public institutions as stated in the law of the Kingdom of Cambodia.
The Law on Anti-Corruption further defines foreign public officials and judges. Foreign public officials are defined in Article 4 as persons 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. Judges are defined as trial judges and investigation judges.
The Criminal Code has extraterritorial effect in cases based on:
- felonies committed against Cambodian nationals
- certain felonies committed against the Kingdom of Cambodia, for example, counterfeiting Cambodian bank notes.