Brief history of the establishment of the Supreme Court and the Supreme Court Prosecutor’s Office

Cambodia was plunged into a major disaster during the Democratic Kampuchea regime from 7 April 1975 to 6 January 1979, commonly known to the Cambodian people as the “Pol Pot regime,” during which, within three years of this regime, everything was completely destroyed, including the judicial system. After the liberation on 7 January 1979, Cambodia began to rebuild its country from scratch. In 1982, when Cambodia was called the People’s Republic of Kampuchea, it established the provincial and municipal people’s courts, which was the one-tiered court system. The Supreme Court and the Supreme Court Prosecutor’s Office were only established under the Law on the Establishment of the Supreme People’s Court and the Supreme Court Prosecutor’s Office, which was promulgated by Decree No. 28 dated 30 July 1985. Subsequently, in 1987, there was another law related to the Supreme Court, namely Decree-Law No. 34 D.L. on the Appointment and Activities of the Supreme People’s Court and the Supreme Court Prosecutor’s Office.

Many Articles of the three laws above, which concern the Supreme Court and the Supreme Court Prosecutor's Office, have been repealed by later laws and other laws, especially those related to procedural matters, as they were replaced by the 2007 Code of Criminal Procedure and the 2006 Code of Civil Procedure, while the organizational structure remains the same. In 2014, the Law on the Organization of the Courts, the Law on the Organization and Functioning of the Supreme Council of the Magistracy, and the Law on the Status of Judges and Prosecutors were promulgated, which are a profound reform of the justice system to strengthen the rule of law, democracy, the protection of human rights, the independence and impartiality of the judicial system, and prepare to establish specialized courts in each court of first instance and specialized chambers in the Court of Appeal and the Supreme Court for cases of each specialty, and to establish the General Secretariat of Judicial Administration for the Court of Appeal and the Supreme Court and the Secretariat of Judicial Administration for each court of first instance.