Project News

Picture: Previous dissemination seminar on the draft of Prakas on the Court Deposit

On 9 December 2009, His Excellency Ang Vong Vathana, Minister of Justice, signed on the Prakas on the Court Deposit Procedure This Ministerial Ordinance was applied one month after the signing day. The first draft of Prakas was prepared by the Japanese supporting group on the Code of Civil Procedure of Cambodia during the Phase 2 period, and then it was discussed and finalized in the Committee meeting.

The Prakas stipulated on the court deposit procedure of the money or negotiable securities according to the Code of Civil Procedure. The Code of Civil Procedure requires the system of the court deposit in case that the court order a plaintiff who does not have a domicile in Cambodia to deposit the security, or the court orders to the creditors to deposit before the court stipulate the ruling of preservative relief, or the debtor deposits in order to have provisional attachment already executed set aside. However there was no law on court deposit procedure in July 2007 when the Code of Civil Procedure was started to be applied. Thus, there has been a risk that the non-existence of the system could prejudice the party’s benefit unjustly. Since the Prakas was issued, it is expected the civil procedures further emphasizing on the party’s benefit will be implemented from now on.

Ministry of Justice will hold a seminar on the Prakas for the court clerks in charge of court deposit. The seminar will be the second one following the previous one which was held in February 2009 for the presidents of the courts of first instance and chief of the court clerks of each court. The questions and comments from the participants in the previous seminar were utilized in the discussion to finalize the draft. In the next seminar, the Ministry officials are going to provide lectures again and have now initiated to hold a preparatory meeting every week with long-term experts.

The file of the Prakas and its commentary can be downloaded on this website.