On April 6, Acting Head of State Hun Sen signed a Royal Kram promulgating the anti-technology-scam law. The report says it took effect immediately and comprises five chapters and 24 articles addressing jurisdiction, enforcement, penalties, financial oversight and international cooperation. The law covers offences committed or legally deemed committed in Cambodia, offences committed abroad by or against Cambodian citizens or involving transfers into or out of Cambodia of property suspected to be connected with offences under this law or of the proceeds of such offences, and offences using Cambodia’s banking or financial system.
According to the report, the government may establish a dedicated anti-scam mechanism, with judicial police responsible for prevention, investigation and enforcement coordination, alongside international cooperation. Ordinary technology-based fraud carries two to five years in prison and fines of 200–500 million riel, approximately US$50,000–125,000. Group offending or numerous victims increases this to five to ten years and 500 million–1 billion riel, approximately US$125,000–250,000. Organising or directing a scam centre carries five to ten years and 500 million–1 billion riel; organising or directing linked, dispersed scam premises carries the same five to ten years and fines of 500 million–1 billion riel. Aggravating circumstances including violence, detention or human trafficking carry ten to twenty years and fines of 1–2 billion riel, approximately US$250,000–500,000. Where death results, the penalty is fifteen to thirty years or life imprisonment.
The report also describes two to five years and fines of 200–500 million riel for recruiting or training scam workers, increasing in serious cases to five to ten years and 500 million–1 billion riel. Maliciously collecting another person’s identity or personal-information documents to open, use or create accounts, websites or other means for technology-enabled scams carries one to three years and fines of 100–300 million riel; commission by an organised group carries three to five years and 300–500 million riel, approximately US$75,000–125,000. It says property connected to offences whose lawful origin cannot be demonstrated may lead to money-laundering liability. Judicial police may directly request the Cambodian Financial Intelligence Unit to suspend suspicious transactions for up to 48 hours, seek an account hold from the prosecutor or an account freeze from the court, and request the competent authorities to temporarily hold other involved property or suspend suspicious transactions. A court must decide on the holding or freezing of accounts or property within 48 hours of receiving the request or complaint; the decision period may be extended by up to 24 hours in complex cases. Legal persons that incur criminal liability under Article 42 of the Criminal Code for offences under Articles 5 to 9 of this law are subject to fines of 1–30 billion riel, approximately US$250,000–7.5 million, or fines of up to the value of funds or property derived from crime, together with one or more additional penalties under Article 168 of the Criminal Code. The report also mentions the same punishment for attempted and completed misdemeanours under this law, the same punishment for co-perpetrators, instigators and accomplices as for perpetrators, no criminal responsibility for offences under this law for persons compelled by force or coercion to participate, in accordance with the existing Criminal Code and exemption from punishment for participants in offences under Article 6 or 7 who, before prosecution, report to the competent authorities and help identify other participants or recover criminal proceeds, and mitigation for such reporting after prosecution.
