Synopsis: A legal expert calls for reforms to speed up financial restitution for those who have been harmed by criminal offenders, suggesting measures such as early asset seizures and the creation of a state fund.
A lawyer has called for reforms to ensure victims of crime receive compensation more quickly, arguing that lengthy court proceedings and weak enforcement leave victims waiting years for justice despite successful criminal prosecutions.
Speaking on Cross-Talk, San Sopha, an attorney at Duan & Duan Phnom Penh Law Firm, said civil compensation plays a crucial role in restoring victims after they suffer harm from criminal offences, but the system frequently delays relief until court judgements become final.
“Civil compensation refers to the repair or remedy of damages suffered by victims resulting from an offence committed by a perpetrator,” he said. “The purpose is to ensure that victims receive compensation equivalent to the harm caused by the criminal act.”
He said that while civil compensation is legally separate from criminal punishment, both can proceed simultaneously within the same case.
Victims may file compensation claims immediately after an offence occurs by lodging complaints with the police or prosecutors. Those who do not initially file a complaint may later join proceedings as civil plaintiffs during the investigation or before trial, he said.
But compensation is generally not awarded until judicial proceedings have concluded.
To get compensation, Sopha said the law requires three elements under Article 743 of the Civil Code regarding tort liability: an illegal act, real damage and a direct link between the offender’s action and the damage experienced.
He noted that compensation is required regardless of whether harm was caused intentionally or through negligence.
“For example, in traffic offences or involuntary homicide, even if there was no intent, the offender must still compensate the victim,” he said.
The lawyer said courts determine compensation by assessing documentary evidence, such as medical bills, treatment costs, repair expenses and proof of property loss. Judges also exercise discretion when evaluating psychological suffering, reputational damage and emotional distress.
“The judge determines a reasonable amount, ensuring proportionality. It should not be too low compared to the damage, nor should it be excessive,” he said.
Despite the legal framework, Sopha said victims face major practical challenges, particularly in the time it takes to obtain compensation.
“The victim may suffer today, but the final judgement may only come three, four, five, or even 10 years later,” he said. “Only then will the court finally determine how much compensation must be paid.”
Even after a judgement becomes final, enforcement remains problematic if offenders hide assets or evade authorities, he added.
Sopha welcomed the efforts of the Ministry of Justice to amend the Criminal Procedure Code and Criminal Code, saying reforms could improve the enforcement of court judgements.
He said investigating judges should identify and secure offenders’ assets at an early stage of criminal proceedings to prevent defendants from disposing of property before compensation can be enforced.
“Authorities should not wait until the victim requests an investigation into the offender’s assets,” he said. “Victims have no legal authority to obtain private information about another person’s assets.”
Sopha said paying compensation does not automatically erase criminal liability, addressing a common misconception.
“As a legal principle, sometimes yes, but generally, no,” he said.
He said criminal prosecution remains the responsibility of prosecutors, whose role is to determine whether an offence occurred, identify the offender and seek appropriate punishment regardless of whether compensation has been paid.
Only in limited circumstances involving minor offences, genuine remorse and voluntary compensation may courts consider reducing or suspending sentences, he added.
Sopha said legal education should continue through schools, government institutions, lawyers and public outreach, while citizens must take responsibility for understanding the law.
“Everyone is presumed to know the law,” he said, adding that ignorance of the law is not a valid defence against criminal responsibility.
Sopha proposed establishing a national victims’ compensation fund to provide immediate financial assistance to victims while the state recovers the money from convicted offenders.
The fund could be financed through judicial fines, confiscated assets and other lawful sources linked to criminal offences, he added.
He urged judges and lawyers to uphold their responsibility to promote justice, and victims to preserve evidence and report crimes promptly.
“Justice has two essential components,” he said. “First, the offender must receive a punishment proportionate to the offence. Second, the victim must be compensated.”
