The Ministry of Justice issued Prakas No. 043 on the Organization and Functioning of the Bailiff Units attached to the Courts of First Instance in Phnom Penh and the Provinces on 25 March 2025 (the “Prakas”). The Prakas aims to establish a clear framework for the operation of bailiff units and to ensure the efficient enforcement of court decisions.
Key Points of the Prakas:
- Establishment of Bailiff Units: The Prakas mandates the establishment of a bailiff unit at each Court of First Instance. The administration of these Bailiff Units is under the supervision of the Ministry of Justice, with staff from the General Department of Court Administration staffing such units.
- Role and Responsibilities: The bailiff units are tasked with:
- supervising and managing bailiffs and administrative matters related to their functions;
- receiving and processing applications for enforcement and preservation measures;
- coordinating with judges, prosecutors, court clerks, law enforcement, and relevant authorities;
- managing and executing service operations;
- reporting on activities to the Minister of Justice; and
- performing other duties as assigned by the Minister of Justice.
- Leadership and Structure: Each bailiff unit will be led by a president, with one or more vice-presidents as needed, all appointed by the Minister of Justice. The president must have at least five years of experience as a bailiff.
- Case Management: The Prakas outlines procedures for filing enforcement requests, assigning cases to bailiffs, and handling complex cases. It also addresses the transfer of cases between bailiffs to ensure the efficient administration of justice.
- Collaboration and Support: The President of the Court of First Instance and the prosecutor are required to cooperate with and provide support to the bailiff units. The president of the bailiff unit is authorized to request assistance from the law enforcement bodies when necessary.
- Handling of Sensitive Cases: In cases involving potential social unrest or threats to public order, the President of the bailiff unit must consult with the president of the Court of First Instance, the prosecutor, and relevant authorities, and may need to seek instructions from the Minister of Justice.
- Personnel: Bailiff units will consist of bailiffs and court administration officials and may also include contracted staff. The Prakas also allows for the appointment of officials to handle service duties. These service duties involve the delivery of various documents to parties in a case, for example, summons letters, invitation letters to legal representatives, and court decisions or judgments.
- Delegation of Service Functions: Bailiffs are permitted to delegate service functions to designated officials, who must be appointed by the bailiff unit president with approval from the Minister of Justice, and who must receive appropriate training.
- Use of Symbols and Uniforms: Bailiff units must use the logos and uniforms of the Courts of First Instance, and bailiffs will wear uniforms as determined by a separate Prakas of the Minister of Justice.
- Transitional Provision: Courts of First Instance without established bailiff units are instructed to continue operating under Prakas No. 30 on Officials in Charge of Bailiff Affairs issued by the Ministry of Justice on 19 July 2007.
Disclaimer: This legal update does not constitute and should not be relied upon as legal advice. Please contact HBS LAW if any queries.
