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Unofficial translation by Kendearith Kingdom of Cambodia Nation Religion King Law on Monogamy Chapter I General
Provisions Article
1: The
purpose of this law is to protect dignity, to strengthen harmony and
happiness in families, and to ensure rights and respect
between a husband and a wife in accordance with article 45 of Constitution
of Kingdom of Cambodia and in addition to the laws already in force. Article
2: A
Khmer citizen of either sex who is married must sincerely respect the
principles of monogamy, of one husband and one wife, by registering their
marriage in front of Commune Council Members pursuant to the Law on Marriage
and Family. Chapter II Definition,
Guilty and Procedure Article
3: Monogamy
is a marriage in which one man has only one wife and one woman has only one
husband. Marriage is a solemn contract by which one man and one woman
establish a union that is sanctioned by law and may not be broken only at
their wishes.
The marriage shall be dissolved if: §
a spouse is dead §
a court has made a final
decision for divorce §
A spouse has been missing for
more than one year without any news about him/her whether he/she is still
alive or dead
Bigamy
is the act of a person who is already married contracting another marriage. A
person commits the offence of bigamy if they register his/her new marriage
to another person while his or her prior marriage has not been dissolved..
An accomplice shall be equally liable for conviction and punishment. Article
5: It
shall be considered as incest if a man and a woman who are closely related
by blood or affinity have sexual intercourse. Article
6: A
person commits the offence of incest if: §
he/she has sexual intercourse
with a person closely related by blood or all direct lines of affinity,
either legitimate or illegitimate or adoptive. §
he/she has sexual intercourse
with a person within his/her collateral lines, whether legitimate,
illegitimate, adoptive, born from the same mother, born from the same
father, born from the same parents, related by blood, or related by marriage
up to and including the third level. A
person does not commit incest if after their spouse dies they have sexual
intercourse with a person within his or her collateral lines of second or
third level. Article
7: Adultery
is the act of a married man having sexual intercourse with a woman who is
not his wife, or the act of a married woman having sexual intercourse with a
man who is not her husband
A person commits the offence of adultery if: §
he has sexual intercourse with
another woman while he is still married to his wife, and his marriage is not
yet dissolved. §
she has sexual intercourse with
another man while she is still married to her husband, and her marriage is
not yet dissolved. Article
8: At
the request of the spouse of the suspect, the prosecutor may discontinue any
prosecution under article 7., Chapter III Penalties Article
9: Anyone
convicted of the offences in article 4 of this law will be sentenced to a
term of imprisonment of between 6 months and 1 year or a fine of between
200,000 riels to 1,000,000 riels or both,. Article
10: Anyone
convicted of the offences in article 6 and article 7 of this law will be
sentenced to a term of imprisonment of between 1 month and 1 year or a fine
of between 200,000 riels and 1,000,000 riels, or both.
Chapter IV Final
Provisions Article 11: This
law is not retroactive. Article 12: Any
provisions of earlier laws contrary to this law are hereby nullified.
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