Chapter Three EVIDENCE
Section I. General Rules
123. (Principle of decision based on evidence)
1. The court shall recognize facts based on evidence. However, the court may
consider all matters and circumstances that are revealed at oral argument.
2. Facts admitted to by a party in court, and facts the existence of which is obvious
to the court, need not be proven by evidence.
3. A party may retract an admission in the following circumstances:
(a) where the adversary party does not object;
(b) where the admission is false and made based on a mistake; or
(c) where the admission was made due to a criminal act of another.
124. (Examination of evidence)
1. Examination of evidence shall be carried out upon the offering of evidence by the
parties.
2. The court may examine evidence on its own authority where it finds that it cannot
reach a conclusion on whether to recognize the factual allegations of a party as
true based on the evidence offered by the parties, or where such examination is
otherwise necessary.
125. (Offering of evidence)
1. When evidence is offered, the offering party shall specify the fact to be proven
thereby.
2. When evidence is offered, the offering party shall make efforts to concretely and
clearly show the relevance of the evidence to the fact to be proven thereby.
3. Evidence may be offered before the date set for oral argument or before the date
set for preparatory proceedings for oral argument.
4. Offers to examine witnesses or parties shall be submitted at the same time as far
as possible.
126. (Admission of evidence)
The court shall examine the evidence offered by the parties. However, the court need
not examine evidence that has no relevance to the facts to be proven and evidence that
the court otherwise finds unnecessary.
127. (Concentrated examination of evidence)
1. The court shall ensure that examination of evidence can occur on the first date for
oral argument after the points at issue and the evidence have been arranged.
2. Examination of witnesses and of the parties shall take place in a concentrated
fashion as far as possible.
3. Documents scheduled to be used during examination of witnesses, etc. shall be
submitted to the court a reasonable period of time prior to the start of such
examination unless they are to be used as evidence to challenge the credibility of
the statements of a witness, etc.
128. (Right of parties to attend)
1. The court shall guarantee parties the opportunity to attend examination of
evidence.
2. Examination of evidence can proceed even where a party fails to attend on the
scheduled date for the examination.
129. (Examination of evidence in foreign country)
1. Examination of evidence in a foreign country shall be entrusted by the court to a
proper government office in the country or to an ambassador, ministerial envoy or
consul of the Kingdom of Cambodia stationed in the country.
2. Examination of evidence in a foreign country shall be valid if it conforms to the
provisions of this Code, regardless of whether it conforms to the laws of the
foreign country.
130. (Assignment of investigation)
The court may entrust a government agency or foreign government agency to perform
any necessary investigation.
131. (Proof to a preliminary showing)
Proof to a degree of preliminary showing shall be made based on evidence that permits
of immediate examination.
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