The Ministry of Justice and Preah Sihanouk provincial court on Tuesday organised a meeting to disseminate information on the “duty and obligation of law enforcement institution as well as law enforcement by force”.
This meeting intends to encourage the public and relevant police officials to understand the duties and obligations of the bailiff.
An announcement from the Ministry of Justice on Tuesday said the purpose of the meeting was to allow the public, authorities, and police officials to understand the duties and obligations related to the law enforcement institution and law enforcement by force of bailiff.
Also, by joining this meeting, participants can disseminate the government’s policy in reforming the legal system and justice sector.
Based on Civil Law, the court’s duty in law enforcement by force is the confiscating of immovable properties, ships, removing rights on debt, and issuing the warrant, the announcement said.
The duties and obligations of a bailiff in law enforcement by force under which the law gives the rights and authorisation is related to the confiscating of, giving and keeping movable properties.
Article 338 of the Civil Law from the Ministry of Justice said to make the law enforcement by force effective, the bailiff has the right to order the police, military police, and other forces to prevent all obstacles in enforcing the law by the court.
“Authorities having such authorisation, which includes commune leaders, the commune council, village leaders, provincial and town governors, and relevant departments must join in law enforcement by force because it is their obligation as stated in the law.
“Any relevant stakeholder who does not cooperate in this will be held accountable under Article 520 of the Criminal Code,” the ministry said.
The participation of public forces and authorities is under the responsibility of the bailiff. Therefore, all the forces must follow the order of the bailiff and work with each other to enforce the law by force when the court issues a verdict or warrant.
Preah Sihanouk provincial bailiff La Bunhuon said it is the first meeting held in Preah Sihanouk province, while this kind of meeting used to be held once in Phnom Penh.
The Ministry of Justice might organise such meetings in the provinces in future.
“The meeting to disseminate the duty and obligation of law enforcement institution and law enforcement by force was organised by the Preah Sihanouk provincial bailiff with the cooperation of the Ministry of Justice,” said Bunhuon.
Preah Sihanouk provincial bailiff Im Sopheak said law enforcement by force is the last procedure of the court. So, the bailiff must carry out the decision of the court following law enforcement by force.
“This meeting was organised after police and military police previously did not understand the work of a bailiff.
“Therefore, this meeting will help them to understand the duties and obligations of the bailiff and cooperate with him in law enforcement by force,” said Sopheak.