Chương XXXII Bộ luật Tố tụng dân sự 2004: Xử lý các hành vi cản trở hoạt động tố tụng dân sự

Chapter XXXII

HANDLING ACTS OF OBSTRUCTING CIVIL PROCEEDINGS

Article 384.- Handling measures applicable to defendants and persons with related rights and obligations

In cases where defendants or persons with related rights and obligations, who did not file independent claims, have received court subpoena for the second time but are still absent from the courts or from the court sessions without plausible reasons, they shall, on a case-by-case basis, be imposed with caution or fines by the courts.

Article 385.- Handling measures applicable to persons who commit acts of obstructing the collection and verification of evidences by procedure-conducting persons

1. Those who commit one of the following acts shall, depending on the seriousness of their violations, be imposed with caution, pecuniary fines or administrative custody by courts or subject to criminal case institution:

a) Forging or destroying important exhibits, thus obstructing the resolution of cases by courts;

b) Providing false testimonies or documents;

c) Refusing to give testimonies, declining to give expertising conclusions, or refusing to provide documents;

d) Deceiving, intimidating, buying off or using force against witnesses in order to prevent them from standing as witness or compel other persons to give false testimonies;

e) Deceiving, intimidating, buying off or using force against the expert-witnesses in order to prevent them from fulfilling their tasks or to compel them to give conclusions contrary to objective facts;

f) Deceiving, intimidating, buying off or using force against interpreters in order to prevent them from fulfilling their tasks or to compel them to give untruthful, inobjective and/or wrong translations;

g) Infringing upon the honor, dignity or prestige of procedure-conducting persons; intimidating, using force against or committing other acts of obstructing the procedure-conducting persons from applying measures to verify and collect evidences as prescribed by this Code;

h) Other violation acts prescribed by law;

2. Public security offices shall have the task to enforce courts’ decisions to hold violators in administrative custody.

Article 386.- Handling measures applicable to witnesses who are intentionally not present under courts’ subpoenas

1. In cases where witnesses have been duly summoned by courts but have deliberately declined to go to courts or to be present at court sessions without plausible reasons and their absence caused obstacles to the collection and/or verification of evidences or the adjudication of cases, the courts are entitled to issue decisions to escort them to court sessions or to impose caution or pecuniary fines.

2. Decisions on escorting witnesses must clearly state the time and places of their issuance; the full names and positions of the persons issuing the decisions; the full names, dates of birth and residence places of the witnesses, the time and places for the witnesses to be present.

3. The public security offices shall have the task to enforce the court decisions to escort witnesses. Executors of such decisions must read out and explain them to the escorted persons and make records on the escort.

Article 387.- Handling measures applicable to persons who violate the internal rules of court sessions

1. Persons who commit acts of breaking the internal rules of court sessions, can, depending on the seriousness of the violations, be imposed with caution, fines, forcible departure from court rooms or administrative custody by the presiding judges.

2. Public security offices shall have the task to protect court sessions, to enforce the presiding judges’ decisions on forcible departures from court rooms or admistrative custody against persons who cause disturbance at court sessions.

3. In cases where persons violate the internal rules of court sessions to such an extent that they must be examined for penal liability, the courts shall be entitled to institute criminal cases according to criminal legislation.

Article 388.- Responsibilities of the procuracies in cases where the courts institute criminal cases.

1. In cases where the courts institute criminal cases as stipulated in Clause 1 of Article 385 and Clause 3 of Article 387 of this Code, within ten days as from the date of issuing the institution decisions, the courts shall transfer to the competent procuracies the institution decisions and documents as well as evidences substantiating the criminal acts.

2. The procuracies must consider the case institution and the initiation of criminal proceedings against the accused within the time limit prescribed by the Criminal Procedure Code. If the procuracies decline such institution and prosecution, they must notify the courts which have issued the decisions to institute the cases thereof in writing, clearly stating the reasons therefor.

Article 389.- Handling measures applicable to individuals, agencies or organizations that fail to abide by court decisions on supply of evidences to courts

1. Individuals, agencies or organizations that fail to abide by court decisions on supply of evidences they are managing or keeping may be cautioned, fined or forced to do so under court decisions.

2. Individuals or heads of agencies or organizations specified in Clause 1 of this Article can be disciplined or examined for penal liability according to law provisions.

Article 390.- Procedures, competence for imposing penalties, fine levels

Procedures and competence for imposing penalties and fine levels for acts of obstructing civil proceedings shall be prescribed by the Standing Committee of the National Assembly.