Chương XL Bộ luật tố tụng dân sự 2015: Xử lý hành vi cản trở hoạt động tố tụng dân sự

Chapter XL

HANDLING ACTS OF OBSTRUCTING CIVIL PROCEEDINGS

Article 489. Handling acts of obstructing the verification and collection of evidences by proceeding officers

Those who commit one of the following acts shall, depending on the nature and severity of the violations, be disciplined, be imposed administrative penalties or face criminal prosecution as prescribed in law:

1. Forging or destroying important exhibits, thus obstructing the resolution of cases by courts;

2. Refusing to provide or provide untruthful testimonies or providing false materials when acting as witnesses;

3. Refusing to produce results of expertise of refusing to provide information without good and sufficient reason or produce untruthful expertise results;

4. Intentionally giving untruthful interpretation;

5. Failing to assign a person to join the Price Assessment Council at the request of the Court without a plausible reason; failing to perform the duties of the Price Assessment Council without a plausible reason;

6. Obstructing a procedure-conducting person to make on-site inspection and appraisal, conduct assessment and/or expertise or verify or collect other evidences in accordance with this Code;

7. Deceiving, bribing, threatening, forcing or using force to prevent a witness from giving testimonies, or compelling others to deceitfully act as a witness;

8. Deceiving, bribing, threatening, forcing, or using force to prevent an expert witness from performing his/her duty, or compelling him/her to make an untruthful conclusion;

9. Deceiving, bribing, threatening, forcing, or using force to prevent an interpreter from performing his/her duty or compelling him/her to give untruthful, biased or wrong interpretation.

Article 490. Handling measures applicable to witnesses who are intentionally not present under courts’ subpoenas

1. In cases where witnesses or the interpreters have been duly summoned by Courts but have deliberately declined to go to Courts or to be present in Court sessions or meeting without plausible reasons and their absence caused obstacles to the collection and/or verification of evidences or the adjudication of cases, they shall face administrative sanction according to law provisions.

2. In cases specified in clause 1 of this Article, the Courts shall be entitled to issue decisions to escort the witness to the Court sessions or meetings, unless the witnesses are minors. 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 having the task to enforce the Court decisions shall be in charge of escorting witnesses. Executors of such decisions must read out and explain them to the to be-escorted persons and make records on the escort.

Article 491. Handling of violations against the internal rules of Court sessions

1. Persons committing violations against the internal rules of Court sessions specified in Article 234 of this Code shall, depending on nature and severity of the violations, face administrative penalties imposed by the presiding Judges according to law provisions.

2. The presiding Judges shall be entitled to make decisions to compel the violators specified in clause 1 of this Article to leave the courtroom. Public security offices having the task to protect Court sessions or persons having the task to protect the order of the Court sessions shall enforce the presiding Judges’ decisions on forcible departures from Court rooms or admistrative custody against persons who cause disturbance in Court sessions.

3. In cases where persons violate the internal rules of Court sessions to such an extent that they must be liable to criminal prosecution, the Courts shall be entitled to institute criminal cases according to regulations on criminal procedures.

4. Provisions of this Article shall be also applicable to persons who commit violations in the Court’s meetings.

Article 492. Actions against acts offending or injuring the solemn and/or prestige of the Court, honor, dignity or health of proceeding officers or other persons carrying out duties at the request of the Court

Any person performing an act offending or injuring the solemn and/or prestige of the Court, honor, dignity or health of proceeding officers or other persons carrying out duties at the request of the Court shall, depending on nature and severity of the violations, be imposed administrative penalties or be liable to criminal prosecution according to law provisions.

Article 493. Actions against the issuance, sending, receiving, delivery or notice of procedural documents of the Court

Any person shall, depending on nature and severity of the violations, be imposed disciplinary penalties, administrative penalties or liable to criminal prosecution according to law provisions if he/she performs any of the following acts:

1. Fail to perform the issuance, sending, delivery or notice of procedural documents of the Court at the request of the Court without plausible reasons;

2. Destroy procedural documents of the Court that the Court assigned them to issue, deliver or notice;

3. Forge the results of the deliver or notice of procedural documents of the Court that are assigned;

4. Preclude the issuance, sending, Receiving, delivery or notice of procedural documents of the Court.

Article 494. Actions against acts preventing representatives of agencies, organizations or individuals from participating in procedures as requested by Courts

Those who threaten, assault, or take advantage of others’ dependence to prevent representatives of agencies, organizations or individuals from attending Court sessions or meetings as summoned by the Courts shall, depending on the nature and severity of their violations, be administratively sanctioned or be liable to criminal prosecution according to law provisions.

Article 495. Actions against acts of failing to executive Court decisions on provisions of documents and evidences to the Court or acts of reporting untruthful information in order to obstruct Court’s settlement of cases

1. Agencies, organizations or individuals that fail to execute the Court decision on provision of documents and evidences they are currently managing or keeping shall be administratively sanctioned in accordance with law.

2. Those who report untruthful information in order to obstruct the Court’s settlement of the case shall, depending on the nature and severity of their violations, be administratively sanctioned, administratively sanctioned or be liable to criminal prosecution in accordance with law.

Article 496. Actions against acts interfering in the settlement of civil cases

Those who use their influence to exert impacts in any form on the Judge or another member of the Trial Panel in order to make the settlement of the case biased or unlawful shall, depending on the nature and severity of their violations, be imposed disciplinary measures, be administratively sanctioned or be liable to criminal prosecution in accordance with law.

Article 497. Responsibilities of the procuracies in cases where the Courts institute criminal cases

1. In cases where the Courts institute criminal cases as stipulated in Clauses 3 and 4 Article 491 of this Code, within 15 days from the day on which the institution decisions are issued, the Courts shall forward to the competent procuracies the institution decisions and materials and evidences substantiating the criminal acts.

2. The procuracies shall be responsible for considering and settling according to provisions of the Criminal Procedure Code.

Article 498. Forms of penalty, competence, order and procedures for imposing penalties

Forms of penalty, competence, order and procedures for imposing administrative penalties on acts that obstruct civil procedure activities shall comply with provisions of the Law on Actions against administrative violations and relevant law provisions.