Chapter XI: TAKING STATEMENTS OF WITNESSES, VICTIMS, CIVIL PLAINTIFFS, CIVIL DEFENDANTS, PERSONS WITH INTERESTS AND OBLIGATIONS RELATED TO THE CASES, CONFRONTATION AND IDENTIFICATION
Article 133.- Summoning of witnesses
1. To summon witnesses, investigators must send to them summonses. Such a summons must contain the full name and residence of the witness, the date, hour and place for his/her appearance; the person whom he/she will meet and his/her responsibility for non-appearance without plausible reasons.
2. Summonses shall be handed directly to the witnesses or through the administrations of the communes, wards or townships where they reside or the agencies or organizations where they work. These agencies or organizations shall have to create conditions for the witnesses to perform their obligations.
Under all circumstances, signatures shall be required for the handing and receipt of summonses.
3. Summonses of witnesses aged under full 16 years shall be handed to their parents or other lawful representatives.
4. In case of necessity, procurators may summon witnesses. The summoning of witnesses shall comply with the provisions of this Article.
Article 134.- Escort of witnesses
1. Where witnesses have been summoned by investigating bodies, procuracies or courts but they deliberately refuse to appear without plausible reasons and their absence causes obstruction to the investigation, prosecution or adjudication, the bodies which have summoned them may issue decisions to escort them.
2. Decisions to escort witnesses must contain the time and place of their issuance; full names and positions of their issuers; full names, birth dates and residential places of the witnesses; the time and places for their appearance.
3. The executors of escort decisions must read the decisions to the witnesses, explain their rights and obligations, and make the minutes of the escort as prescribed in Article 95 of this Code.
4. It is forbidden to escort witnesses at night.
Article 135.- Taking statements of witnesses
1. Statements of witnesses shall be taken at the places of investigation or at their residences or working places.
2. If a case involves many witnesses, the statements of each witness must be taken separately and the witnesses shall not be let contact one another in the course of taking statements.
3. Before taking statements from witnesses, investigators must explain to them their rights and obligations. This must be recorded in the minutes.
4. Before inquiring into the contents of the cases, investigators should verify the relationships between the witnesses and the accused, victims and other details related to the witnesses’ personal identity. Before asking questions, investigators should request witnesses to relate or write what they know about the cases. Raising questions of suggestive nature shall not be allowed.
5. When taking statements of witnesses aged under 16 years, their parents, other lawful representatives or their teachers must be invited to attend.
6. In case of necessity, procurators may take statements of witnesses. The taking of statements of witnesses shall comply with the provisions of this Article.
Article 136.- Minutes of witnesses’ statements
Minutes of witnesses’ statements must be made according to Articles 95, 125 and 132 of this Code.
Article 137.- Summoning, and taking statements of, victims, civil plaintiffs, civil defendants, persons with interests and obligations related to the cases
The summoning, and taking statements of, victims, civil plaintiffs, civil defendants and persons with interests and obligations related to the cases shall comply with the provisions of Articles 133, 135 and 136 of this Code.
Article 138.- Confrontation
1. Where exist contradictions in the statements of two or more persons, investigators shall conduct confrontation.
2. If witnesses or victims participate in the confrontation, investigators must, first of all, explain to them their responsibility for refusing or shirking to give statements or deliberately giving false statements. This must be recorded in the minutes.
3. To begin the confrontation, investigators shall ask about the relationships between persons participating in the confrontation, then about circumstances required to be clarified. After hearing statements in the confrontation, investigators may further put questions to each person.
Investigators may also let persons participating in the confrontation ask one another and their questions and answers must be recorded in the minutes.
Only after persons participating in the confrontation give their statements shall their previous statements be repeated.
4. Confrontation minutes must be made according to the provisions of Articles 95, 125 and 132 of this Code.
5. In case of necessity, procurators may conduct confrontation. Such confrontation shall comply with the provisions of this Article.
Article 139.- Identification
1. When necessary, investigators may invite persons or give objects or photos to witnesses, victims or the accused for identification.
Investigators must ask in advance the identifying persons about details, traces and characteristics owing to which they may make identification.
2. The number of persons, things or photos presented for identification must be at least three and their appearances must be similar. For identification of corpses, this principle shall not be applied.
In special cases, identification of persons may be made through their voices.
3. If witnesses or victims act as identifying persons, before conducting the identification, investors must explain to them their responsibility for refusing or shirking to give statements or deliberately giving false statements. Such explanation must be recorded in the minutes.
4. In the course of identification, investigators must not put questions of suggestive nature. After the identifying persons have identified a person, an object or a photo among those presented for identification, investigators shall request them to explain which traces or characteristics they have relied on for identifying such person, object or photo.
Identification must be conducted in the presence of witnesses.
5. Identification minutes must be made according to Articles 95, 125 ad 132 of this Code. Such a minutes should contain the personal details of identifying persons and persons shown for identification; characteristics of objects or photos presented for identification; statements and presentations given by identifying persons.
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Bộ luật Tố tụng Hình sự 2003 (Bản Word)