Chương V Bộ luật Tố tụng hình sự 2015: Người tham gia tố tụng

Chapter IV

PARTICIPANTS IN LEGAL PROCEEDINGS

Article 55. Participants in legal proceedings

1. Denouncers, informants and individuals proposing charges.

2. Persons denunciated or facing requisitions for charges.

3. Persons held in emergency custody.

4. Arrestees.

5. Temporary detainees.

6. Suspects.

7. Defendants.

8. Crime victims.

9. Civil plaintiffs.

10. Civil defendants.

11. Individuals bearing duties and interests from the lawsuits.

12. Witness testifiers.

13. Witnesses.

14. Expert witnesses.

15. Valuators.

16. Interpreters and translators.

17. Defense counsels.

18. Protectors of legitimate rights and benefits of crime victims and litigants.

19. Protectors of lawful rights and benefits of persons denunciated or facing requisitions for charges.

20. Legal representatives of juridical persons committing crime and other delegates as per this Law.

Article 56. Denouncers, informants and individuals proposing charges

1. Denouncers, informants and entities reporting crime or proposing charges are entitled to:

a) Request competent authorities to maintain confidentiality of denunciation, crime reports, propose charges, to protect their life, health, honor, dignity, prestige, property, legitimate rights and benefits and kindred from existing menaces;

b) Be informed of the final settlement of denunciations, information and requisitions;

c) Complain about competent procedural authorities and persons’ decisions and legal procedure of receiving and handling accusations, criminal information and requisitions for charges.

2. Entities as defined in Section 1 of this Article must present themselves at the requests for authorities empowered to handle criminal information, and must present facts to their knowledge in honesty.

Article 57. Persons denunciated or facing requisitions for charges

1. Persons denunciated or facing requisitions for charges are entitled to:

a) Be informed of their acts denounced or against which charges are proposed;

b) Be informed and explained about their rights and duties according to this Article;

c) Give statements and opinions;

d) Present evidences, documents, items and requests;

dd) Confer on relevant evidences, documents and items and ask authorized procedural persons to inspect and evaluate such;

e) Defend or have their legitimate rights and benefits defended;

g) Be informed of the final settlement of accusations and requisitions for charges;

h) Complain about competent procedural authorities and persons’ decisions and legal procedure.

2. Persons denounced or facing requisitions for charges must appear at the requests for authorities empowered to handle accusations and requisitions for charges.

Article 58. Persons held in emergency custody and arrestees

1. Persons held in emergency custody or arrested for criminal acts in flagrante and wanted notices are entitled to:

a) Hear and obtain the warrants of emergency custody, emergency arrest, written approvals of emergency custody and wanted notices;

b) Be informed of reasons of their temporary detainment and arrest;

c) Be informed and explained about their rights and duties as per this Law;

d) Give statements and opinions, and have no obligation to testify against themselves or admit to guilt;

dd) Present evidences, documents, items and requests;

e) Confer on relevant evidences, documents and items and request authorized procedural persons to inspect and evaluate such;

g) Defend themselves or be defended;

h) Complain about competent procedural authorities and persons’ decisions and legal procedure on detainment and arrest.

2. Persons held in emergency custody and arrestees bear the duty to conform to detainment orders and arrest warrants and requests by entities authorized to detain and arrest people according to this Law.

Article 59. Temporary detainees

1. Temporary detainees are held in emergency captivity or arrested for criminal acts in flagrante or wanted notices or those confessing or surrendering and facing existing orders of temporary detainment.

2. Temporary detainees are entitled to:

a) Be informed of reasons, obtain decisions and written extension of temporary detainment, written approvals of temporary detainment and other decisions of legal procedure according to this Law;

b) Be informed and explained about their duties and rights as per this Article;

c) Give statements and opinions, and have no obligation to testify against themselves or admit to guilt;

d) Defend themselves or be defended;

dd) Present evidences, documents, items and request;

e) Confer on relevant evidences, documents and items and request authorized procedural persons to verify and assess such;

g) File complaints about competent procedural authorities and persons’ decisions and legal procedure on temporary detainment.

3. Temporary detainees are liable for conforming to this Law and the Law on temporary detainment and detention.

Article 60. Suspects

1. Suspects are physical persons or juridical persons facing criminal charges. The rights and duties of juridical persons as suspects are executed by their legal representatives according to this Law.

2. Suspects are entitled to:

a) Be informed of reasons for charges against them;

b) Be informed or explained about their rights and duties as per this Article;

c) Acquire decisions on charges against suspects and amendments to such decisions; written approvals of such decisions or amendments; decisions on enforcement, change or termination of preventive and coercive measures; final reports of investigation; decisions on suspension and suspension of investigations; decisions of suspension and suspension of lawsuits; charges, decisions on prosecution and other decisions on legal proceedings according to this Law;

d) Give statements and opinions and bear no obligation to testify against themselves or admit to guilt;

dd) Present evidences, documents, items and requests;

e) Confer on relevant evidences, documents and items and request authorized procedural persons to check and evaluate such;

g) Requisition expert examinations, valuation; changes of authorized procedural persons, expert witnesses, valuators, interpreters and translators;

h) Defend themselves or be defended;

j) Read and write digital documents or copies of such regarding charges and vindication or other copies related to their defense, upon requests, after the end of investigations;

k) Complain about authorized procedural persons’ decisions and actions of legal procedure.

3. Suspects bear these duties:

a) Be present as per subpoenas by persons given authority to institute legal proceedings. If suspects are absent due to any but not force majeure or objective obstacles, they may be delivered by force. Fugitives shall be sought;

b) Comply with competent procedural authorities and persons’ decisions and requests.

4. Minister of Public Security leads and cooperates with the head of the Supreme People’s Procuracy, Court president of the Supreme People’s Court and Minister of Defense to regulate details of sequence, formalities, time limit and location for suspects’ reading and writing of digital documents and copies of such regarding charges, vindication or other copies regarding suspects' pleading, if requested, according to Point i, Section 2 of this Article.

Article 61. Defendants

1. Defendants are physical persons or juridical persons tried as per a Court’s decision. The rights and duties of defendants as suspects are executed by their legal representatives according to this Law.

2. Defendants are entitled to:

a) Obtain decisions on hearing of lawsuits; decisions on enforcement, change or termination of preventive and coercive measures; decisions on case suspension; judgments, Court's rulings and other decisions on legal proceedings as per this Law;

b) Attend the trial;

c) Be informed and explained about their rights and duties as per this Article;

d) Petition for expert examinations, valuation, change of authorized procedural persons, expert witnesses, valuators, interpreters, translators, summoning of witness testifiers, crime victims, individuals having duties and interests from the lawsuit, expert witnesses, valuators, other participants in legal proceedings and authorized procedural persons to the Court;

dd) Present evidences, documents, items and requests;

e) Confer on relevant evidences, documents, items and request authorized procedural persons to inspect and assess such;

g) Defend themselves or be defended;

h) Give statements and opinions, bear no obligation to testify against themselves or admit to guilt;

i) Inquire and request Court presidents to question courtroom participants with the Court president’s consent; engage in oral arguments in court;

k) Give final statement prior to the deliberation of judgments;

l) Read the Court's report and request amendments to the Court's report;

m) Appeal against the Court’ judgments and rulings;

n) Complain about competent procedural authorities and persons’ decisions and legal proceedings;

o) Other rights as per the laws.

3. Defendants bear these duties:

a) Appear as per the Court’s subpoena. b) If defendants are absent due to any but not force majeure or objective obstacles, they shall be delivered by force. Fugitives shall be sought;

b) Conform to the Court’s decisions and requests.

Article 62. Crime victims

1. Crime victims are physical persons suffering from direct damage to physical body, mentality and property, or organizations whose property and reputation are impaired or threatened.

2. Crime victims or their legal representatives are entitled to:

a) Be informed and explained about their rights and duties as per this Article;

b) Present evidences, documents, items and requests;

c) Confer on relevant evidences, documents and items and request authorized procedural persons to inspect and evaluate such;

d) Requisition expert examinations and valuation as per the laws;

dd) Be informed of results of investigations and lawsuits;

e) Request the change of authorized procedural persons, expert witnesses, valuators, interpreters and translators;

g) Recommend punitive measures, compensation level and guarantees of compensation;

h) Attend the trial; provide opinions, request Court president to question defendants and attendees in court; engage in oral arguments in court to defend their legitimate rights and benefits; read the Court’s reports;

i) Defend or have their legitimate rights and benefits defended;

k) Engage in other activities of legal procedure as per this Law;

l) Request competent procedural authorities to protect their life, health, honor, dignity, property, legitimate rights and benefits, kindred against menaces;

m) Appeal against the Court’s judgments and rulings;

n) Complain about competent procedural authorities and persons’ decisions and legal proceedings;

o) Other rights as per the laws.

3. If a lawsuit is brought at the requests for crime victims, they or their legal representatives shall state accusations in court.

4. Crime victims bear these duties:

a) Be present as per authorized procedural persons’ subpoena. If they are absent due to any but not force majeure or objective obstacles, they may be escorted by force;

b) Abide by competent procedural authorities and persons' decisions and request.

5. If an entity is murdered, missing, bereaved of legal capacity, its representative shall execute its rights and duties as per this Law.

Organizations as crime victims, if divided, separated, consolidated or merged, shall have their rights and duties as per this Article possessed by their legal representatives or entities inheriting such duties and rights.

Article 63. Civil plaintiffs

1. Civil plaintiffs are persons and organizations suffering from damage caused by criminal acts and filing damage claim.

2. Civil plaintiffs or their legal representatives are entitled to:

a) Be informed and explained about their rights and duties as per this Article;

b) Present evidences, documents, items and request;

c) Confer on relevant evidences, documents and items and request authorized procedural persons to check and evaluate such;

d) Be informed of results of investigations and lawsuits;

dd) Requisition expert examinations and valuation as per the laws;

e) Request changes of authorized procedural persons, expert witnesses, valuators, interpreters and translators;

g) Recommend level and guarantee measures of compensation;

h) Attend the trial; provide opinions, request Court presidents to question attendees in court; engage in oral arguments in court to defend plaintiffs' legitimate rights and benefits; read the Court’s reports;

i) Defend or have their legitimate rights and benefits defended;

k) Complain about competent procedural authorities and persons’ decisions and legal proceedings;

l) Appeal against the Court’s judgments and rulings on compensations;

m) Other rights as per the laws.

3. Civil plaintiffs bear these duties:

a) Appear as per authorized procedural persons’ subpoena;

b) Present facts for damage claims in honesty;

c) Comply with competent procedural authorities and persons’ decisions and requests.

Article 64. Civil defendants

1. Civil defendants are persons and organizations incurring liabilities for compensations as per the laws.

2. Civil defendants or their legal representatives are entitled to:

a) Be informed and explained about their rights and duties as per this Article;

b) Accept or reject all or parts of civil plaintiffs’ claims;

c) Present evidences, documents, items and requests;

d) Confer on relevant evidences, documents and items and request authorized procedural persons to inspect and assess such;

dd) Requisition expert examinations and valuation as per the laws;

e) Be informed of results of investigations and lawsuits in connection with damage claims;

g) Request change of authorized procedural persons, expert witnesses, valuators, interpreters and translators;

h) Attend the trial; provide opinions, request the Court president to question attendees in court; engage in oral arguments to protect defendants’ legitimate rights and benefits; read the Court’s reports;

i) Defend or have their legitimate rights and benefits defended;

k) Complain about competent procedural authorities and persons’ decisions and legal proceedings;

l) Appeal against the Court’s judgments and rulings on compensations;

m) Other rights as per the laws.

3. Civil defendants bear these duties:

a) Be present as per authorized procedural persons’ subpoena;

b) Present facts related to compensations in honesty;

c) Conform to competent procedural authorities and persons’ decisions and requests.

Article 65. Parties with interests and duties related to the lawsuit

1. Parties with interests and duties in connection with the lawsuit are individuals and organizations holding benefits and duties pertaining to criminal lawsuits.

2. Parties with interest and duties relating to the lawsuit or their representatives are entitled to:

a) Be informed and explained about their rights and duties as per this Article;

b) Present evidences, documents, items and requests;

c) Requisition expert examinations and valuation as per the laws;

d) Attend the trial; provide opinions, request the Court president to question attendees in court; engage in oral arguments in court to defend their legitimate rights and benefits; read the Court's reports;

dd) Defend or have their legitimate rights and benefits defended;

e) Confer on relevant evidences, documents and items and request authorized procedural persons to verify and assess such;

g) Appeal against the Court's judgments and rulings on matters directly pertaining to their benefits and duties;

h) Complain about competent procedural authorities and persons’ decisions and legal proceedings;

i) Other rights as per the laws.

3. Parties with interests and duties relating to the lawsuit bear these duties:

a) Appear as per authorized procedural persons’ subpoena;

b) Present facts pertaining to their rights and duties in honesty;

c) Abide by competent procedural authorities and persons’ decisions and requests.

Article 66. Witness testifiers

1. Witness testifiers possess knowledge of facts relating to the crime and lawsuit and receive competent procedural authorities' subpoena to testify.

2. The following persons cannot testify:

a) Defense counsels of accused persons;

b) Persons not conscious of facts pertaining to criminal information and lawsuit or not capable of giving judicious testimonies due to their mental or physical impairment.

3. Witness testifiers are entitled to:

a) Be informed or explained about their rights and duties as per this Article;

b) Request summoning authorities to protect their life, health, honor, dignity, property, legitimate rights and benefits and kindred against menaces;

c) File complaints about competent procedural authorities and persons’ decisions and legal proceedings appertaining to matters that they testify for and against;

d) Have their expenditure of travel and other expenses covered by summoning authorities as per the laws.

4. Witness testifiers bear these duties:

a) Be present as per competent procedural authorities’ subpoena. If their absence due to any but not force majeure or objective obstacles hinders the handling of criminal information, charges, investigations, prosecution, adjudication, they may be escorted by force;

b) Present facts to their knowledge on criminal information and lawsuits and reasons leading to such knowledge in honesty.

5. If witness testifiers give false testimonies, decline or elude testification for any excuses not relating to force majeure or objective obstacles, they shall incur criminal liabilities as per the Criminal Code.

6. Organizations where witness testifiers work or pursue education are responsible for supporting their testification.

Article 67. Witnesses

1. Witnesses are requested by competent procedural authorities to witness legal proceedings according to this Law.

2. The following persons cannot be a witness:

a) Kindred of accused persons or given authority to institute legal proceedings;

b) Persons deprived of judicious consciousness due to mental or physical impairment;

c) Persons less than 18 years old;

d) There are evidences of a person’s bias.

3. Witnesses are entitled to:

a) Be informed and explained about their rights and duties as per this Article;

b) Request authorized procedural persons to abide by the laws and protect their life, health, honor, dignity, property, legitimate rights and benefits, and kindred against menaces;

c) Read reports of legal proceedings, and give opinions on legal proceedings that they witness;

d) Complain about competent procedural authorities and persons’ decisions and legal proceedings pertaining to matters that they witness;

dd) Have expenses covered by summoning authorities as per the laws.

4. Witnesses bear these duties:

a) Appear as per competent procedural authorities’ subpoena;

b) Witness all legal proceedings as requested;

c) Sign records of activities that they witness;

d) Maintain confidentiality of investigative activities that they witness;

dd) Present facts that they witness in honesty at the requests for competent procedural authorities.

Article 68. Expert witnesses

1. Expert witnesses possess professional knowledge of matters requiring examinations for experts, who are  consulted by competent procedural authorities or requested by participants in legal proceedings to conduct expert examinations as per the laws.

2. Expert witnesses are entitled to:

a) Read case files in connection with the subjects of expert examination;

b) Request authorities requisitioning expert examinations or participants in legal proceedings, who petition for expert examinations, to provide documents necessary for reaching conclusions;

c) Participate in sessions of interrogation, extraction of statements and inquiry of matters related to the subjects of expert examination;

d) Refuse to conduct expert examinations without adequate time for relevant tasks, sufficient documents or substantial grounds to reach a conclusion or decline to expert examinations surpassing the extent of their professional knowledge;

dd) Put their own opinions in the joint final report if they do not agree to the joint findings from a team of expert witnesses;

e) Other rights as per the Law on expertise.

3. Expert witnesses bear these duties:

a) Be present as per competent procedural authorities’ subpoena;

b) Maintain confidentiality of investigation findings grasped during expert examinations;

c) Other duties as per the Law on judicial expert examination.

4. If expert witnesses fabricate findings or object to conclude examinations for any reasons but neither force majeure nor objective obstacles, they shall face criminal liabilities as per the Criminal Code.

5. Expert witnesses must decline to engage in legal proceedings or submit to replacement in the following events:

a) They are concurrently crime victims, litigants, or representatives or kindred of crime victims, litigants, suspects or defendants;

b) Having performed the role of defense counsels, witness testifiers, interpreters, translators or valuators in the lawsuit;

c) Having engaged in legal proceedings of the lawsuit.

6. The entities consulting experts shall decide to replace expert witnesses.

Article 69. Valuators

1. Valuators possess professional knowledge of pricing, who are consulted by competent procedural authorities and requested by participants in legal proceedings to valuate property as per the laws.

2. Valuators are entitled to:

a) Study case files in connection with the subjects of valuation;

b) Request the entities requisitioning valuation or participants in legal proceedings, who request valuation, to provide documents necessary for valuation;

c) Refuse to perform activities of valuation without adequate time for relevant tasks, sufficient documents or substantial grounds for valuation or declined to requests for valuation surpassing the extent of their professional knowledge;

d) Put their own findings in the joint final report if disagreeing with the conclusions by the Panel of valuation;

dd) Other rights as per the laws.

3. Valuators bear these duties:

a) Appear as per competent procedural authorities’ subpoena;

b) Maintain confidentiality of investigation facts grasped during their activities of valuation;

c) Other duties as per the laws.

4. If valuators provide false findings or decline to valuate property for any reasons but neither force majeure nor objective obstacles, they shall face criminal liabilities as per the Criminal Code.

5. Valuators must repudiate their engagement in legal proceedings or submit to replacement in the following events:

a) They are concurrently crime victims, litigants, or representatives, kindred of crime victims, litigants or suspects, defendants;

b) Having performed the role of defense counsels, witness testifiers, expert witnesses, interpreters or translators in the lawsuit;

c) Having engaged in legal proceedings of the lawsuit.

6. The entities demanding valuation shall decide the replacement of valuators.

Article 70. Interpreters and translators

1. Interpreters and translators are capable of interpreting and translating languages, whose services are demanded by competent procedural authorities when participants in legal proceedings do not speak Vietnamese or documents are made in foreign languages.

2. Interpreters and translators are entitled to:

a) Be informed and explained about their duties and rights as per this Article;

b) Request entities demanding their services to protect their life, health, honor, dignity, property, legitimate rights and benefits and kindred against menaces;

c) Complain about competent procedural authorities and persons’ decisions and legal proceedings regarding oral and written translation;

d) Receive payments for interpretation and translation from authorities demanding their services and other benefits as per the laws.

3. Interpreters and translators bear these duties:

a) Be present as per competent procedural authorities’ subpoena;

b) Perform tasks of oral and written translation in honesty. If interpreters and translators provide deceitful services, they shall face criminal liabilities as per the Criminal Code;

c) Maintain confidentiality of investigation secrets grasped during their tasks of oral and written translation;

d) Guarantee the execution of their duties before the authorities demanding their services.

4. Interpreters and translators must decline to engage in legal proceedings or submit to replacement in the following events:

a) They are concurrently crime victims, litigants; or representatives, kindred of crime victims, litigants or suspects, defendants;

b) Having performed the role of defense counsels, witness testifiers, expert witnesses, and valuators in the lawsuit;

c) Having engaged in legal proceedings of the lawsuit.

5. The authorities demanding services of oral and written translation shall decide the replacement of interpreters and translators.

6. The stipulations of this Article shall also apply to individuals comprehending signs and behaviors of the mute or the deaf, and writing of the blind.

Article 71. Responsibilities for announcement and explanation of rights and duties of participants in proceedings and assurance of their execution of such obligations and rights

1. Competent procedural authorities and persons are responsible for announcing and explaining the rights and duties of persons participating in legal proceedings and for assuring the latters' execution of such obligations and grants according to this Law.

If a accused person or aggrieved is entitled to legal aid as per the Law on legal aid, competent procedural authorities and persons are responsible for elucidating their right of legal aid. If such person petitions for legal aid, competent procedural authorities and persons shall promptly inform a Governmental legal aid centers.

2. Announcement and explanation must be recorded in writing.