Chương XII Bộ luật Tố tụng hình sự 2015: Lấy lời khai người làm chứng, người bị hại, nguyên đơn dân sự, bị đơn dân sự, người có quyền lợi, nghĩa vụ liên quan đến vụ án, đối chất và nhận dạng

Chapter XII

DEPOSITION BY TESTIFIERS, CRIME VICTIMS, CIVIL PLAINTIFFS, CIVIL DEFENDANTS AND PERSONS HAVING INTERESTS AND DUTIES IN CONNECTION WITH THE CASE, CONFRONTATION AND IDENTIFICATION

Article 185. Summoning of witness testifiers

1. Investigators, when summoning witness testifiers for deposition, shall send out a subpoena.

2. A subpoena for a witness testifier shall specify the witness testifier’s full name, residential address or work address or educational facility’s address; time, date and location for his appearance, objectives, tasks and schedule, contact individuals and liabilities for absence not due to force majeure or objective obstacles.

3. The delivery of the subpoena is as follows:

a) The subpoena is given to the witness testifier directly or through local authorities at the commune, ward or town where the witness testifier resides or his workplace or educational facility. In all circumstances, signatures must be affixed to confirm the delivery of the subpoena. Local authorities at the commune, ward and town where the witness testifier resides or his workplace or educational facility shall be responsible for supporting the witness testifier to perform his duties;

b) The subpoena for a witness testifier less than 18 years of age shall be given to his parents or representative.

c) The delivery of the subpoena for the witness testifier according to a foreign entity's judicial delegation shall be governed by this Article and the Law on judicial assistance.

4. Procurators, if necessary, may convene the witness testifier for deposition. Summoning of a witness testifier shall be governed by this Article.

Article 186. Deposition by witness testifiers

1. A witness testifier’s deposition shall be carried out at the investigative scene, his residential place or workplace or educational facility.

2. If there are several witness testifiers in a case, each person shall give testimonies separately and prevented from interacting with others during the process of deposition.

3. Investigators and investigation officers, before conducting depositions, must explain witness testifiers’ rights and duties as per Article 66 of this Law. Such activities shall be recorded in writing.

4. Investigators, before inquiring into the case, must ask about the relationship of the witness testifiers, suspects and defendants and personal information of the witness testifiers. Investigators, before raising questions, shall ask the witness testifiers to speak or write their knowledge of the case in honest and voluntary manners.

5. If investigators' deposition sessions are deemed biased or unlawful, procurators shall take statements from witness testifiers. If evidences and documents must be clarified to facilitate the Procuracy’s charges or its approval or rejection of the investigation authority’s decision to charge, witness testifiers’ statements shall be taken by procurators. Witness testifiers' depositions shall be governed by this Article.

Article 187. Written records of witness testifiers’ depositions

A written record of witness testifiers’ depositions shall be made according to Article 178 of this Law.

Witness testifiers’ depositions may be recorded by sound or sound-and-visual means.

Article 188. Summoning of crime victims and litigants for deposition

Summoning of crime victims and litigants for deposition shall be governed by Article 185, 186 and 187 of this Law.

The taking of testimonies from crime victims and litigants may be recorded on sound recorder or camcorder.

Article 189. Confrontation

1. If testimonies from two or several persons come into conflict despite various investigative measures implemented, investigators shall conduct a confrontation. Investigators, before carrying out a confrontation, must inform the equivalent Procuracy to assign procurators administering the confrontation. Procurators must be present to administer the confrontation. The procurators' absence shall be clearly described in the written record of confrontation.

2. Investigators must explain liabilities against witness testifiers or crime victims refusing, avoiding or falsifying depositions, prior to their participation in a confrontation. Such process shall be recorded in writing.

3. Investigators, at the beginning of the confrontation, shall inquire into the mutual relationship of attendees before asking about facts to be clarified. Investigators, after listening to the confrontation, may raise additional questions to each attendee.

Investigators, during the confrontation, can present relevant evidences, documents and items. Attendees may question each other. Their questions and answers shall be reduced to writing.

Attendees’ previous statements shall be restated only after the attendees in the confrontation complete their depositions.

4. The written record of confrontation is made according to Article 178 of this Law. The confrontation may be recorded by sound or sound-and-visual means.

5. Procurators, if necessary, may organize the confrontation. Confrontation shall be governed by this Article.

Article 190. Identification

1. Investigators, when necessary, may present persons, photos or items to witness testifiers, suspects or defendants for identification.

There must be at least three externally identical persons, photos or items to be identified, except for the identification of corpses.

Investigators, prior to the identification, must inform the equivalent Procuracy to assign procurators administering the process of identification. Procurators must be present to administer the identification. The procurators' absence shall be clearly described in the written record of identification.

2. The following persons bear the obligation to attend a process of identification:

a) Witness testifiers, crime victims or defendants;

b) Witnesses.

3. Investigators must explain liabilities against witness testifiers or crime victims refusing, avoiding or falsifying depositions, prior to their participation in a session of identification. Such activities shall be recorded in writing.

4. Investigators must first inquire into the identifying persons' knowledge of facts, traces and traits that may facilitate their progress of identification.

During the process of identification, investigators shall not raise suggestive questions. After the identifying person recognizes an individual, item or photo displayed for identification, investigators shall request to know his justifications from traces and traits that result in the recognition of such individual, item or photo.

5. The written record of identification shall be made according to Article 178 of this Law. The written record shall specify the identity and health conditions of the identifying person and individuals to be identified; characteristics of items and photos shown for identification, identifying persons' statements; lighting conditions during the process of identification.

Article 191. Recognition of voices

1. Investigators, when necessary, may let crime victims, witness testifiers or arrestees, detainees and defendants to recognize voices.

There must be at least three voices in similar timbre and loudness.

Investigators, prior to the recognition of voices, must inform the equivalent Procuracy to assign procurators administering the process of voice recognition. Procurators must be present to administer the process of voice recognition. The procurators' absence shall be clearly described in the written record of voice recognition.

2. The following persons bear the obligation to attend a process of voice recognition:

a) Expert witnesses of sound;

b) Persons requested to recognize voices;

c) Persons presented to be recognized by voice, unless voice recognition is done through a sound recorder;

d) Witnesses.

3. Investigators must explain liabilities against witness testifiers or crime victims refusing, avoiding or falsifying depositions, prior to their participation in a session of voice recognition. Such activities shall be recorded in writing.

4. Investigators must first ask identifying persons about their knowledge of traits that help their recognition of voices.

During the process of voice recognition, investigators shall not raise suggestive questions. After the identifying person recognizes one of the voices projected, investigators shall ask him to explain traits that he relies on to recognize a voice.

5. The written record of voice recognition shall be made according to Article 178 of this Law. The written record shall specify the identity and health conditions of the identifying person and individuals whose voices are recognized; characteristics of voices projected for recognition, identifying persons' statements; lighting conditions during the process of voice recognition.