What is the administrative penalty imposed upon the defendant for bribing or using force to make witness testifiers give false testimonies in Vietnam?
- What are the regulations on punitive actions against individuals hindering legal proceedings of authorities given authority to institute legal proceedings in Vietnam?
- What is the administrative penalty imposed upon the defendant for bribing or using force to make witness testifiers give false testimonies in Vietnam?
- Will the defendant bribing or using force to make witness testifiers give false testimonies liable to criminal prosecution?
What are the regulations on punitive actions against individuals hindering legal proceedings of authorities given authority to institute legal proceedings in Vietnam?
According to Article 466 of the 2015 Criminal Procedure Code of Vietnam on punitive actions against individuals hindering legal proceedings of authorities given authority to institute legal proceedings as follows:
Punitive actions against individuals hindering legal proceedings of authorities given authority to institute legal proceedings in Vietnam
When sentenced persons and other participants in legal proceedings commit one of the following acts, competent procedural authorities shall consider the degree of their violations and decide to deliver or escort them by force, to inflict admonitory penalties or fines, to enforce administrative detention or impose obligations to make restitution for consequences caused, or to institute criminal prosecution according to the laws:
1. Falsify or destroy evidences to obstruct the settlement of affairs and cases;
2. Give false statements or documents;
3. Decline deposition or refuse to provide documents or items;
4. Expert witnesses or property valuators give false findings or refuse to conclude expert examinations or valuation tasks not due to force majeure or objective obstacles;
5. Delude, threaten, bribe or use force to make witness testifiers refrain from testifying or give false testimonies;
6. Delude, threaten, bribe or force witness testifiers to refrain from testifying or to give false testimonies;
7. Delude, threaten, bribe or force expert witnesses or property valuators to refrain from their duties or to give findings that deviate from objective truths;
8. Delude, threaten, bribe or force interpreters and translators to refrain from their duties or to provide false translation;
9. Delude, threaten, bribe or force representatives of authorities and organizations and other individuals to refrain from legal proceedings;
10. Defame the honor, dignity and reputation of authorized procedural persons; threaten or use force or commit other acts to obstruct legal proceedings of authorized procedural persons;
11. Have not appeared despite a subpoena not due to force majeure or objective obstacles; therefore, hinder legal proceedings;
12. Prevent the delivery or announcement of procedural documents by competent procedural authorities.
Thus, punitive actions against individuals hindering legal proceedings of authorities given authority to institute legal proceedings are prescribed as above.
What is the administrative penalty imposed upon the defendant for bribing or using force to make witness testifiers give false testimonies in Vietnam? (Image from the Internet)
What is the administrative penalty imposed upon the defendant for bribing or using force to make witness testifiers give false testimonies in Vietnam?
According to Article 18 of Ordinance No. 02/2022/UBTVQH15 stipulating acts of hindering the verification and collection of evidence by competent agencies and persons as follows:
Hindering verification and collection of evidence by competent agencies or persons
...
3. A fine of between VND 7,000,000 and VND 15,000,000 shall be imposed for one of the following acts:
a) Deluding, threatening, bribing, coercing or using force to make witness testifiers refrain from testifying or give false testimonies, except for the case specified in Clause 5 of this Article;
b) Threatening, using force, causing disorder or other acts to prevent competent persons from conducting on-the-spot inspection, appraisal, price determination, decision to solicit expertise or perform other measures to verify and collect other evidences as prescribed by law;
c) The expert refuses to conclude the assessment without a plausible reason;
d) Failing to participate in the performance of tasks of the Valuation Council without a valid reason.
...
6. Additional penalties:
Confiscate exhibits and means of administrative violations for the acts specified at Point a, Clause 2, Points a and b, Clause 3, and Points a and b, Clause 4 and 5 of this Article.
Thus, according to the regulations, the defendant deluding, threatening, bribing, coercing or using force to make witness testifiers refrain from testifying or give false testimonies may be fined up to VND 15,000,000. In addition, violators shall also have administrative violation material evidences and means confiscated, for the acts specified at Points a and b, Clause 3, Article 18 of Ordinance No. 02/2022/UBTVQH15.
Will the defendant bribing or using force to make witness testifiers give false testimonies liable to criminal prosecution?
Pursuant to Article 384 of the 2015 Criminal Code of Vietnam (amended by point k, Clause 3, Article 2 of the 2017 Law on Amendments to the Criminal Code of Vietnam) on bribing or forcing another person to give testimony or provide documents as follows:
Bribing or forcing another person to give testimony or provide documents
1. Any person who bribes or forces the witness, victim, litigant in a criminal, administrative or civil case to give false testimony or provide untruthful documents or not to give testimony or provide documents; bribes or forces the expert or valuator to give a false conclusion or the translator or interpreter to make incorrect translation shall face a penalty of up to 03 years' community sentence or 03 - 36 months' imprisonment.
2. This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:
a) The offence involves the use of violence, threat of violence or other dangerous methods;
b) The offender abuses his/her position or power to commit the offence;
c) The offence results in misjudgment of the case.
Thus, the defendant bribing or using force to make witness testifiers give false testimonies, leading to misjudgment of the case may be examined for penal liability with a fine of up to 7 years’ imprisonment.
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