Who are the litigants in a criminal lawsuit? Who are defenders of legitimate rights and benefits of litigants in a criminal lawsuit in Vietnam?
Who are the litigants in a criminal lawsuit in Vietnam?
Based on point g, clause 1, Article 4 of the Criminal Procedure Code 2015:
Litigants include civil plaintiffs, civil defendants, and persons with related rights and obligations in a criminal lawsuit.
Litigants in a criminal lawsuit specifically include civil plaintiffs, civil defendants, and persons with related rights and obligations in the criminal lawsuit. To be specific:
- A civil plaintiff is an individual, agency, or organization that has suffered damage caused by a crime and has filed a compensation claim, as stated in clause 1, Article 63 of the Criminal Procedure Code 2015.
- A civil defendant is an individual, agency, or organization that, according to the law, must bear responsibility for compensation, as stated in clause 1, Article 64 of the Criminal Procedure Code 2015.
- A person with related rights and obligations in a criminal lawsuit is an individual, agency, or organization with related rights and obligations in the criminal lawsuit, as stated in clause 1, Article 65 of the Criminal Procedure Code 2015.
Who are the litigants in a criminal lawsuit? Who are defenders of legitimate rights and benefits of litigants in a criminal lawsuit in Vietnam?
How to handle when the person given authority to institute legal procedure is also a litigant in the criminal lawsuit in Vietnam?
According to Article 49 of the Criminal Procedure Code 2015:
Cases requiring recusation or replacement of persons conducting proceedings
Persons conducting proceedings are required to recusate or may be replaced in the following situations:
1. Simultaneously being a victim, litigant; being a representative, close relative of the victim, litigant, suspect, or defendant;
2. Previously participated as a defender, witness, expert, valuator, interpreter, or translator in the same case;
3. There is clear evidence suggesting their impartiality may be compromised in fulfilling their duties.
If a person conducting proceedings is simultaneously a litigant in the criminal lawsuit, this person must recusate from conducting the proceedings or be replaced.
If a person conducting proceedings is simultaneously a litigant in the criminal lawsuit, they must recusate from conducting the proceedings or be replaced.
Who are defenders of legitimate rights and benefits of litigants in a criminal lawsuit?
According to Article 84 of the Criminal Procedure Code 2015:
Defenders of legitimate rights and benefits of crime victims or litigants
1. Defenders of legitimate rights and benefits of crime victims or litigants are those asked by victims and Litigants to defend their lawful rights and interests.
2. Defenders of legitimate rights and benefits of crime victims or litigants can be:
a) Lawyers;
b) Representatives;
c) People's defenders;
d) Legal aid providers.
3. Defenders of legitimate rights and benefits of crime victims or litigants have the rights:
a) To present evidence, documents, objects, and requests;
b) To examine, evaluate, and present opinions on evidence, documents, objects related, and request competent persons conducting proceedings to examine and evaluate;
c) To request for assessments and valuation of assets;
d) To be present when competent authorities conduct interviews, confrontations, identifications, and voice recognition of the person they are defending; to read, note down, and photocopy documents in the case file related to the protection of the victim's and litigant's rights after the investigation ends;
đ) To participate in questioning and arguing at the trial; to review the minutes of the trial;
e) To complain about decisions and procedural acts of authorities and persons conducting proceedings;
g) To propose the replacement of persons conducting proceedings, experts, valuators, interpreters, and translators;
h) To appeal against parts of the court judgment or decision related to the rights and obligations of the person they are defending, who is under 18 years old, or has mental or physical disabilities.
4. Defenders of legitimate rights and benefits of crime victims or litigants have the duties:
a) To use means prescribed by law to clarify the objective truth of the case;
b) To assist victims and Litigants legally to protect their lawful rights and interests.
Therefore, persons defending the lawful rights and interests of Litigants in a criminal lawsuit are those asked by Litigants to defend their lawful rights and interests. Such persons can be:
- Lawyers;
- Representatives;
- People's defenders;
- Legal aid providers.
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