When to conduct confrontation, identification in criminal proceedings in Vietnam? How are confrontation and identification regulated in criminal proceedings?
When to conduct confrontation, identification in criminal proceedings in Vietnam?
Pursuant to the provisions of Clause 1, Article 189 of the 2015 Criminal Procedure Code of Vietnam on confrontation as follows:
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.
Thus, when testimonies from two or several persons come into conflict despite various investigative measures implemented, investigators shall conduct a confrontation.
Pursuant to the provisions of Clause 1, Article 190 of the 2015 Criminal Procedure Code of Vietnam on identification as follows:
Identification
1. Investigators, when necessary, may present persons, photos or items to witness testifiers, suspects or defendants for identification.
Thus, when necessary, investigators may present persons, photos or items to witness testifiers, suspects or defendants for identification.
When to conduct confrontation, identification in criminal proceedings in Vietnam? How are confrontation and identification regulated in criminal proceedings?
How are confrontation regulated in criminal proceedings in Vietnam?
- Confrontation is specified in Article 189 of the 2015 Criminal Procedure Code of Vietnam as follows:
+ 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.
+ 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.
+ 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.
+ The written record of confrontation is made according to Article 178 of the 2015 Criminal Procedure Code of Vietnam.
+ The confrontation may be recorded by sound or sound-and-visual means.
+ Procurators, if necessary, may organize the confrontation.
How are identification regulated in criminal proceedings in Vietnam?
- Identification activities in criminal proceedings are prescribed in Article 189 of the 2015 Criminal Procedure Code of Vietnam as follows:
+ Persons who must attend a process of identification include: witness testifiers, crime victims or defendants; witnesses.
+ 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.
+ 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.
+ 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.
+ The written record of identification shall be made according to Article 178 of the 2015 Criminal Procedure Code of Vietnam. 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.
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