What is the administrative penalty imposed on an expert for disclosing secret information acquired during the performance of judicial expertise in Vietnam?
- Can an expert disclose secret information acquired during the performance of judicial expertise?
- What is the administrative penalty imposed on an expert for disclosing secret information acquired during the performance of judicial expertise in Vietnam?
- What are the rights and obligations of judicial expertise performers when performing judicial expertise in Vietnam?
Can an expert disclose secret information acquired during the performance of judicial expertise?
According to Article 6 of the 2012 Law on Judicial Expertise of Vietnam (Clause 3 of this Article is amended by Clause 3, Article 1 of the 2020 Law on Amendments to Law on Judicial Expertise), prohibited acts are specified as follows:
Prohibited acts
1. Refusing to make judicial expertising conclusions without any plausible reason.
2. Intentionally making untruthful judicial expertising conclusions.
3. Intentionally prolonging the performance of judicial expertise or exploiting judicial expertise solicitation or request to complicate and obstruct procedural activities.
4. Taking advantage of judicial expertise to seek personal benefits.
5. Disclosing secret information acquired during the performance of judicial expertise.
6. Enticing or forcing judicial expertise performers to make untruthful judicial expertising conclusions.
7. Intervening in or obstructing expertise activities of judicial expertise performers.
Thus, according to regulations, experts are prohibited from disclosing secret information acquired during the performance of judicial expertise.
What is the administrative penalty imposed on an expert for disclosing secret information acquired during the performance of judicial expertise in Vietnam? (Image from the Internet)
What is the administrative penalty imposed on an expert for disclosing secret information acquired during the performance of judicial expertise in Vietnam?
Pursuant to Article 20 of Decree No. 82/2020/ND-CP on violations against regulations on judicial expertise activities as follows:
Violations against regulations on judicial expertise activities
1. A fine of between VND 3,000,000 and VND 7,000,000 shall be imposed for one of the following acts:
a) Prolonging the expertise period without plausible reasons;
b) Failing to promptly and fully record the entire process of expertise in writing;
c) Failing to fully comply with regulations on making, keeping and preserving expertise dossiers;
d) Failing to create conditions for judicial experts to conduct expertise;
dd) Failing to explain expertising conclusions at the request of the solicitor or expertise requester without plausible reasons;
e) Notifying on time or failing to notify in writing as prescribed to the solicitor, the person requesting the expertise in case of refusal of the expertise.
2. A fine of between VND 7,000,000 and VND 10,000,000 shall be imposed for one of the following acts:
a) Swapping or falsifying expertise objects;
b) Failing to preserve specimens and documents related to the expertise case;
c) Disclosing the contents of expertise conclusions to others without the written consent of the solicitor or expertise requester;
d) Failing to make or keep expertise dossiers;
dd) Failing to conduct the expertise according to the contents of the expertise request;
e) Failure to comply with the expertise process and professional standards during the expertise;
g) Erasing, correcting, or falsifying the expertise conclusions;
h) Interfering with or obstructing the expertise of judicial expertise;
i) Failing to assign or assign persons without professional capacity in accordance with the contents of expertise solicitation or request;
k) Making a conclusion of the expertise of non-compliance in terms of form or content as prescribed;
l) Conclusion of expertise on matters not within the required professional scope.
3. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for one of the following acts:
a) Taking advantage of the expertise for self-seeking purposes;
b) Disclosing secret information acquired during the performance of judicial expertise;
c) Refusing to draw expert conclusions without a legitimate reason but not yet to the point of criminal prosecution;
d) The expertise conclusion is untrue but not to the extent of criminal prosecution;
dd) Carrying out the expertise in cases where the expertise must be refused according to the provisions of law;
e) Untruthfully recording results in the expertise process but not to the extent of criminal prosecution.
4. Remedial measures:
a) Proposing competent procedure-conducting agencies to consider the use of expertising conclusions when detecting violations that affect the contents of expertise conclusions, for violations specified at Points a, dd, e, g and i Clause 2, Points d, dd and e Clause 3 of this Article;
b) Forcible return of illegal profits obtained from committing violations specified at Point a, Clause 3 of this Article.
Thus, an expert disclosing secret information acquired during the performance of judicial expertise will be subject to an administrative fine of up to VND 15,000,000.
The above fines are imposed on individuals; the fines incurred by an organization are twice as much as that incurred by an individual for the same administrative violation.
What are the rights and obligations of judicial expertise performers when performing judicial expertise in Vietnam?
Pursuant to Article 23 of the 2012 Law on Judicial Expertise of Vietnam (Clause 1 of this Article is supplemented by Clause 13, Article 1 of the 2020 Law on Amendments to Law on Judicial Expertise), the rights and obligations of judicial expertise performers when performing judicial expertise are specified as follows:
- Judicial expertise performers have the following rights:
+ To select necessary and appropriate methods of performing expertise according to contents requested for expertise;
+ To use additional experimental or testing results or professional conclusions made by other institutions or individuals for their expertise;
+ To be independent in making expertising conclusions.
+ Petition the judicial expertise solicitor or the competent authority to take protective measures as prescribed by law if there is a sign that life, health, honor, dignity or property of the judicial expert himself/herself or his/her relatives is at risk due to his/her implementation of judicial expertise or participation in a case or matter in the name of a judicial expert;
+ Refuse to carry out the judicial expertise activity in cases prescribed in Clause 2 of Article 11 herein;
+ Take an appropriate seat while participating in the court process.
- Judicial expertise performers have the following obligations:
+ To comply with the principles of judicial expertise;
+ To perform expertise strictly according to contents requested for expertise;
+ To make and notify expertising conclusions within the requested time limit; in case of additional time needed for performance of expertise, promptly notify such to expertise solicitors or requesters;
+ To prepare expertise dossiers;
+ To preserve expertised samples and documents relevant to expertised cases or matters;
+ Not to notify expertising results to other parties, unless so agreed in writing by expertise solicitors or requesters;
+ To bear personal responsibility for their expertising conclusions. In case of intentionally making untruthful expertising conclusions, thus causing damage to individuals or institutions, to pay compensations for damage or refund expenses in accordance with law.
- In addition to the rights and obligations specified in Clauses 1 and 2 of this Article, judicial expertise performers have other rights and obligations provided by the law on procedure.
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