How should a witness testifier attending a criminal trial be dressed? Will witnesses failing to attend the hearing be fined?
How should a witness testifier attending a criminal trial in Vietnam be dressed?
Article 256 of the 2015 Criminal Procedure Code of Vietnam provides for the internal rules of a Court as follows:
Internal rules of a Court
1. Every person in court must be dressed properly, conform to the security check and follow the guidelines given by The court clerk.
2. Every person in court must respect the Trial panel, maintain order and follow the instructions by The presiding judge.
3. Every person in court must stand up when the Trial panel enters the Courtroom and pronounces judgments. The defendants must stand up when the procurator announces the charges or the decision to prosecute. The persons summoned by the Court must obtain The presiding judge’s permission before stating their opinions. The persons giving opinions must stand up when stating their viewpoints and responding to questions.
The presiding judge may permit individuals to remain seated due to health conditions.
4. In court, the defendants in detention shall only interact with their defense counsels. They must obtain The presiding judge's permission before interacting with other people.
5. People less than 16 years of age shall not enter the Courtroom, unless summoned by the Court.
In Article 23 of the 2022 Ordinance on Sanctions of Administrative Violations for Acts of Obstructing Proceedings, there are provisions on sanctioning acts of violating the rules of court sessions and meetings as follows:
Acts of violating the rules of court sessions and sessions
1. A warning or a fine of between VND 100,000 and 500,000 shall be imposed for one of the following acts:
a) Using the phone, creating noises or committing other acts to cause disorder at the court hearing;
b) Leaving the electronic device in the state of turning off the camera or turning off the microphone sound despite being reminded by the presiding judge;
c) Failing to get up when the trial panel enters the courtroom or when the trial panel pronounces a sentence without the permission of the presiding judge of the court session;
d) The defendant fails to stand up when the procurator announces the indictment or decides to prosecute without the permission of the presiding judge;
d) Smoking, eating and drinking in the courtroom;
e) Wearing informal clothes, hats, or colored glasses in the courtroom without plausible reasons and without the consent of the presiding judge;
g) The defendant in temporary detention contacts other people who are not his defense counsels without the permission of the presiding judge;
h) Persons between full 14 years old and under 16 years old have been reminded but still enter the courtroom, unless summoned by the court to participate in the court hearing.
Thus, when attending the hearing, they must wear serious clothes, not wear hats, or colored glasses in the courtroom without a valid reason and without the consent of the presiding judge.
How should a witness testifier attending a criminal trial be dressed? Will witnesses failing to attend the hearing be fined? (Image from the Internet)
Will witness testifiers failing to attend the hearing be fined?
In Article 16 of the 2022 Ordinance on Sanctions of Administrative Violations for Acts of Obstructing Proceedings, there are provisions on sanctioning acts of intentionally not being present under the Court's summons as follows:
Act of not being present under the summons of the Court on purpose
A warning or a fine of between VND 100,000 and 1,000,000 shall be imposed on witnesses, interpreters and experts who have been duly summoned by the Court but intentionally do not come to the Court or are not present at the court hearing, the meeting without a legitimate reason and if their absence interferes with the court proceedings.
Thus, if a witness has been duly summoned by the Court but intentionally refuses to attend the court hearing, he/she may be subject to a warning or a fine of between VND 100,000 and 1,000,000.
What are the rights and obligations of witness testifiers when attending court sessions?
Article 66 of the 2015 Criminal Procedure Code of Vietnam provides for witnesses as follows:
Witness testifiers
…
3. Witness testifiers are entitled to:
a) Be informed or explained about their rights and duties as per this Article;
b) Request summoning authorities to protect their life, health, honor, dignity, property, legitimate rights and benefits and kindred against menaces;
c) File complaints about competent procedural authorities and persons’ decisions and legal proceedings appertaining to matters that they testify for and against;
d) Have their expenditure of travel and other expenses covered by summoning authorities as per the laws.
4. Witness testifiers bear these duties:
a) Be present as per competent procedural authorities’ subpoena. If their absence due to any but not force majeure or objective obstacles hinders the handling of criminal information, charges, investigations, prosecution, adjudication, they may be escorted by force;
b) Present facts to their knowledge on criminal information and lawsuits and reasons leading to such knowledge in honesty.
5. If witness testifiers give false testimonies, decline or elude testification for any excuses not relating to force majeure or objective obstacles, they shall incur criminal liabilities as per the Criminal Code.
6. Organizations where witness testifiers work or pursue education are responsible for supporting their testification.
Thus, when participating in the criminal proceedings, the witness testifier will have the rights and obligations as prescribed above.
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