Vietnam: What are the guidelines for distinguishing the suspect and the defendant according to the Criminal Procedure Code 2015? When does the suspect become the defendant?

"What are the guidelines for distinguishing the suspect and the defendant according to the Criminal Procedure Code 2015? When does the suspect become the defendant?" - asked Ms. Thanh (Thai Binh)

What are the definitions of "suspect" and "defendant" in Vietnam?

According to Clause 1, Article 60 of the Criminal Procedure Code 2015 and Clause 1, Article 61 of the Criminal Procedure Code 2015, "suspect" and "defendant" are defined as follows:

- Suspects are physical persons or juridical persons facing criminal charges. The rights and duties of juridical persons as suspects are executed by their legal representatives according to the provisions of the Criminal Procedure Code.

- Defendants are physical persons or juridical persons tried as per a Court’s decision. The rights and duties of defendants as suspects are executed by their legal representatives according to the provisions of the Criminal Procedure Code.

Distinction between suspect and defendant according to legal proceedings regulations? When does a suspect become a defendant?

Vietnam: What are the guidelines for distinguishing the suspect and the defendant according to the Criminal Procedure Code 2015? When does the suspect become the defendant? (Image from the internet)

What are the commonalities of "suspect" and "defendant" in Vietnam?

Both "suspect" and "defendant" are subjects regulated in the Criminal Procedure Code 2015.

If the subject is a legal entity, the rights and obligations of the suspect, and defendant are exercised through the legal representative of that entity.

The suspect and defendant share several common rights and obligations as follows:

- Reaceving information and explanation about their rights and obligations;

- Submitting evidence, documents, objects, and requests;

- Defending themselves or having a defense counsel;

- Expressing opinions on related evidence, documents, and objects, and requesting the competent authority to review and evaluate;

- Making statements, expressing opinions, not being compelled to testify against oneself or admit guilt;- Requesting an expert examination or asset valuation;

- Requesting the change of the competent proceeding official, expert, property valuer, interpreter, translator;

- Complaining against procedural decisions and actions of the competent proceeding authorities;

- If summoned by the competent authority (proceeding official with the suspect, court with the defendant), if:

+ Absent without a force majeure reason or inevitable obstacle, they can be escorted;

+ If they escape, they will be chased.

What are the differences between "suspect" and "defendant" in Vietnam?

According to the Criminal Procedure Code 2015, "suspect" and "defendant" are distinguished based on the following criteria:

Criteria	Suspect	Defendant
Legal basis	Article 60 of the Criminal Procedure Code 2015	Article 61 of the Criminal Procedure Code 2015
Definition	Suspects are physical persons or juridical persons facing criminal charges.	Defendants are physical persons or juridical persons tried as per a Court’s decision.
Stage of proceedings	Prosecution, investigation, indictment stages	Trial stage
Rights	- Being informed of reasons for charges against them; - Receiving the following documents: + Decision to prosecute the suspect; decision to amend or supplement the prosecution decision; decision approving the prosecution decision; decision approving the amendment or supplement of the prosecution decision; + Decision to apply, amend, cancel preventive measures, or coercive measures; + Investigation conclusion; decision to suspend or temporarily suspend the investigation; decision to suspend or temporarily suspend the case; + Indictment, prosecution decision, and other procedural decisions; - Reading, copying documents related to the accusation, defense or other related documents from the end of the investigation upon request;	- Receiving the following documents: + Decision to bring the case to trial; + Decision to apply, amend, cancel preventive measures, coercive measures; decision to suspend the case; + Judgment, court decision, and other procedural decisions as per this Code; - Participating in the trial; - Requesting the summoning of witnesses, victims, persons with related interests and obligations, experts, property valuers, other participants in proceedings and competent authorities to attend the trial; - Requesting the presiding judge to question or themselves questioning participants in the trial with the presiding judge's consent; - Arguing at the trial; - Giving the last words before the deliberation; - Reviewing trial records, requesting amendments, and supplements to the trial records; - Appealing against the court's judgment, decision; - Other rights as stipulated by law.
Obligations	- Presenting according to the summons of the competent proceeding official. - Complying with decisions and requests of the competent proceeding authorities.	- Presenting according to the court's summons. - Complying with court decisions and requests.

LawNet

- This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts;
- Articles may be compiled from a variety of sources;
- Applicable Terms may have expired at the time you are reading;
- If you have any questions about the copyright of the article, please contact us via email banquyen@lawnet.vn;

Legal Grounds

The latest legal advice

{{i.Title}}

Address:	19 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City
Phone:	(028) 7302 2286 (6 lines)
E-mail:	info@lawnet.vn