Vietnam: Who is considered an accused person? Is an accused person considered a crime?
- Who is considered an accused person in Vietnam?
- Is an accused person considered a crime in Vietnam?
- Who is held liable for proving guilt in Vietnam? Is an accused person in Vietnam required to prove his/her innocence?
- What are the essential details to be elucidated in the process of legal proceedings against accused persons under 18 in Vietnam?
Who is considered an accused person in Vietnam?
Pursuant to Point dd, Clause 1, Article 4 of the Criminal Procedure Code 2015 as follows:
Terminology
1. In this Law, words and phrases below are construed as follows:
...
dd) Accused persons include arrested persons, detainees, suspects, and defendants.
Accordingly, the accused persons are:
(1) Persons arrested in cases of arrest under the provisions of the Code of Criminal Procedure. The apprehension of persons refers to emergency custody, arrest of perpetrators of crimes in flagrant or wanted fugitives, the capture of suspects and defendants for detention, and arrest of persons for extradition. (Clause 2, Article 109 of the Criminal Procedure Code 2015)
(2) Temporary detainees are held in emergency captivity or arrested for criminal acts in flagrant or wanted notices or those confessing or surrendering and facing existing orders of temporary detainment. (Clause 1, Article 59 of the Criminal Procedure Code 2015)
(3) 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 (Clause 1, Article 60 of the Criminal Procedure Code 2015)
(4) 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. (Clause 1, Article 61 of the Criminal Procedure Code 2015)
Is an accused person considered a crime in Vietnam?
Pursuant to Article 13 of the Criminal Procedure Code 2015, there are the following provisions:
Presumption of innocence
An accused person is deemed innocent until his guilt is evidenced according to the procedures and formalities as defined in this Law and a Court passes a valid conviction.
If grounds for conviction, as per the procedures and formalities in this Law, do not suffice, competent procedural authorities and persons shall adjudge the accused person to be not guilty.
Accordingly, an accused person is deemed innocent until his guilt is evidenced according to the procedures and formalities as defined in this Law and a Court passes a valid conviction. Therefore, an accused person is not considered a crime in Vietnam.
Who is held liable for proving guilt in Vietnam? Is an accused person in Vietnam required to prove his/her innocence?
Pursuant to Article 15 of the Criminal Procedure Code 2015, there are the following provisions:
Determination of facts in a lawsuit
Competent procedural authorities are held liable for proving guilt. An accused person is entitled to but is not obliged to prove his innocence.
Competent procedural authorities, within their duties and authority, must use legitimate measures to determine the facts of a lawsuit in unbiased, thorough and complete ways, to clarify the evidence of guilt and innocence, aggravation and mitigation of criminal liabilities of the accused person.
Accordingly, the competent procedural authorities are held liable for proving guilt. Specifically, pursuant to Clause 1, Article 34 of the Criminal Procedure Code 2015 and Clause 1, Article 35 of the Criminal Procedure Code 2015, the obligation to prove for proving guilt belongs to:
(1) Criminal procedural authorities:
- Investigation authorities;
- Procuracy;
- Courts.
(2) Authorities assigned to perform certain activities of investigation:
- Border protection force’s units;
- Customs authorities;
- Forest ranger’s units;
- Maritime police force’s units;
- Fisheries resources surveillances units;
- People’s police force’s units assigned to perform certain activities of investigation (referred to as units assigned to investigate);
- Other units in the People’s Army, as assigned to perform certain activities of investigation.
Under the criminal procedure code, the accused person has the right but is not required to prove his or her innocence.
In short, the accused person is not required to prove his or her innocence.
What are the essential details to be elucidated in the process of legal proceedings against accused persons under 18 in Vietnam?
Pursuant to Article 416 of the Criminal Procedure Code 2015, there are the following provisions:
Elucidation of essential details in the process of legal proceedings against accused persons, whose age is under 18
1. The age, physical and spiritual growth level, and awareness level of crimes of persons aged under 18
2. The conditions of life and education.
3. The incitement by persons from 18 years of age.
4. The reasons, conditions and circumstances that lead to crimes.
Thus, the essential details to be elucidated in the process of legal proceedings against accused persons under 18 in Vietnam are:
- The age, physical and spiritual growth level, and awareness level of crimes of persons aged under 18
- The conditions of life and education.
- The incitement by persons from 18 years of age.
- The reasons, conditions, and circumstances that lead to crimes.
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