What is the difference between a witness testifier and a witness in a criminal case in Vietnam? Will the witness testifier be taken to court under forced escort if he/she is not present despite of subpoenas?
What is the difference between a witness testifier and a witness in a criminal case in Vietnam?
Article 66 of the 2015 Criminal Procedure Code of Vietnam provides for witness testifiers as follows:
Witness testifiers
1. Witness testifiers possess knowledge of facts relating to the crime and lawsuit and receive competent procedural authorities' subpoena to testify.
2. The following persons cannot testify:
a) Defense counsels of accused persons;
b) Persons not conscious of facts pertaining to criminal information and lawsuit or not capable of giving judicious testimonies due to their mental or physical impairment.
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.
Article 67 of the 2015 Criminal Procedure Code of Vietnam provides for witnesses as follows:
Witnesses
1. Witnesses are requested by competent procedural authorities to witness legal proceedings according to this Law.
2. The following persons cannot be a witness:
a) Kindred of accused persons or given authority to institute legal proceedings;
b) Persons deprived of judicious consciousness due to mental or physical impairment;
c) Persons less than 18 years old;
d) There are evidences of a person’s bias.
3. Witnesses are entitled to:
a) Be informed and explained about their rights and duties as per this Article;
b) Request authorized procedural persons to abide by the laws and protect their life, health, honor, dignity, property, legitimate rights and benefits, and kindred against menaces;
c) Read reports of legal proceedings, and give opinions on legal proceedings that they witness;
d) Complain about competent procedural authorities and persons’ decisions and legal proceedings pertaining to matters that they witness;
dd) Have expenses covered by summoning authorities as per the laws.
4. Witnesses bear these duties:
a) Appear as per competent procedural authorities’ subpoena;
b) Witness all legal proceedings as requested;
c) Sign records of activities that they witness;
d) Maintain confidentiality of investigative activities that they witness;
dd) Present facts that they witness in honesty at the requests for competent procedural authorities.
Thus, regardless of the rights and obligations of witness testifiers and witnesses, there are basic differences between witness testifiers and witnesses as follows:
- The witness testifier will know the details related to the source of information about the crime and the case, and the witness is only the person who is required to witness the conduct of the proceedings.
- The witness testifier will not have an age limit and the witness must be over 18 years old.
- Witness testifier's testimonies are what they know from sources about the crime and the case, while witnesses' testimonies are facts that they have witnessed in legal proceedings.
What is the difference between a witness testifier and a witness in a criminal case in Vietnam? Will the witness testifier be taken to court under forced escort if he/she is not present despite of subpoenas? (Image from the Internet)
Will the witness testifier be taken to court under forced escort if he/she is not present despite of subpoenas?
In Article 127 of the 2015 Criminal Procedure Code of Vietnam, there are provisions on the measure of coercive delivery and forced escort as follows:
Coercive delivery and forced escort
1. Coercive delivery may apply to persons held in emergency custody or facing charges.
2. Forced escort may apply to:
a) Witness testifiers absent despite of subpoenas not due to force majeure or objective obstacle;
b) Crime victims, not due to force majeure or objective obstacles, refusing expert examination postulated by competent procedural authorities;
c) Persons facing denunciation or requisitions for charges and, through sufficient evidences, found involved in criminal acts leading to charges, but resisting subpoena not because of force majeure or objective obstacle.
3. Investigators, heads of units assigned to investigate, procurators, Presiding judges, and trial panel are entitled to make decisions on coercive delivery and forced escort.
4. A decision on coercive delivery or forced escort must specify full name, date of birth, residential place of the person delivered or escorted by force; time and location for the appearance of such person and other details as stated in Section 2, Article 132 of this Law.
5. Enforcers of decisions on coercive delivery or forced escort shall read and explain such decisions and execute written records of coercive delivery or forced escort as per Article 133 of this Law.
Competent people’s police force and people’s military force shall be responsible for enforcing the decisions on coercive delivery and forced escort.
6. The coercive delivery or forced escort of people must not commence at night. Senile or seriously ill persons with medical facilities’ affirmation shall not be delivered and escorted by force.
Thus, if a witness testifier is not present despite of subpoenas not due to force majeure or objective obstacle, he/she will be escorted by force.
What are the regulations on deposition by witness testifiers in Vietnam?
In Article 186 of the 2015 Criminal Procedure Code of Vietnam, there are provisions on deposition by witness testifiers as follows:
Deposition by witness testifiers in Vietnam
1. A witness testifier’s deposition shall be carried out at the investigative scene, his residential place or workplace or educational facility.
2. If there are several witness testifiers in a case, each person shall give testimonies separately and prevented from interacting with others during the process of deposition.
3. Investigators and investigation officers, before conducting depositions, must explain witness testifiers’ rights and duties as per Article 66 of this Law. Such activities shall be recorded in writing.
4. Investigators, before inquiring into the case, must ask about the relationship of the witness testifiers, suspects and defendants and personal information of the witness testifiers. Investigators, before raising questions, shall ask the witness testifiers to speak or write their knowledge of the case in honest and voluntary manners.
5. If investigators' deposition sessions are deemed biased or unlawful, procurators shall take statements from witness testifiers. If evidences and documents must be clarified to facilitate the Procuracy’s charges or its approval or rejection of the investigation authority’s decision to charge, witness testifiers’ statements shall be taken by procurators. Witness testifiers' depositions shall be governed by this Article.
Thus, a witness testifier’s deposition shall be carried out at the investigative scene, his residential place or workplace or educational facility.
If there are several witness testifiers in a case, each person shall give testimonies separately and prevented from interacting with others during the process of deposition.
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