27/12/2024 14:15

Which right of citizen is infringed when a person in Vietnam is unlawfully arrested? What are judgments related to this offense?

Which right of citizen is infringed when a person in Vietnam is unlawfully arrested? What are judgments related to unlawful arrest in Vietnam?

1. Which right of citizen is infringed when a person in Vietnam is unlawfully arrested?

According to Article 20 of the Constitution in 2013:

Article 20.

1. Every person has the right to personal inviolability, is protected by law regarding health, honor, and dignity; not to be tortured, subjected to violence, coercion, corporal punishment, or any other form of treatment that infringes upon physical integrity, health, honors, or dignity.

2. No one shall be arrested without a decision from the People's Court, a decision or approval from the People's Procuracy, except in cases of immediate criminal acts. Arrest, detention, and custody shall be as provided by law.

3. Every person has the right to donate tissues, body parts, and their body in accordance with law. Medical, pharmaceutical, scientific, or any other forms of experimentation on the human body must have the consent of the person being experimented on.

One of the fundamental rights of Vietnamese citizens is the right to personal inviolability, and protection of health, honor, and dignity. No one has the right to arrest another person without a decision from the People's Court or approval from the People's Procuracy, except in cases of immediate criminal acts.

Thus, unlawful arrest is a violation of the right to personal inviolability, and protection of health, honor, and dignity.

2. What are judgments related to unlawful arrest in Vietnam?

Below are some judgments concerning the crime of unlawful arrest:

No.	Judgment Name	Issuance Date	Court
1	Judgment 41/2024/HS-PT on the crime of unlawful arrest	April 9, 2024	People's Court of Province H
2	Judgment 69/2024/HS-ST on the crime of unlawful arrest	March 18, 2024	People's Court of Buon Ma Thuot City
3	Judgment 74/2023/HS-ST on the crime of unlawful arrest	August 30, 2023	People's Court of Tran Van Thoi District, Ca Mau Province
4	Judgment 40/2023/HS-ST on the crime of unlawful arrest	July 31, 2023	People's Court of KX District, Ba Ria – Vung Tau Province
5	Judgment 242/2022/HS-PT on the crime of unlawful arrest	December 26, 2022	People's Court of Tien Giang Province
6	Judgment 106/2022/HS-ST on the crime of unlawful arrest	September 28, 2022	People's Court of Ham Thuan Bac District, Binh Thuan Province
7	Judgment 103/2022/HS-PT on the crime of unlawful arrest	September 5, 2022	People's Court of Khanh Hoa Province
8	Judgment 572/2022/HS-PT on the crime of unlawful arrest	August 19, 2022	High People's Court in Ho Chi Minh City
9	Judgment 28/2022/HS-ST on the crime of unlawful arrest	June 30, 2022	People's Court of Tuy Duc District, Dak Nong Province
10	Judgment 19/2022/HS-ST on the crime of unlawful arrest	June 24, 2022	People's Court of Long Phu District, Soc Trang Province
11	Judgment 61/2022/HS-ST on the crime of unlawful arrest	June 7, 2022	People's Court of Phu Quoc City, Kien Giang Province
12	Judgment 40/2022/HS-ST on the crime of unlawful arrest	May 30, 2022	People's Court of Chau Thanh District, Kien Giang Province
13	Judgment 99/2022/HS-PT on the crime of unlawful arrest	May 19, 2022	People's Court of Binh Duong Province
14	Judgment 66/2022/HS-PT on the crime of unlawful arrest	April 20, 2022	People's Court of Binh Dinh Province
15	Judgment 208/2022/HS-PT on the crime of unlawful arrest	April 8, 2022	High People's Court in Hanoi
16	Judgment 05/2022/HS-ST on the crime of unlawful arrest	January 18, 2022	People's Court of Pleiku City, Gia Lai Province
17	Judgment 407/2021/HS-ST on the crime of unlawful arrest	December 17, 2021	People's Court of Thuan An City, Binh Duong Province
18	Judgment 57/2021/HS-ST on the crime of unlawful arrest	November 30, 2021	People's Court of City H, Dong Thap Province
19	Judgment 116/2021/HS-ST on the crime of unlawful arrest	October 14, 2021	People's Court of Long Dien District, Ba Ria-Vung Tau Province
20	Judgment 79/2021/HS-PT on the crime of unlawful arrest	September 28, 2021	People's Court of Tan Hung District, Long An Province
21	Judgment 32/2021/HS-ST on the crime of unlawful arrest	June 16, 2021	People's Court of Tan An City, Long An Province
22	Judgment 49/2021/HS-ST on the crime of unlawful arrest	May 19, 2021	People's Court of Nho Quan District, Ninh Binh Province
23	Judgment 82/2021/HS-ST on the crime of unlawful arrest	March 29, 2021	People's Court of City TH, Province TH
24	Judgment 37/2021/HS-PT on the crime of unlawful arrest	March 22, 2021	People's Court of Bac Giang Province
25	Judgment 10/2021/HS-ST on the crime of unlawful arrest	March 2, 2021	People's Court of District C, Bac Giang Province
26	Judgment 03/2021/HS-PT on the crime of unlawful arrest	January 11, 2021	People's Court of Vinh Phuc Province
27	Judgment 74/2020/HS-ST on the crime of unlawful arrest	November 27, 2020	People's Court of Dak Mil District, Dak Nong Province
28	Judgment 09/2020/HS-ST on the crime of unlawful arrest	November 26, 2020	People's Court of Muong Nhe District, Dien Bien Province
29	Judgment 40/2020/HS-ST on the crime of unlawful arrest	November 26, 2020	People's Court of District C, Dak Nong Province

- 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

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