Are charges included in the procedural documents in Vietnam? When shall a charge in Vietnam be announced?

Are charges included in the procedural documents in Vietnam?

Are charges included in the criminal procedural documents in Vietnam?

Answer:

Pursuant to Clause 1 Article 132 of the Criminal Procedure Code in 2015 stipulating as follows:

Procedural documents include orders, decisions, requests, investigation findings, charges, judgments and other procedural documents universally formatted for procedural activities.

As regulations above, charges are included in the procedural documents in Vietnam.

Are charges included in the procedural documents in Vietnam? When shall a charge in Vietnam be announced? - Source: Internet

When shall a charge in Vietnam be announced?

Hello Lawnet. I am a third-year student at a university. I have not had the opportunity to experience a trial in person, so I am still not sure what to expect. I have been doing some research, but I would also appreciate some help from you. Specifically, I would like to know: When is the charge in a criminal case announced? Which document regulates this issue? I look forward to your response.

Answer:

Pursuant to Article 306 of the Criminal Procedure Code in 2015 stipulating announcement of charges as follows:

- Procurators, before engaging in the questioning session, shall announce the charges and state additional opinions, if available. Additional opinions must not exacerbate the defendants' situations.

- In addition, I would like to provide you with more information on the procedure for questioning at trial:

+ The jury must fully determine all the details of each event, each crime in the case, and each person. The presiding judge presides over the questioning and decides who will ask first and who will ask later in a reasonable order.

+ When questioning each person, the presiding judge asks first and then decides whether to let the judges, jurors, prosecutors, defense attorneys, and persons protecting the legitimate rights and interests of the parties conduct the questioning.

The participants in the proceedings at the trial have the right to request the presiding judge to ask additional questions about the details that need to be clarified.

Experts and appraisers are asked about issues related to the appraisal and valuation of assets.

+ When questioning, the jury examines the relevant evidence in the case.

Shall the conclusion of the charging documents in Vietnam specify offence titles and articles, sections and points?

Shall the conclusion of the charging documents in Vietnam specify offence titles and articles, sections and points?

Answer:

Pursuant to Article 243 of the Criminal Procedure Code in 2015 stipulating decision to prosecute suspects as follows:

The procuracy shall decide to prosecute a suspect in a Court through charging documents.

Charging documents shall detail the progress and acts of crime; evidences clarifying suspects’ crimes, their artifices, motives, purposes, nature and degree of damage caused by the crimes; preventive and coercive measures enforced, altered or terminated; factors aggravating and mitigating criminal liabilities, traits and personal record of suspects; seizure and impoundment of documents and items, handling of evidences; reasons and circumstances leading to the crimes and other facts significant to the case.

The conclusion of the charging documents shall specify offence titles and articles, sections and points quoted from the Criminal Code.

Charging documents shall specify their date of issuance, full name and position of the person releasing such documents and bear his signature.

As regulations above, the conclusion of the charging documents in Vietnam shall specify offence titles and articles, sections and points. This is to clearly state what crime the suspect is being prosecuted for and under what provision, in order to serve other procedural activities in the future.

Best regards!