Are citizens allowed to testify when attending court trials? What is the legal status of money lenders in litigation?
Can citizens attending a trial speak or not?
In a civil case, can citizens attending the trial speak or not?
Answer:
Based on Clause 9, Article 234 of the Civil Procedure Code 2015, the regulation is as follows:
Only those who are approved by the Trial Board are allowed to ask questions, answer, or make statements. Anyone asking questions, answering, or making statements must stand up, except if they are allowed by the presidng judge to sit due to health reasons.
Thus, citizens attending the trial are allowed to speak if approved by the Trial Board.
What is the role of the lender in litigation?
I lent my neighbors a sum of 100 million VND. Now, they are getting divorced and haven't fully paid back the loan. I have asked for the repayment but haven't received it. What role will I have in the court?
Answer:
Based on Clause 4, Article 68 of the Civil Procedure Code 2015 regarding parties involved in civil cases, the regulation is as follows:
A person with related rights and obligations in a civil case is someone who is neither the plaintiff nor the defendant, but the resolution of the civil case affects their rights and obligations. Therefore, they can either propose themselves or be proposed by other involved parties and accepted by the court to participate in the proceedings as someone with related rights and obligations.
Thus, since the couple owes you 100 million VND and they are undergoing a divorce, your role in the litigation is that of a person with related rights and obligations in this case, although you did not initiate the lawsuit nor are you being sued. The resolution of this civil case involves your rights and obligations.
Can a mute or deaf person participate in civil litigation?
Can a mute or deaf person participate in civil litigation? My younger brother is a victim of a robbery and assault case. Our family wants to file a lawsuit, but my brother has been mute since childhood and only uses sign language. Can my brother participate in the lawsuit even though he cannot speak? Please have the Editorial Board of Thu Ky Luat respond. Thank you!
Answer:
The issue you inquired about relates to the language and writing used in civil procedures as specified in Article 20 of the Civil Procedure Code 2015.
A participant in civil litigation who is hearing, speaking, or visually impaired has the right to use the language, signs, and writing specifically for disabled people; in such cases, there must be someone who knows the specific language, signs, and writing of the disabled to translate.
Therefore, your sibling can fully participate in the civil litigation according to the general provisions of the law and perform it via the sign language for disabled people.
The above is the response from the Editorial Board of Thu Ky Luat regarding the language and writing used in civil procedures as specified in the Civil Procedure Code 2015. Please refer to this document for a more detailed understanding.
Sincerely!
