Can 16 years old persons be witnesses in Vietnam?
Please ask, according to the current criminal law: Can 16 years old persons be witnesses in Vietnam?
Can 16 years old persons be witnesses in Vietnam?
Pursuant to Point c, Clause 2, Article 67 of the Criminal Procedure Code 2015 provides as follows:
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.
Therefore, a person less than 18 years old will not be a witness in a criminal case, moreover, a witness is a person who is requested by a competent procedure-conducting agency to witness the conduct of legal proceedings. According to the provisions of the Penal Code in Vietnam, one of the reasons is to exclude those who do not have sufficient cognitive capacity, behavioral capacity, age to be able to properly identify and witness the behavior, procedural activities of competent authorities.
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