Can a 16-year-old be a witness in Vietnam? Will the witness be paid for travel expenses, such as plane tickets or train and bus fares in Vietnam?
Can a 16-year-old be a witness in Vietnam? Will the witness be paid for travel expenses, such as plane tickets or train and bus fares in Vietnam? Can a witness intentionally be absent from a criminal case in Vietnam?
Can a 16-year-old be a witness in Vietnam?
According to the law, can a 16-year-old be a witness in Vietnam?
Answer:
Pursuant to Clause 2.c Article 67 of the Criminal Procedure Code in 2015 stipulating as follows:
The following persons cannot be a witness:
- Kindred of accused persons or given authority to institute legal proceedings;
- Persons deprived of judicious consciousness due to mental or physical impairment;
- Persons less than 18 years old;
...
Therefore, individuals under the age of 18 are not allowed to be witnesses in criminal cases. Furthermore, a witness is a person designated by the competent authority conducting the proceedings to witness the conduct of the legal proceedings, as stipulated in the Criminal Procedure Code. One of the reasons for this is to exclude cases where individuals may not have the necessary cognitive and behavioral capacity or age to accurately perceive and witness the actions and proceedings of the competent authority.
Can a 16-year-old be a witness in Vietnam? Will the witness be paid for travel expenses, such as plane tickets or train and bus fares in Vietnam? - Image from Internet
Will the witness be paid for travel expenses, such as plane tickets or train and bus fares in Vietnam?
I am a witness in a criminal case in Hanoi, but I am originally from Kien Giang. Recently, the Court summoned me to Hanoi to testify. The Court informed me that they would cover an airplane ticket for me without any cost. Is this correct?
Answer:
Pursuant to Clause 3 Article 66 of the Criminal Procedure Code in 2015, a witness has the right to:
+ Be informed or explained about their rights and duties as per this Article;
+ Request summoning authorities to protect their life, health, honor, dignity, property, legitimate rights and benefits and kindred against menaces;
+ File complaints about competent procedural authorities and persons’ decisions and legal proceedings appertaining to matters that they testify for and against;
+ Have their expenditure of travel and other expenses covered by summoning authorities as per the laws.
According to the above provisions, a witness is entitled to have their transportation expenses and other costs covered by the summoning authority as specified by the law.
Can a witness intentionally be absent from a criminal case in Vietnam?
I am a witness in a criminal case. I have received a summons to appear in court. However, I do not want to attend. Am I allowed to be absent? Will I be escorted by force to attend?
Answer:
Pursuant to Article 293 of the Criminal Procedure Code in 2015 stipulating attendance of witness testifiers as follows:
- Testifiers shall attend the trial to elucidate facts of a case. If a testifier is absent but gives statements to investigation authorities, the presiding judge shall announce such statements. If a witness testifier for vital issues of the case is absent, the Trial panel shall, as the case may be, decide to adjourn or continue the trial.
- If a witness testifier is summoned by the Court but is intentionally absent not due to force majeure or objective obstacles, the Trial panel shall decide to escort by force such witness testifier, whose absence is deemed to hinder the trial, according to this Law.
Therefore, if you are summoned by the Court but are intentionally absent not due to force majeure or objective obstacles, the Trial panel shall decide to escort by force you, whose absence is deemed to hinder the trial.
Best regards!
