Can the victim's wife be an expert witness in a criminal case in Vietnam?

Can the victim's wife be an expert witness in a criminal case in Vietnam?

My husband recently had a traffic accident, and I am currently working at the police department's injury examination department. Can I become an expert witness to participate in legal proceedings?

Reply:

According to the provisions of Clause 5, Article 68 of the 2015 Criminal Procedure Code, expert witnesses must decline to engage in legal proceedings or submit to replacement in the following events:

a) They are concurrently crime victims, litigants, or representatives or kindred of crime victims, litigants, suspects or defendants;

b) Having performed the role of defense counsels, witness testifiers, interpreters, translators or valuators in the lawsuit;

c) Having engaged in legal proceedings of the lawsuit.

Thus, in your case, because you are the wife of the victim, according to regulations in Vietnam, relatives will not be able to participate as expert witnesses to participate in the proceedings.

Can the victim's wife be an expert witness in a criminal case in Vietnam? (Image from the Internet)

When experimental investigation, does it have to have a representative of the victim's family in Vietnam?

I have seen in a number of recent criminal cases that the prosecution agencies organized experiments at the scene where the criminal case occurred. So let me ask. According to regulations, is it mandatory to have the victim's family present when conducting experiments on a criminal crime scene? Look forward to receiving your feedback.

Reply:

In Article 204 of the 2015 Criminal Procedure Code, it is stipulated:

1. Investigation authorities, in order to inspect and verify documents and acts significant to solve the case, may conduct experimental investigation by reproducing a crime scene, replaying acts, situations or other facts of a certain event and by performing other experimental activities deemed necessary. An experimental investigation requires measurements, photographs, video recording, sketches. Results of the experimental investigation shall be specified in writing.

An experimental investigation is prohibited from violating the life, health, honor, dignity and property of participants in the investigation and other people.

2. Investigators, before conducting an experimental investigation, must inform the equivalent Procuracy of the time and location of the investigation. Procurators must be present to administer an experimental investigation. The procurators' absence shall be specified in writing.

3. Investigators shall organize the execution of an experimental investigation. Witnesses during the investigation is required.

Investigation authorities may summon a specialist to participate in an experimental investigation. Temporary detainees, suspects, defense counsels, crime victims and witness testifiers, if necessary, may be participate in an experimental investigation.

4. The procuracy, if necessary, shall administer an experimental investigation. Experimental investigations shall be conducted according to this Article.

Thus, according to the above regulations in Vietnam, when carrying out a criminal case, it is not required to have a representative of the victim's family, but only requires a Procurator of the Procuracy at the same level and someone to witness the current experiment. 

We respond to your information.

Can victims have their own examinations in Vietnam?

Recently, while my neighbor's family and I had a conflict, they beat me to a bloody pulp on my head and some parts of my arms and legs. Because I was so upset with the act of disregarding the law and disregarding my life, I reported it to the police. I know that causing an injury of 11% or more can result in criminal prosecution. According to the doctor, my injury is about 15%. I plan to go for an examination myself and submit the results, which is the evidence, but I'm not clear: Can victims have their own examinations in Vietnam? Please advise.

Reply:

In Article 210 and Article 211 of the 2015 Criminal Procedure Code, there are provisions as follows:

Article 210. Additional expert examinations

1. Additional expert examinations shall be conducted in the following events:

a) Findings from an expert examination are obscure or inadequate;

b) Expert examinations must be carried out on new matters in connection with existing facts of the case, which were verified through previous examinations.

2. Additional expert examinations may be conducted by entities performing previous ones or other entities.

3. The requisition for additional expert examinations shall be processed in the same method of the first examination.

Article 211. Repeated expert examinations

1. Expert examinations shall be repeated when the accuracy of the first examination is in doubt. A repeated expert examination must be performed by different expert witnesses.

2. The authority requisitioning expert examinations shall decide the repetition of an examination on its own discretion or according to petitions by participants in legal proceedings. If the individual authorized to requisition expert examination rejects the request for examination repetition, the person making such request shall be informed in writing of the rejection and reasons.

3. If the repeated expert examination and the initial one inspect the same matter but produce different findings, the individual authorized to requisition examinations shall make decisions on repeating the examination for the second time. The second repeated expert examination shall be conducted by the panel of expert examination according to the Law on judicial expert examination.

Based on the above regulations in Vietnam, you can make a request for expertise and send it to the agency conducting the proceedings. In addition, to have enough basis for requesting an examination, you can go for an examination yourself and then use the results as evidence for your request for examination. The authorities will use your results as evidence to re-evaluate your injuries and after having new results, they will be used as the examination conclusion for the case.

Above is the consulting content.

Best regards!