Does the injured have the right to request a change of judge in Vietnam?

Does the injured have the right to request a change of judge in Vietnam?

Pursuant to Clause 2, Article 62 of the Criminal Procedure Code 2015, victims or their representatives have the right to:

2. Crime victims or their legal representatives are entitled to:

a) Be informed and explained about their rights and duties as per this Article;

b) Present evidences, documents, items and requests;

c) Confer on relevant evidences, documents and items and request authorized procedural persons to inspect and evaluate such;

d) Requisition expert examinations and valuation as per the laws;

dd) Be informed of results of investigations and lawsuits;

e) Request the change of authorized procedural persons, expert witnesses, valuators, interpreters and translators;

g) Recommend punitive measures, compensation level and guarantees of compensation;

h) Attend the trial; provide opinions, request Court president to question defendants and attendees in court; engage in oral arguments in court to defend their legitimate rights and benefits; read the Court’s reports;

i) Defend or have their legitimate rights and benefits defended;

k) Engage in other activities of legal procedure as per this Law;

l) Request competent procedural authorities to protect their life, health, honor, dignity, property, legitimate rights and benefits, kindred against menaces;

m) Appeal against the Court’s judgments and rulings;

n) Complain about competent procedural authorities and persons’ decisions and legal proceedings;

o) Other rights as per the laws.

According to Clause 2, Article 34 of this Code, procedure-conducting persons include:

2. Presiding officers are:

a) Heads and vice heads of investigation authorities and investigators and investigation officers;

b) Heads and vice heads of The procuracy, procurators and checkers;

c) Court presidents, Vice court presidents, judges, lay assessors, Court clerks, verifiers.  

Thus, in accordance with the above, you have the right to request the change of the judge assigned to participate in the trial of your case in Vietnam.

What circumstances changed the judge in Vietnam?

Pursuant to Article 49 of this Code, persons with procedure-conducting competence must refuse to conduct procedures or be changed in one of the following cases:

Persons given authority to institute legal procedure must refuse to engage in proceedings or submit to replacement in the following events:  

1. They are crime victims, litigants, or delegates, relatives of crime victims, litigants, suspects or defendants;

2. They have acted as defense counsels, witness testifiers, verifiers, valuators, interpreters or translators in the lawsuits;

3. Clear grounds of their potential bias at work are found.

According to this Article, the judge in Vietnam will be changed depending on the circumstances as prescribed above.

Best Regards!