Does the representative of the victim have the right to appeal the judgment of the Court in Vietnam?

Does the representative of the victim have the right to appeal the judgment of the Court in Vietnam? What are rights and obligations of the defendants in a criminal case in Vietnam?

Does the representative of the victim have the right to appeal the judgment of the Court in Vietnam?

Pursuant to Clause 2m Article 62 of the Criminal Procedure Code in 2015 stipulating crime victims as follows:

1. Crime victims are physical persons suffering from direct damage to physical body, mentality and property, or organizations whose property and reputation are impaired or threatened.

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.

Does the representative of the victim have the right to appeal the judgment of the Court in Vietnam? - Source: Internet

What are rights and obligations of the defendants in a criminal case in Vietnam?

Pursuant to Article 61 of the Criminal Procedure Code in 2015 stipulating as follows:

Defendants

1. Defendants are physical persons or juridical persons tried as per a Court’s decision. The rights and duties of defendants as suspects are executed by their legal representatives according to this Law.

2. Defendants are entitled to:

a) Obtain decisions on hearing of lawsuits; decisions on enforcement, change or termination of preventive and coercive measures; decisions on case suspension; judgments, Court's rulings and other decisions on legal proceedings as per this Law;

b) Attend the trial;

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

d) Petition for expert examinations, valuation, change of authorized procedural persons, expert witnesses, valuators, interpreters, translators, summoning of witness testifiers, crime victims, individuals having duties and interests from the lawsuit, expert witnesses, valuators, other participants in legal proceedings and authorized procedural persons to the Court;

dd) Present evidences, documents, items and requests;

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

g) Defend themselves or be defended;

h) Give statements and opinions, bear no obligation to testify against themselves or admit to guilt;

i) Inquire and request Court presidents to question courtroom participants with the Court president’s consent; engage in oral arguments in court;

k) Give final statement prior to the deliberation of judgments;

l) Read the Court's report and request amendments to the Court's report;

m) Appeal against the Court’ judgments and rulings;

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

o) Other rights as per the laws.

3. Defendants bear these duties:

a) Appear as per the Court’s subpoena. b) If defendants are absent due to any but not force majeure or objective obstacles, they shall be delivered by force. Fugitives shall be sought;

b) Conform to the Court’s decisions and requests.

Best regards!

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