During the process of handling a criminal case, does the suspect in Vietnam have the right to read the criminal case file?

During the process of handling a criminal case, does the defendant in Vietnam have the right to read the criminal case file?

Pursuant to Clause 2 Article 60 of the Criminal Procedure Code in 2015, suspects are entitled to:

- Be informed of reasons for charges against them;

- Be informed or explained about their rights and duties as per this Article;

- Acquire decisions on charges against suspects and amendments to such decisions; written approvals of such decisions or amendments; decisions on enforcement, change or termination of preventive and coercive measures; final reports of investigation; decisions on suspension and suspension of investigations; decisions of suspension and suspension of lawsuits; charges, decisions on prosecution and other decisions on legal proceedings according to this Law;

- Give statements and opinions and bear no obligation to testify against themselves or admit to guilt;

- Present evidences, documents, items and requests;

- Confer on relevant evidences, documents and items and request authorized procedural persons to check and evaluate such;

- Requisition expert examinations, valuation; changes of authorized procedural persons, expert witnesses, valuators, interpreters and translators;

- Defend themselves or be defended;

- Read and write digital documents or copies of such regarding charges and vindication or other copies related to their defense, upon requests, after the end of investigations;

- Complain about authorized procedural persons’ decisions and actions of legal procedure.

As regulatiosn above, during the process of handling a criminal case, the suspect does not have the right to read the criminal case file. However, they are entitled to read, take notes, or request copies of relevant documents or digital documents related to the charges, the lifting of charges, or other documents related to their defense, starting from the conclusion of the investigation upon request.

During the process of handling a criminal case, does the suspect in Vietnam have the right to read the criminal case file? - Image from Internet

Can the suspect have access to the original copies of various types of documents?

According to Clause 1 Article 3 of Joint Circular 02/2018/TTLT-BCA-VKSNDTC-TANDTC-BQP, the access to documents related to charges and the lifting of charges is stipulated as follows:

The competent authorities conducting the prosecution and handling of a case shall make copies or digitize documents related to charges, the lifting of charges, and other documents related to defense (referred to collectively as "documents") available for the suspect or their legally authorized representative from a commercial entity committing a criminal offense to read and take notes upon their request, unless it falls under one of the cases specified in Clause 2 of this Article.

Therefore, during the process of handling a criminal case, the suspect is only allowed to read and take notes on copies or digital documents related to charges, the lifting of charges, and other documents related to defense.

Best regards!