If defendants are not present at the trial, can the trial be held in Vietnam?

If defendants are not present at the trial, can the trial be held in Vietnam?

Pursuant to Clause 2, Article 290 of the 2015 Criminal Procedure Code, the court can only try the defendant in the absence of the defendant in the following cases:

2. The court can only hold a trial in absentia in the following events:

a) The defendant has absconded and remains elusive despite the wanted notice;

b) The defendant is on foreign soil and cannot be summoned to the court;

c) The trial panel approves a request for trial in absentia;

d) The defendant’s absence is not because of force majeure or objective obstacles and does not hinder the trial.

Thus, if the defendant falls into the cases as prescribed above in Vietnam, the court will hold a trial in absentia, which means that even though the defendant is absent, the court will still conduct the trial.

What are rights of defendants in a criminal case when participating in the trial in Vietnam?

Pursuant to Clause 2, Article 61 of the 2015 Criminal Procedure Code, 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.

According to this Article, when participating in the criminal trial in Vietnam, defendants will have the rights as prescribed above.

Best Regards!