In a criminal case, can defendants raise questions to crime victims in Vietnam?
In a criminal case, can defendants raise questions to crime victims in Vietnam? My brother is currently a defendant in a criminal case. In the near future, there will be a trial, so during the trial, does my brother have the right to raise questions to crime victim related to himself to prove his innocence? Or can only the presiding judge be asked? My brother wants to be able to ask the witness in this case, is it possible?
In a criminal case, can defendants raise questions to crime victims in Vietnam?
Pursuant to Article 310 of the 2015 Criminal Procedure Code, which provides for questioning of crime victims, litigants or their representatives are as follows:
Crime victims, litigants or their representatives shall present the case's facts associated with them. After such persons' presentations, the Trial panel, Procurators, defense counsels and protectors of legitimate rights and benefits of crime victims and litigants shall ask them more about insufficient or contradictory details in their speech.
Defendants, when permitted by the presiding judge, shall raise questions to crime victims, litigants or their representatives about matters related to the defendants.
Thus, according to the above provisions in Vietnam, if your brother is the defendant in a criminal case, he can raise questions if the presiding judge agrees. However, only questions related to the defendant will be asked.
In a criminal case, can defendants raise questions to witness testifiers in Vietnam?
Article 311 of the Criminal Procedure Code 2015 provides for questioning of witness testifiers as follows:
1. Each witness testifier shall be questioned separately. None of the witness testifiers is allowed to gain knowledge of each other’s questions and answers.
2. The trial panel, when questioning a witness testifier, shall inquire about the witness testifier’s relationship with defendants and litigants of the case. The presiding judge shall request witness testifiers to expound the facts of the case, which came to their knowledge, and have them clarify inadequate or inconsistent details in their testimonies. Procurators, defense counsels and protectors of legitimate rights and benefits of crime victims and litigants may pose additional questions to witness testifiers.
With the presiding judge’s consent, a defendant may ask witness testifiers about matters that are connected to the defendant.
3. Witness testifiers, after giving testimonies, shall remain in the courtroom for further questioning.
4. If there are evidences of violations or risks of violations against the life, health, property, honor and dignity of a witness testifier or his kindred, the Trial panel shall decide to have them secured by protective measures according to this Law or other relevant laws.
5. The court, if necessary, shall question witness testifiers through a network of computers or telecommunications.
Therefore, according to regulations in Vietnam, the defendant can also ask the witness testifier related to the defendant, if the above question is agreed by the presiding judge.
Best Regards!
