In Vietnam: Shall an accused person be considered a criminal?
In Vietnam: Shall an accused person be considered a criminal?
Hello Lawnet. I have a question. An acquaintance of mine was accused by the police for abusing democratic freedoms to infringe upon the interests of the State, lawful rights and interests of organizations and/or citizens. By the time he was arrested, shall he be considered a criminal?
In Vietnam: Shall an accused person be considered a criminal?
Pursuant to Article 13 of the Criminal Procedure Code in 2015 stipulating as followss:
Article 13. Presumption of innocence
A accused person is deemed innocent until his guilt is evidenced according to the procedures and formalities as defined in this Law and a Court passes a valid conviction.
If grounds for conviction, as per the procedures and formalities in this Law, do not suffice, competent procedural authorities and persons shall adjudge the accused person to be not guilty.
In your case, your acquaintance shall be not guilty until his guilt is evidenced according to the procedures and formalities as defined in this Law and a Court passes a valid conviction.
What are penalties for abusing democratic freedoms to infringe upon the interests of the State, lawful rights and interests of organizations and/or citizens in Vietnam?
Pursuant to Article 331 of the Criminal Code in 2015 stipulating as follows:
Article 331. Abusing democratic freedoms to infringe upon the interests of the State, lawful rights and interests of organizations and/or citizens
1. Any person who abuses the freedom of speech, freedom of the press, freedom of religion, freedom of association and other democratic freedoms to infringe upon the interests of the State, lawful rights and interests of organizations and/or citizens shall receive a warning or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment.
2. If the offence has a negative impact on social security, order or safety, the offender shall face a penalty of 02 - 07 years' imprisonment.
As regulations above, any person who abuses the freedom of speech, freedom of the press, freedom of religion, freedom of association and other democratic freedoms to infringe upon the interests of the State, lawful rights and interests of organizations and/or citizens shall receive a warning or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment. If the offence has a negative impact on social security, order or safety, the offender shall face a penalty of 02 - 07 years' imprisonment.
Best regards!
