Is it Legal for Investigators to Take Testimonies from Witnesses at Their Homes?

Investigators taking witness testimonies at home: Is it legal?

Regulations on serving subpoenas to witnesses

Dear Sir/Madam,My child has been identified as a witness in a criminal case. Yesterday, an Investigator came to my home to take my child's testimony. I would like to inquire whether the Investigator's action of taking my child's testimony at our home is lawful.

1. Is it legal for the investigator to take the witness's statement at home?

Pursuant to Article 186 of the 2015 Criminal Procedure Code, the taking of witness statements is regulated as follows:

1. The taking of witness statements can be conducted at the place of investigation, the residence, the workplace, or the place of study of the witness.

  1. If a case involves many witnesses, statements must be taken individually, and witnesses must not be allowed to interact or exchange information with each other during the statement-taking period.

  2. Before taking a statement, the Investigator, Investigation Officer must explain the rights and obligations of the witness as stipulated in Article 66 of this Code. This must be recorded in the minutes.

  3. Before questioning about the case details, the Investigator must inquire about the relationship between the witness and the accused, the victim, and other personal details of the witness. The Investigator will require the witness to truthfully and voluntarily present or write what they know about the case, before posing any questions.

  4. In case the testimony taken by the Investigator is deemed biased or in violation of the law, or if it is necessary to clarify the evidence and documents to decide whether to approve or not approve the procedural decisions of the Investigating Authority, or decide on prosecution, the Prosecutor can take the witness statement following the regulations of this Article.

Therefore, according to the above provisions, taking the witness's statement at their home is permissible by law. Hence, the Investigator taking your child's statement at home is legally conformable.

2. How is the delivery of summonses to witnesses regulated?

According to Clause 3, Article 185 of the 2015 Criminal Procedure Code, the delivery of summonses is performed as follows:

a) The summons is delivered directly to the witness or through the commune-level government at the place of residence or through the agency, organization where the witness works or studies. In every case, the delivery of the summons must be acknowledged with a signature. The commune-level government at the place of residence or the agency, organization where the witness works or studies is responsible for facilitating the witness's fulfillment of their obligation;

b) Summonses for witnesses under 18 years old are delivered to their parents or other legal representatives;

c) The delivery of summonses to witnesses according to judicial entrustment from foreign countries is conducted as regulated in this clause and the Law on Mutual Legal Assistance.

The delivery of summonses to witnesses will be carried out as prescribed above.

Sincerely!

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