Is it not mandatory for procurators to be present when experimental investigation of criminal crime in Vietnam?
Is it not mandatory for procurators to be present when experimental investigation of criminal crime in Vietnam? Is a murder case required to conduct experimental investigation in Vietnam? If I have been sentenced to prison by the court, can I still get bail in Vietnam?
Is it not mandatory for procurators to be present when experimental investigation of criminal crime in Vietnam?
Does the experimental investigation require the presence of the Procuracy to supervise the case? Hope to receive a response soon.
Answer: In Article 204 of the 2015 Criminal Procedure Code, it is stipulated:
1. Investigation authorities, in order to inspect and verify documents and acts significant to solve the case, may conduct experimental investigation by reproducing a crime scene, replaying acts, situations or other facts of a certain event and by performing other experimental activities deemed necessary. An experimental investigation requires measurements, photographs, video recording, sketches. Results of the experimental investigation shall be specified in writing.
An experimental investigation is prohibited from violating the life, health, honor, dignity and property of participants in the investigation and other people.
2. Investigators, before conducting an experimental investigation, must inform the equivalent Procuracy of the time and location of the investigation. Procurators must be present to administer an experimental investigation. The procurators' absence shall be specified in writing.
3. Investigators shall organize the execution of an experimental investigation. Witnesses during the investigation is required.
Investigation authorities may summon a specialist to participate in an experimental investigation. Temporary detainees, suspects, defense counsels, crime victims and witness testifiers, if necessary, may be participate in an experimental investigation.
4. The procuracy, if necessary, shall administer an experimental investigation. Experimental investigations shall be conducted according to this Article.
=> Thus, according to the above regulations in Vietnam, when experimental investigation, the investigating agency must notify the Procuracy at the same level. And the prosecutor must be present to supervise the investigation. However, if the Procurator is absent, it must be clearly recorded in the minutes.
Is it not mandatory for procurators to be present when experimental investigation of criminal crime in Vietnam? (Image from the Internet)
Is a murder case required to conduct experimental investigation in Vietnam?
Question: According to current law, murder cases are required to conduct experimental investigation, right?
Answer: Article 204 of the 2015 Criminal Procedure Code stipulates:
Article 204. Experimental investigation
1. Investigation authorities, in order to inspect and verify documents and acts significant to solve the case, may conduct experimental investigation by reproducing a crime scene, replaying acts, situations or other facts of a certain event and by performing other experimental activities deemed necessary. An experimental investigation requires measurements, photographs, video recording, sketches. Results of the experimental investigation shall be specified in writing.
An experimental investigation is prohibited from violating the life, health, honor, dignity and property of participants in the investigation and other people.
2. Investigators, before conducting an experimental investigation, must inform the equivalent Procuracy of the time and location of the investigation. Procurators must be present to administer an experimental investigation. The procurators' absence shall be specified in writing.
3. Investigators shall organize the execution of an experimental investigation. Witnesses during the investigation is required.
Investigation authorities may summon a specialist to participate in an experimental investigation. Temporary detainees, suspects, defense counsels, crime victims and witness testifiers, if necessary, may be participate in an experimental investigation.
4. The procuracy, if necessary, shall administer an experimental investigation. Experimental investigations shall be conducted according to this Article.
=> Thus, according to the above regulations in Vietnam, the law does not specifically stipulate which cases will conduct experimental investigation. In cases that require inspection and verification of documents and details that are meaningful to the resolution of the case, the investigation agency will conduct experimental investigation.
If I have been sentenced to prison by the court, can I still get bail in Vietnam?
Regarding regulations on guarantees. If the court has sentenced me to prison, can I still get bail? Hope to receive a response soon.
Answer: Pursuant to Clause 5, Article 121 of the 2015 Criminal Procedure Code, it is stipulated:
5. The length of bail time shall not exceed the time of investigation, prosecution or adjudication as per this Law. Bail time for persons sentenced to imprisonment shall not exceed the time from conviction to enforcement of incarceration sentence.
=> Thus, according to the above regulations in Vietnam, in cases where the court has sentenced them to prison, the bail measure can still be applied if that person has not yet served the prison sentence.
Best regards.
