Is it permissible for persons under 18 years old to be witnesses in criminal cases in Vietnam?
Is it permissible for persons under 18 years old to be witnesses in criminal cases in Vietnam? In Vietnam, what are requirements for a witness's testimony to be considered as an evidence?
Hello Lawnet. I am a victim in a criminal case, which is in the investigation stage. I know someone who knows about the details of the case, and can testify. However, this person is under 18 years old. Can he be a witness in this case?
Is it permissible for persons under 18 years old to be witnesses in criminal cases in Vietnam?
Pursuant to Article 66 of the Criminal Procedure Code in 2015 stipulating as follows:
1. Witness testifiers possess knowledge of facts relating to the crime and lawsuit and receive competent procedural authorities' subpoena to testify.
2. The following persons cannot testify:
a) Defense counsels of accused persons;
b) Persons not conscious of facts pertaining to criminal information and lawsuit or not capable of giving judicious testimonies due to their mental or physical impairment.
3. Witness testifiers are entitled to:
a) Be informed or explained about their rights and duties as per this Article;
b) Request summoning authorities to protect their life, health, honor, dignity, property, legitimate rights and benefits and kindred against menaces;
c) File complaints about competent procedural authorities and persons’ decisions and legal proceedings appertaining to matters that they testify for and against;
d) Have their expenditure of travel and other expenses covered by summoning authorities as per the laws.
...
As regulations above, the law does not specify the age of witnesses. Therefore, if this under-18-year-old person knows the details related to the source of information about the crime, about the case and does not belong to the cases where he is not allowed to be a witness, then this person can testify in your case.
In Vietnam, what are requirements for a witness's testimony to be considered as an evidence?
Pursuant to Article 91 of the Criminal Procedure Code in 2015 stipulating as follows:
1. Witness testifiers depose their knowledge of the crimes, cases, kin and their relationship with accused persons or aggrieved, other witness testifiers and respond to questions.
2. If witness testifiers state facts whose origin cannot be clarified, such facts shall not become evidence.
As regulations above, in order for a witness's testimony to be considered as an evidence, the witness must clearly state why he/she knows the details of the case.
Best regards!
