Is the juridical person considered a suspect in Vietnam? Can the apprehension of suspect and defendant occur at night in Vietnam?

Is the juridical person considered a suspect in Vietnam?

I understand that physical persons who are accused or faced criminal charges are considered suspects. So, is a juridical person considered a defendant?

Answer: According to Clause 1, Article 60 of the 2015 Criminal Procedure Code, it is stated as follows:

1. Suspects are physical persons or juridical persons facing criminal charges. The rights and duties of juridical persons as suspects are executed by their legal representatives according to this Law.

Therefore, according to the legal provisions on criminal procedure mentioned above, when a juridical person is faced criminal charges, it is also referred to as a suspect, and the rights and obligations of the suspect as a juridical person are exercised through a legal representative in accordance with the law.

Is the juridical person considered a suspect in Vietnam? Can the apprehension of suspect and defendant occur at night in Vietnam? (Image from the Internet)

Can the apprehension of suspect and defendant occur at night in Vietnam?

Question: According to the provisions of the law, can the apprehension of suspect and defendant occur at night in Vietnam? I hope to receive assistance soon.

Answer: Article 113 of the 2015 Criminal Procedure Code provides regulations on the apprehension of suspects and defendants for detention as follows:

1. The following individuals are entitled to order and decide the apprehension of suspects and defendants for detention:

a) Heads and vice heads of investigation authorities. In this event, the arrest warrant must be approved by the equivalent Procuracy prior to apprehension;

b) Head and vice heads of a People’s Procuracy, and head and vice heads of a Military procuracy;

c) Court presidents, Vice court presidents of People’s Courts, and Court presidents and Vice court presidents of Courts-martial; trial panel.

2. The arrest warrant and written approval of the arrest warrant must specify full name and address of the arrestee, reasons and other details as per Point 2, Article 132 of this Law.

Enforcers of an arrest warrant must read out the warrant, explain its content, arrestee's duties and rights, make written record of the arrest, and give the warrant to the arrestee.

The apprehension of a person at his place of residence must be witnessed by a representative of communal, ward or town authorities and other individuals. The apprehension of a person at his place of work or education must be witnessed by a representative of the place of work or education. The apprehension of a person at other places must be witnessed by a representative of communal, ward or town authorities.

3. Apprehension must not occur at night, except for criminals in flagrante or wanted persons.

Therefore, according to the above provisions, the apprehension of suspect and defendant occurs at night is not allowed. Except in cases where the person is caught in the act of committing a crime or when the person is wanted.

How many photos and items are provided for the defendant's identification in Vietnam?

Question: In the investigation of criminal cases, how many people, photos, or items must be provided for defendant identification?

Answer: Clause 1, Article 190 of the 2015 Criminal Procedure Code provides regulations on identification as follows:

1. Investigators, when necessary, may present persons, photos or items to witness testifiers, suspects or defendants for identification.

There must be at least three externally identical persons, photos or items to be identified, except for the identification of corpses.

Investigators, prior to the identification, must inform the equivalent Procuracy to assign procurators administering the process of identification. Procurators must be present to administer the identification. The procurators' absence shall be clearly described in the written record of identification.

...

Therefore, in principle, when conducting identification, the number of people, photos, or items presented for identification must be at least three, and they must have similar appearances, except in cases of identifying a deceased person.

Best Regards!