The cases in which the legal representative of a commercial legal entity that commits a crime is refused to read, copy copies of documents in Vietnam

The cases in which the legal representative of a commercial legal entity that commits a crime is refused to read, copy copies of documents in Vietnam - Image from Internet

According to Article 3 of Joint Circular 02/2018/TTLT-BCA-VKSNDTC-TANDTC-BQP on the procedures, time limit, and locations for suspects or legal representatives of commercial legal entities that commit crimes to read, copy copies of documents or digitized documents related to the prosecution, defense, or other copies of documents related to the defense, in the procedural process of a criminal case involving commercial legal entities, the legal representative of the commercial legal entity that commits the crime is allowed to read, copy copies of documents or digitized documents in the following cases:

The agency or person having the authority to conduct procedural proceedings that are currently handling, resolving the case must refuse to allow the suspect or legal representative of the commercial legal entity that commits the crime to read, copy documents or refuse to allow the legal representative of the commercial legal entity that commits the crime to continue reading, copy documents in the following cases:

1. Documents related to state secrets; professional secrets, business secrets, personal secrets, or family secrets of participants in the legal proceedings that they have requested to keep confidential.
Information and documents that participants in the legal proceedings have requested to keep confidential;

2. Decisions, orders, procedural documents that have been issued by the agency or person having the authority to conduct procedural proceedings to the legal representative of the commercial legal entity that commits the crime in accordance with the provisions of the Criminal Procedure Code;

3. There is evidence to determine that the legal representative of the commercial legal entity that commits the crime has committed one of the following acts:

- Bribery, coercion, incitement of others to make false statements, provide false information; destroy, forge evidence, documents, electronic data, and property of the case; threaten, coerce, and retaliate against witnesses, victims, crime reporters, and the relatives of these people.

- Deception, threats, bribery, use of force to: prevent witnesses from testifying or force others to testify falsely; prevent victims from participating in the legal proceedings or force victims to make false statements; prevent experts, appraisers from performing their duties or force experts, appraisers to reach conclusions that are contrary to objective reality; prevent interpreters, translators from performing their duties or force interpreters, translators to translate falsely; prevent representatives of other agencies, organizations, or individuals from participating in the legal proceedings.

- Insult the honor, dignity, and reputation of the person having the authority to conduct procedural proceedings; threaten, use force, or engage in other acts to obstruct the procedural activities of the person having the authority to conduct procedural proceedings.

- Has been summoned but absent for reasons other than force majeure or objective obstacles and their absence causes an obstacle to the procedural activities; Obstruct the issuance, delivery, or notification of procedural documents of the agency having the authority to conduct procedural proceedings.

4. There is evidence to determine that the legal representative of the commercial legal entity that commits the crime has disclosed information about the case, investigation secrets that they know when the person having the authority to conduct procedural proceedings has requested to keep confidential; use the documents that have been read and copied for the purpose of infringing on the interests of the State, the public interest, the rights and legitimate interests of agencies, organizations, and individuals;

5. When the investigation of the case has not been completed, the case is in the stage of restoring the investigation, supplementary investigation, or re-investigation, or the Court has issued a decision to bring the case to trial;

6. The agency or person having the authority to conduct procedural proceedings has issued a decision to suspend the investigation or temporarily suspend the investigation; suspend the investigation or temporarily suspend the investigation against the suspect; suspend the case or temporarily suspend the case; suspend the case or temporarily suspend the case against the suspect.

Above are cases in which the legal representative of a commercial legal entity that commits a crime is refused to read, copy copies of documents in Vietnam. For more detailed information, you should refer to Joint Circular 02/2018/TTLT-BCA-VKSNDTC-TANDTC-BQP.

Best regards!