What are regulations on cooperation in taking testimonies and interrogation of procedure participants under 18 years old in Vietnam?

What are regulations on cooperation in taking testimonies and interrogation of procedure participants under 18 years old in Vietnam?

Pursuant to Article 14 of the Joint Circular 01/2022/TTLT-VKSNDTC-TANDTC-BCA-BQP-BLDTBXH stipulating cooperation in taking testimonies and interrogation of procedure participants under 18 years old in Vietnam as follows:

1. The taking of testimonies of sexually abused persons under 18 years old shall comply with the provisions of Articles 188 and 421 of the Criminal Procedure Code and Article 14 of the Joint Circular No. 06/2018.

In case the victim of sexual abuse under the age of 18 shows abnormal signs or panic attacks, the investigator may invite more family members, school representatives, psychologists, representatives of the Labor - Invalids and Social Affairs agency or other organizations and individuals to participate when taking testimonies to coordinate support for psychological stability for victims of sexual abuse. The person invited to participate has the responsibility to coordinate and support the investigator to stabilize the psychology of the person who has been sexually assaulted and must keep confidential information related to the taking of testimony.

2. Activities of taking testimonies of witnesses, denounced persons, persons proposed for prosecution, persons held in emergency cases, arrested persons, persons held in custody, interrogation of accused persons who are under 18 years of age shall comply with the provisions of Articles 183, 186, 421 of the Criminal Procedure Code, Article 14 of the Joint Circular No. 06/2018 and the corresponding provisions in Clause 1 of this Article.

3. Procurators closely supervise the taking of testimonies and interrogation of investigators; if finding that the testimonies are unclear, contradictory or inconsistent with other documents and evidences, they shall request the investigator to take additional testimonies or interrogate them; if detecting violations in taking testimonies or interrogating them, they shall request investigators to correct them immediately. Investigators are responsible for complying with the procurator's requests. If necessary, the procurator shall directly take testimonies and interrogate. Investigators are responsible for supporting and creating conditions for procurators to take testimonies and interrogate in accordance with law. In case it is necessary to record testimonies of persons held in emergency custody, arrested persons, persons held in custody, or interrogate suspects currently in custody, the investigator shall cooperate in providing the procurator with information about psychological developments, attitude of the detainee in case of emergency, the arrested person, the detainee, the accused and related information to serve the taking of testimony and interrogation.

What are regulations on coordination in recognition, investigation and voice recognition activities in Vietnam?

Pursuant to Article 15 of the Joint Circular 01/2022/TTLT-VKSNDTC-TANDTC-BCA-BQP-BLDTBXH stipulating coordination in recognition, investigation and voice recognition activities in Vietnam as follows:

1. The identification, investigation experiment and voice recognition shall comply with the provisions of Articles 190, 191, 204 and 421 of the Criminal Procedure Code.

At least 24 hours before conducting the investigation, the investigator shall notify the procurator of the time and place of identification, experimental investigation, and voice recognition. The procurator must be present for inspection. Investigators and procurators coordinate to test and evaluate results of identification, investigative experiments, and voice recognition to set out next investigation requirements. In case, for objective reasons, he is not present for direct inspection, the procurator shall notify the investigator 02 hours before conducting the investigation.

2. Before organizing the recognition, voice recognition, experimental investigation, the investigator and the procurator discussed and agreed on the contents and implementation measures. Experimental investigation is only conducted in cases where the case cannot be solved if it is not done and only appropriate measures are used (such as using a model of the victim's body) to conduct experimental investigation. For cases where it is difficult to collect traces or have not been able to collect traces or the scene where the incident occurred, the investigator shall actively coordinate with the procurator in conducting activities according to regulations. of the law to reconstruct the scene, re-enact acts and situations to examine and verify documents and circumstances that are meaningful to the settlement of the case.

3. In case of necessity or at the request of the victim, the accused or the legal representative of the person under 18 years of age, the defense counsel may invite representatives of the Labor - Invalids and Social Affairs agency, the Association. Women's Union, Youth Union, School, psychologist or other support staff participate. The invited persons are responsible for participating in and coordinating with persons competent to conduct legal proceedings, legal representatives of persons under 18 years of age, and defense counsels in order to support and stabilize the psychology of persons under 18 years of age. throughout the process of recognition, investigation, and speech recognition.

Best regards!