What is exercise of right to prosecute and supervise the taking of testimonies of witnesses, victims, and litigants in Vietnam?

What is exercise of right to prosecute and supervise the taking of testimonies of witnesses, victims, and litigants in Vietnam?

In Article 51 of the Regulations on the exercise of the right to prosecute and supervise the filling in charges, investigation and prosecution issued together with Decision 111/QD-VKSTC in 2020, there are regulations on the exercise of right to prosecute and supervise the taking of testimonies of witnesses, victims, and litigants as follows:

1. Procurators proactively coordinate and request Investigators and Investigation Officers to provide complete testimonies and documents related to the testimony of witnesses, victims, and litigants to procuratorial. When seeing that there are witnesses, victims, or litigants whose statements have not yet been taken, the Procurator shall request the Investigator or Investigation Officer to promptly take statements.

2. Prosecutors must strictly inspect the minutes of testimony, the order and procedures for taking testimony; explaining the rights and obligations of witnesses, victims, and litigants.

When it is discovered that the testimony of witnesses, victims, or litigants is unclear, not objective, inconsistent, or contradicts the testimony of other participants in the proceedings or other evidence, the Procurator must request a request. Request Investigators and Investigation Officers to take additional testimonies; If a violation is detected in taking testimony, the Procurator must request the Investigator or Investigation Officer to immediately correct it.

3. During the investigation process and after the end of the investigation, to decide whether to approve or not to approve the procedural decisions of the investigating authority or to decide on prosecution, the Procurator may Summon and take testimonies of witnesses, victims, and litigants in the following cases:

a) There are grounds to determine that taking statements from Investigators or Investigation Officers is not objective or violates the law;

b) In case the testimonies of witnesses, victims, or litigants contradict each other or contradict other evidence collected;

c) There are doubts about the truthfulness and objectivity of the testimonies of witnesses, victims, and litigants;

d) Other necessary cases to clarify evidence and documents.

The record of testimony made by the Procurator is included in the case file and kept in the prosecutor's file.

What is exercise of right to prosecute, supervision of confrontation in exercise of right to prosecute, supervision of filling in charges, investigation and prosecution in Vietnam?

In Article 52 of the Regulations on the exercise of the right to prosecute and supervise the filling in charges, investigation and prosecution issued together with Decision 111/QD-VKSTC in 2020, there are regulations on the exercise of right to prosecute, supervision of confrontation in exercise of right to prosecute, supervision of filling in charges, investigation and prosecution as follows:

1. After receiving the notice from the Investigator, the Prosecutor must be present to directly supervise the confrontation. In case the Procurator is absent, the consent of the unit leader and the Institute leader must be obtained and the Investigator must be promptly notified to clearly record it in the confrontation minutes.

2. In the process of exercising the right of prosecution and investigation, if there are conflicts in the testimonies between the accused, victims, witnesses, litigants, other investigative measures have been conducted but have not yet been resolved. After resolving the conflict, the Prosecutor requested the Investigator to conduct a confrontation.

3. Procurators must strictly supervise the activities of Investigators during confrontation according to Article 189 of the Criminal Procedure Code. If violations are detected, they must request Investigators to correct them. During the confrontation process, if there are still issues that have not been clarified, the Investigator is requested to continue asking for clarification.

4. When a confrontation has been requested but the Investigator does not comply or the confrontation results are unclear or after the end of the investigation, the Procuracy has received the case file, if there are contradictions in the testimonies of the suspects. participants in the proceedings or in necessary cases, the Procurator shall conduct confrontation and prepare a record of confrontation according to the provisions of Article 178 and Article 189 of the Criminal Procedure Code. The confrontation record must be included in the case file and kept in the prosecutor's file.

What is exercise of right to prosecute and control over identification and voice recognition in Vietnam?

In Article 53 of the Regulations on the exercise of the right to prosecute and supervise the filling in charges, investigation and prosecution issued together with Decision 111/QD-VKSTC in 2020, there are regulations on the exercise of right to prosecute and control over identification and voice recognition as follows:

1. After receiving the notice from the Investigator, the Procurator must be present to directly supervise the identification and recognition of voices. In case the Procurator is absent, the consent of the unit leader and the Institute leader must be obtained and the Investigator must be promptly notified to clearly record the identification and voice recognition in the record.

2. Prosecutors must strictly supervise the activities of investigators when conducting voice identification and recognition according to Article 190 and Article 191 of the Criminal Procedure Code, if a violation is detected, the Investigator is requested to correct it.

3. During the exercise of prosecutorial and investigative powers, if necessary, the Procurator shall request the Investigator to conduct voice identification and recognition; If the Investigator fails to do so, the Procurator shall report to the unit leader and Institute leader to propose to the Investigation Agency to remedy the situation.

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