When are evidences in a criminal lawsuits valid in Vietnam? What are regulations on collection of evidences in Vietnam?
When are evidences in a criminal lawsuits valid in Vietnam? What are regulations on collection of evidences in Vietnam?
Hello, I'm learning the provisions of the Criminal Procedure Code about evidence, I want to ask what conditions must be met if the evidence wants to be valid? Please advise.
1. When are evidences in a criminal lawsuits valid in Vietnam?
Pursuant to Article 86 of the 2015 Criminal Procedure Code, there are provisions on evidences as follows:
Evidences are de facto and collected as per the sequence and formalities defined by this Law. Evidences are grounds for the determination of a crime, perpetrators of such crime and other valuable facts for the settlement of the case.
Thus, according to the above provisions, in order to be considered valid in Vietnam, evidence in a criminal case must satisfy two conditions that it is de facto and collected as per the sequence and formalities defined by this Law.
2. What are regulations on collection of evidences in Vietnam?
According to Article 88 of the 2015 Criminal Procedure Code, collection of evidences in criminal lawsuits is regulated as follows:
1. Competent procedural authorities, to collect evidences, are entitled to perform activities of evidence collection as per this Law, and to request other authorities and entities to provide evidences, documents, items, electronic data and facts that solve the case.
2. Defense counsels, to collect evidences, are entitled to meet persons whom they defend, crime victims, witness testifiers and other individuals knowledgeable about the case to put questions and hear such persons’ stories related to the case; to request authorities and entities to provide documents, items and electronic data for pleading.
3. Other participants in legal proceedings, authorities and entities can provide evidences, documents, items, electronic data and relate matters of the case.
4. Competent procedural authorities, when receiving evidences, documents, items and electronic data related to the case from individuals as stated in Point 2 and Point 3 of this Article, shall make written records of submission, verify and assess such as per this Law.
5. In 05 days’ time upon making written records of investigative activities, collecting and receiving documents on the case, which procurators do not directly administer according to this Law, investigation authorities and units assigned to investigate are responsible for transferring such records and documents to the Procurarcy for the latter’s administration of the establishment of case files. Such deadline may be extended for at most 15 days in case of objective obstacles. In 03 days' time, the Procuracy affixes seal on records and documents for administration and have them archived and transferred to investigation authorities and units assigned to investigate. The delivery of records and documents are executed in writing according to Article 133 of this Law.
According to this Article, the collection of evidences in criminal lawsuits in Vietnam must comply with the above provisions.
Best Regards!
