Forging Evidence in Legal Proceedings

Distorting case records can ruin someone's life. There is a saying, "No one shall be deemed guilty until their crime is proven according to the law." This is the principle of the presumption of innocence recognized by the 2013 Constitution; however, if not properly upheld, it is merely "as good as not."

In every stage of development, Vietnam has always prioritized judicial reform, aiming to limit wrongful convictions and ensure the right person is properly prosecuted. Even those under suspicion face numerous difficulties when in the status of an accused or a defendant. However, this is not simple.

It is perhaps no longer unfamiliar when mentioning "the 10-year wrongful conviction of Nguyen Thanh Chan." Not only Vietnam, but the world also has many similar cases. For example, Peter Pringle in Ireland had to endure 15 years of wrongful imprisonment while awaiting execution just because his disheveled appearance and strong smell of alcohol rendered all his explanations useless.

For this reason, there is always a need for individuals with positions and authority in judicial activities or those participating in judicial activities to live "uprightly." If any of the aforementioned individuals, for any purpose, deliberately fabricates evidence to distort the investigation results, they will be charged with the crime of falsifying case files (based on Article 300 Criminal Code 1999). To be specific:

Investigators, Prosecutors, Judges, Jurors, Court Clerks, other judicial officers, defense counsels, or persons protecting the rights and interests of the involved party who add, remove, alter, swap, destroy, damage, or use other tricks to distort the contents of the case files, shall be subject to imprisonment from one year to five years.

Committing the crime under any of the following circumstances shall be subject to imprisonment from three years to ten years:

- Organized crime;- Causing serious consequences.

Committing the crime causing particularly serious or very serious consequences shall be subject to imprisonment from seven years to fifteen years.

The offender shall also be prohibited from holding certain positions, practicing certain professions, or doing certain jobs from one year to five years.

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