Hanoi-Vietnam: What are the penalties imported for obtaining testimony by duress?

07:49, 11/07/2024

Many wrongful conviction cases recently brought to light have shown signs of the suspects and defendants facing obtainment of testimony by duress leading to the objective truth of the cases being distorted and innocent persons being wrongfully accused. So, what are the penalties imported for obtaining testimony by duress in Vietnam?

Obtainment of testimony by duress is the act of an individual responsible for obtaining testimony during investigation, prosecution, or trial using various methods to coerce the person being interrogated to provide false information about what they know.

Vietnam's Criminal Law considers obtainment of testimony by duress as an illegal act that will be subject to criminal prosecution. Under Article 299 of the Criminal Code 1999, depending on the consequence of the obtainment of testimony by duress, there are different levels of imprisonment penalties with the highest one of 10 years:

TABLE OF IMPRISONMENT PENALTIES IMPOSED FOR OBTAINMENT OF TESTIMONY BY DURESS UNDER ARTICLE 299 OF THE CRIMINAL CODE 1999

Level of Crime	Imprisonment Penalty
Causing serious consequences	6 months - 3 years
Causing very serious consequences	2 years - 7 years
Causing especially serious consequences	5 years - 10 years

Additionally, individuals convicted of obtaining testimony by duress are also prohibited from holding certain positions from 1 year to 5 years.

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