Three Cases of Taking Testimonies of Individuals Involved in Traffic Accidents by Traffic Police

03 Cases of Traffic Police Recording Statements of Persons Involved in Traffic Accidents (Illustrative Image)

Circular 63/2020/TT-BCA prescribes the recording of statements by Traffic Police for individuals involved in a traffic accident. To be specific:

1. Recording Statements of Drivers Involved in Traffic Accidents

The statement record for drivers involved in a traffic accident according to Form 10/TNDB issued with this Circular must clearly state the time (hour, day, month, year), location of recording; full name, position of the record maker; full name, address, occupation, driving license, personal details of the driver; time and location of the accident, traffic density; position of the vehicle on the road, direction of movement, speed, technical maneuvers; health condition, awareness of the driver before the accident occurred and their handling before, during, and after the accident.

2. Recording Statements of Victims and Other Related Individuals in Traffic Accidents

- The statement record for victims and other related individuals in traffic accidents according to Form 10/TNDB issued with this Circular. The statement content must clarify the progress, cause of the accident, injuries caused by the accident.- In case of severe injuries or potential fatalities, the statement must be taken immediately; questions should be short and clear. If the victim is severely injured and cannot speak, a record must be made regarding this matter.

3. Recording Statements of Witnesses

- The statement record for witnesses according to Form 10/TNDB issued with this Circular. The statement content must clarify the following issues:- Relationship of the witness with parties involved in the traffic accident;- Position and distance between the witness and the accident scene, weather, light conditions at the time of the accident, and how they were informed of the traffic accident;- Direction of movement of parties involved in the traffic accident (people and vehicles);- Road section and speed, handling maneuvers of the driver before, during, and after the traffic accident;- Position of evidence, vehicles, people after the traffic accident, and whether those positions were altered, by whom, why, and how they were altered;- Psychological state of the accident-causing individual as evidenced outwardly (influence of alcohol, beer, or other strong stimulants, health condition);- Other factors related to the traffic accident that the witness knows, and if others are aware of the accident.

- When necessary, arrange for the witness to conduct a reenactment to verify the objectivity and authenticity of the statement.

- If it is not possible to record the witness statement immediately at the scene, the traffic police officer must record information about the witness's permanent residence, workplace, school, contact phone number (if any), and later go to the witness's residence, workplace, or invite the witness to the police station to take the statement. For individuals under 18 years old, when taking their statement, a guardian (parent, legal representative, or teacher) must be invited to attend and sign the record.

- In cases where a traffic accident has many witnesses, the statements of those with sufficient grounds for verification should be selected; if initially determined no witnesses are present, the traffic police officer must report to the competent authority.

Details can be found in Circular 63/2020/TT-BCA effective from January 1, 2021.

Ty Na

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