Vietnam: Criminal investigation bodies are strictly prohibited from forcing persons to give testimonies, applying corporal punishment

According to the Law on Organization of Criminal Investigation Bodies 2015 of Vietnam, the following acts are strictly prohibited during criminal investigation:

- Falsifying case files; issuing decisions in contravention of law; forcing other persons to act against the law; disclosing case investigation secrets; illegally intervening into the criminal investigation;

- Forcing persons to give testimonies, applying corporal punishment and forms of torture or barbarous and inhuman treatment, penalties or humiliation or any acts infringing upon the legitimate rights and interests of agencies, organizations and individuals;

- Preventing arrestees, persons held in custody or the accused from exercising their right to self-defense, asking lawyers or other persons to defend them or render legal aid; from filing complaints or denunciations; or from receiving compensations for material and spiritual damage or getting honor rehabilitation;

- Preventing defense counsels or legal aid providers from making the defense or providing legal aid in accordance with law;

- Opposing, hindering or organizing, inducing, inciting or forcing others to oppose or hinder criminal investigation activities; infringing upon the lives, health, honor, dignity and property of official-duty performers in criminal investigation.

Moreover, the Law also prohibits acts of conducting criminal liability examination against persons who do not commit criminal acts and failing to conduct penal liability examination against persons who commit criminal acts which are subject to criminal liability examination.

View details at the Law on Organization of Criminal Investigation Bodies 2015 of Vietnam, effective from January 01, 2018.

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