Judicial experts are those who satisfy the criteria specified by law and are appointed by competent state agencies to perform judicial expertise. So, how are these criteria according to current Vietnam’s regulations?
According to Article 7 of the Law on Judicial Expertise 2012 of Vietnam, a Vietnamese citizen who permanently resides in Vietnam and fully satisfies the following criteria may be considered and appointed as a judicial expert:
- Being physically fit and having good moral qualities;
- Possessing a university or higher degree and having been engaged in practical professional activities in his/her trained area for at least 5 years;
In case a person, who is proposed to be appointed as an expert in forensic medicine, psychiatric forensic medicine or criminological techniques, has worked as an expertise assistant in a forensic medicine, psychiatric forensic medicine or criminological technique institution, his/her period of practical professional activities must be at least 3 years in full;
- Possessing a certificate of judicial expertise training or retraining, for a person proposed to be appointed as an expert in forensic medicine, psychiatric forensic medicine or criminological techniques.
Besides, the Law on Judicial Expertise 2012 also specifies persons who may not be appointed as judicial experts, including:
- Those who have lost their civil act capacity or have a limited civil act capacity;
- Those who are currently examined for penal liability; those who have been convicted for unintentionally committing a crime or intentionally committing a less serious crime and their criminal record has not been remitted; those who have been convicted for intentionally committing a serious crime, very serious crime or particularly serious crime;
- Those who are subject to the administrative sanction of commune-based education or confinement to a compulsory detoxification establishment or compulsory educational establishment.
The Law on Judicial Expertise 2012 of Vietnam was promulgated on June 20, 2012 and effective from January 01, 2013.
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