Requisition for expert examination in Vietnam and 04 things you should know

Requisition for expert examination in Vietnam and 04 things you should know (Internet image)

1. Who has the right to submit petition for expert examinations?

According to the provisions of Article 207 of the Criminal Procedure Code 2015, litigants or their representatives are entitled to petition competent procedural authorities for requisitioning exert examinations of matters regarding their legitimate rights and benefits, except for examinations that determine criminal liabilities of accused persons.

Presiding authorities, in 07 days upon receiving the petition, must consider and decide to requisition expert examinations.

Petitioners shall be informed in writing of the rejection of their petitions and reasons.

Petitioners shall be entitled, when the deadline passes or they receive the written rejection from competent procedural authorities, to consult expert witnesses by themselves.

Petitioners of expert examinations shall have rights and duties as per the Law on judicial expert examination 2012.

2. Cases of requisition for expert examination in Vietnam

Pursuant to Clause 1, Article 205 of the Criminal Procedure Code 2015, the competent procedural authorities, in an event deemed necessary or defined above, decide to requisition expert examinations.

According to Article 206 of the Criminal Procedure Code 2015, expert examinations are mandatory to corroborate:

- Mental conditions of the accused person when doubts of their criminal capacity arise. Mental conditions of witness testifiers or crime victims shall be verified when there are doubts of their awareness and capacity of providing accurate statements on facts of a case;

- The age of suspects, defendants and crime victims if it is significant to solve the case and there is no document to determine their exact age or the authenticity of such documents is doubtful;

- Causes of death;

- Properties of injuries, degree of harms against health or work capacity;

- Narcotics, military weapons, explosives, inflammables, toxic, radioactive substances, counterfeit money, gold, silver, precious metal, precious stones, antiques;

- Level of environmental pollution.

3. Time limit for expert examination in Vietnam

Article 208 of the Criminal Procedure Code 2015 stipulates the time limit for expert examination as follows:

- Time limit for mandatory expert examination is:

+ 03 months at most for events as defined in Section 1, Article 206 of the Criminal Procedure Code 2015;

+ 01 month at most for events as defined in Section 3 and Section 6, Article 206 of the Criminal Procedure Code 2015;

+ 09 days at most for events as defined in Section 2, 4 and 5, Article 206 of the Criminal Procedure Code 2015.

- Time limit for expert examination for other events shall be subject to the decision to requisition expert examination.

- If expert examination fails to occur within the time limit as stated in Section 1 and Section 2 of Article 208 of the Criminal Procedure Code 2015, entities conducting such examinations must inform authorities and persons requesting examinations in writing of such delay and reasons.

- Time limit for expert examination as stated in this Article applies to expert examinations added or repeated.

4. Decision to requisition expert examination in Vietnam

A decision to requisition expert examination shall specify:

- Names of the authority and competent individual requisitioning expert examination;

- Full name of organizations and persons requested to conduct expert examination;

- Name and traits of the subject to be examined;

- Name of a relevant document or sample enclosed (if available);

- Contents of requisitions for expert examination;

- Date of the expert examination and deadline for findings.

An authority, in 24 hours upon issuing a decision to requisition expert examination:

- Must send such decision, documents and examined subjects to the entities conducting the examination.

- Moreover, such decision shall be sent to The procuracy empowered to exercise prosecution rights and administer investigative activities.

Van Trong

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