Guidance on Allowing Legal Entity Defendants to Access Case Files

Duy Thinh

19:50, 10/07/2024

Joint Circular 02/2018/TTLT-BCA-VKSNDTC-TANDTC-BQP stipulates the sequence, procedures, time limits, and locations for legal entities committing crimes to read and record copies of documents regarding indictment, exoneration, or defense.

within 3 working days from the date of receiving the request to read the case file of the defendant being a legal entity, the competent authority conducting the legal proceedings shall consider and handle as follows:

- Issue a written notice of refusal, clearly stating the reason and sending it to the defendant if it falls under the provisions of Clause 2, Article 3 of Joint Circular 02;- In case it falls under Clause 1, Article 3 of Joint Circular 02, prepare copies of the case file immediately and notify the legal entity in writing.

If the defendant is not subject to temporary detention measures, the reading and copying of documents shall take place at the office of the judicial authority. If the defendant is temporarily detained, it shall be conducted in the interrogation room of the detention facility.

More details can be found in Joint Circular 02/2018/TTLT-BCA-VKSNDTC-TANDTC-BQP, effective from March 18, 2018.

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