06 cases of mandatory expert examinations in Vietnam

06 cases of mandatory expert examinations in Vietnam (Internet image)

1. 06 cases of mandatory expert examinations in Vietnam

Article 206 of the Criminal Procedure Code 2015 stipulates that expert examinations are mandatory to corroborate:

(1) 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;

(2) 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;

(3) Causes of death;

(4) Properties of injuries, degree of harms against health or work capacity;

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

(6) Level of environmental pollution.

2. Petition for expert examinations in Vietnam

Article 207 of the Criminal Procedure Code 2015 stipulates the petition for expert examinations as follows:

- 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.

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. Process of expert examination in Vietnam

Article 209 of the Criminal Procedure Code 2015 stipulates the process of expert examination as follows:

- The process of expert examination shall occur at premises of authorities conducting examinations or at places of investigation upon the issuance of a decision to requisition examinations.

Investigators, procurators, judges and petitioners for expert examinations can participate in the examinations after informing expert witnesses of their attendance.

- Expert examinations shall be conducted by individuals or group of persons.

5. Case of additional expert examinations in Vietnam

Article 210 of the Criminal Procedure Code 2015 stipulates the additional expert examinations as follows:

- Additional expert examinations shall be conducted in the following events:

+ Findings from an expert examination are obscure or inadequate;

+ Expert examinations must be carried out on new matters in connection with existing facts of the case, which were verified through previous examinations.

- Additional expert examinations may be conducted by entities performing previous ones or other entities.

- The requisition for additional expert examinations shall be processed in the same method of the first examination.

6. Repeated expert examinations in Vietnam

Article 211 of the Criminal Procedure Code 2015 stipulates repeated expert examinations as follows:

- Expert examinations shall be repeated when the accuracy of the first examination is in doubt.  A repeated expert examination must be performed by different expert witnesses.

- The authority requisitioning expert examinations shall decide the repetition of an examination on its own discretion or according to petitions by participants in legal proceedings.

If the individual authorized to requisition expert examination rejects the request for examination repetition, the person making such request shall be informed in writing of the rejection and reasons.

- If the repeated expert examination and the initial one inspect the same matter but produce different findings, the individual authorized to requisition examinations shall make decisions on repeating the examination for the second time. 

The second repeated expert examination shall be conducted by the panel of expert examination according to the Law on judicial expert examination.

7. Repetition of expert examination in special circumstances in Vietnam

Article 212 of the Criminal Procedure Code 2015 stipulates the repetition of expert examination in special circumstances as follows:

The head of the Supreme People’s Procuracy or Court president of the Supreme People’s Court, in special circumstances, shall decide the repetition of expert examinations after the panel of expert examination present its findings.

A new panel shall repeated an expert examination in special circumstances. Participants in the previous examination shall not attend the repeated one. Findings of the repeated expert examination in this event shall contribute to the settlement of the case.

8. Conclusion of expert examinations in Vietnam

Article 213 of the Criminal Procedure Code 2015 stipulates the conclusion of expert examinations as follows:

- The conclusion of an expert examination must specify findings on matters, of which examinations have been requisitioned, and other matters as per the Law on judicial expert examination.

- Entities performing expert examinations, in 24 hours upon generating findings, shall deliver such results to the authorities or persons requesting examinations.

The authorities or persons requesting expert examinations, in 24 hours upon receiving the said findings, shall forward them to The procuracy that exercise prosecution rights and administer investigative activities.

- The authorities or persons requesting expert examinations, in order to clarify findings, shall be entitled to ask for expert witnesses' explication of such findings and further details of facts deemed necessary.

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