Attestation in criminal lawsuits in Vietnam

Attestation in criminal lawsuits in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Attestation in criminal lawsuits in Vietnam

Specifically, in Article 85 of the Criminal Procedure Code 2015, competent procedural authorities, when investing, prosecuting and hearing criminal lawsuits must attest:

- The existence of the crime, time, space and facts of the crime;

- The perpetrator of the crime; the presence of guilt, intentional or unintentional acts; the existence of criminal capacity; purposes and motive of the crime;

- Facts aggravating and mitigating criminal liabilities of suspects, defendants and identity traits of suspects and defendants;

- Nature and severity of damages caused by the crime;

- Reasons and conditions leading to the crime;

- Other facts in connection with the exclusion or exemption of criminal liabilities and impunity.

2. Sources of evidence in criminal cases in Vietnam

Pursuant to Article 87 of the Criminal Procedure Code 2015, the sources of evidence in criminal cases are as follows:

- Evidences are collected and determined from these sources:

+ Exhibits;

+ Statements, presentations;

+ Electronic data;

+ Findings of expert examination and valuation;

+ Records of legal proceedings, investigation, prosecution, adjudication, sentence enforcement;

+ Results of judicial delegation and other international cooperations;

+ Other documents and items.

- Palpable things not collected as per the sequence and formalities as per the Criminal Procedure Code 2015 bear no legal effect and are not evidences for the settlement of criminal lawsuits.

3. Regulations on collection of evidence in criminal cases in Vietnam

According to Article 88 of the Criminal Procedure Code 2015, the collection of evidence in criminal cases is as follows:

- Competent procedural authorities, to collect evidences, are entitled to perform activities of evidence collection as per this Law, and to request other authorities and entities to provide evidences, documents, items, electronic data and facts that solve the case.

- Defense counsels, to collect evidences, are entitled to meet persons whom they defend, crime victims, witness testifiers and other individuals knowledgeable about the case to put questions and hear such persons’ stories related to the case; to request authorities and entities to provide documents, items and electronic data for pleading.

- Other participants in legal proceedings, authorities and entities can provide evidences, documents, items, electronic data and relate matters of the case.

- Competent procedural authorities, when receiving evidences, documents, items and electronic data related to the case from individuals as stated in Point 2 and Point 3 of Article 88 of the Criminal Procedure Code 2015,, shall make written records of submission, verify and assess such as per the Criminal Procedure Code 2015.

- In 05 days’ time upon making written records of investigative activities, collecting and receiving documents on the case, which procurators do not directly administer according to the Criminal Procedure Code 2015, investigation authorities and units assigned to investigate are responsible for transferring such records and documents to the Procurarcy for the latter’s administration of the establishment of case files. 

Such deadline may be extended for at most 15 days in case of objective obstacles. In 03 days' time, the Procuracy affixes seal on records and documents for administration and have them archived and transferred to investigation authorities and units assigned to investigate. The delivery of records and documents are executed in writing according to Article 133 of the Criminal Procedure Code 2015.

Ho Quoc Tuan

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