Regulations on written records of suspect interrogation in Vietnam

Regulations on suspect interrogation in Vietnam

Pursuant to Article 183 of the Criminal Procedure Code 2015, regulations on suspect interrogation are as follows:

- Investigators, upon the issuance of a decision to charge a suspect, shall interrogate suspects. A suspect may be interrogated at the investigated scenes or at suspects' place of residence. Investigators, before interrogating a suspect, must inform procurators and defense counsels of the time and location for interrogation. Procurators, if necessary, shall participate in the suspect interrogation.

- Investigators, before conducting the first session of interrogation, must explain to the suspect his rights and duties as defined in Article 60 of the Criminal Procedure Code 2015. Such activities shall be recorded in writing.

If there are several suspects, they shall be separately interrogated and prevented from interacting with each other. A suspect may be permitted to write his statements.

- Suspect interrogation does not occur at night, unless otherwise indispensable. Reasons must be clarified in the written record.

- Procurators interrogate suspects, who claim innocence or complain of investigative activities, or in the presence of grounds showing investigative activities' non-compliance with laws or in other events deemed necessary. Procurators’ suspect interrogation shall be governed by Article 183 of the Criminal Procedure Code 2015.

- Investigators, investigation officers, procurators and checkers extorting statements and torturing suspects shall incur criminal liabilities as per the Criminal Code.

- Suspect interrogation at a detention facility or the office of investigation authorities or units assigned to investigate shall be recorded by sound or sound-and-visual means.

Suspect interrogation at various places shall be recorded by sound or sound-and-visual means at the requests for the suspect or competent procedural authorities and persons.

Regulations on written records of suspect interrogation in Vietnam (Internet image) 

Regulations on written records of suspect interrogation in Vietnam

Pursuant to Article 183 of the Criminal Procedure Code 2015, regulations on written records of suspect interrogation in Vietnam are as follows:

- Every session of suspect interrogation shall be recorded in writing.

A written record of suspect interrogation shall be made according to Article 178 of the Criminal Procedure Code 2015 and contain all statements from the suspect, questions and answers. Investigators and investigation officers are inhibited to alter the suspect's statements.

- Investigators and investigation officers, after conducting interrogation, shall read out the written record or let the suspect read it. If there are amendments to the written record, investigators, investigation officers and suspects shall affix signatures to endorse such. If a written record has several pages, the suspect shall sign every page. If the suspect writes the statement by himself, investigators, investigation officers and suspects shall affix signatures to endorse such self-declared statement.

- If an interpreter attends the suspect interrogation, investigators and investigation officers must explain the interpreter's rights and duties and the suspect's right to change the interpreter. Every page of the interrogation record shall bear the interpreter’s signature.

If a defense counsel or representative of the suspect attends the interrogation, investigators and investigation officers must explain the attendees' rights and duties during the process of interrogation. Suspects, defense counsel or representative shall affix signatures onto the written record of interrogation.

If the defense counsel is permitted to address questions to the suspect, the written record must contain all inquiries raised by the defense counsel and the suspect's responses.

- If a procurator interrogates the suspect, the written record shall abide by Article 178 of the Criminal Procedure Code 2015. The written record of suspect interrogation shall be promptly sent to investigators to be put into case files.

Mai Thanh Loi

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