To distinguish between witnesses and witness testifiers in criminal cases in Vietnam

Criteria

Witness testifiers

Witnesses

Definition

Witness testifiers possess knowledge of facts relating to the crime and lawsuit and receive competent procedural authorities' subpoena to testify.

 Witnesses are requested by competent procedural authorities to witness legal proceedings according to the Criminal Procedure Code 2015.

Persons cannot be a witness/Witness testifiers

The following persons cannot testify:

- Defense counsels of accused persons;

- Persons not conscious of facts pertaining to criminal information and lawsuit or not capable of giving judicious testimonies due to their mental or physical impairment.

The following persons cannot be a witness:

- Kindred of accused persons or given authority to institute legal proceedings;

- Persons deprived of judicious consciousness due to mental or physical impairment;

- Persons less than 18 years old;

- There are evidences of a person’s bias.

Rights

Witness testifiers are entitled to:

- Be informed or explained about their rights and duties as per this Article;

- Request summoning authorities to protect their life, health, honor, dignity, property, legitimate rights and benefits and kindred against menaces;

- File complaints about competent procedural authorities and persons’ decisions and legal proceedings appertaining to matters that they testify for and against;

- Have their expenditure of travel and other expenses covered by summoning authorities as per the laws.

Witnesses are entitled to:

- Be informed and explained about their rights and duties as per this Article;

- Request authorized procedural persons to abide by the laws and protect their life, health, honor, dignity, property, legitimate rights and benefits, and kindred against menaces;

- Read reports of legal proceedings, and give opinions on legal proceedings that they witness;

- Complain about competent procedural authorities and persons’ decisions and legal proceedings pertaining to matters that they witness;

- Have expenses covered by summoning authorities as per the laws.

Obligations

Witness testifiers bear these duties:

- Be present as per competent procedural authorities’ subpoena. If their absence due to any but not force majeure or objective obstacles hinders the handling of criminal information, charges, investigations, prosecution, adjudication, they may be escorted by force;

- Present facts to their knowledge on criminal information and lawsuits and reasons leading to such knowledge in honesty.

Witnesses bear these duties:

- Appear as per competent procedural authorities’ subpoena;

- Witness all legal proceedings as requested;

- Sign records of activities that they witness;

- Maintain confidentiality of investigative activities that they witness;

- Present facts that they witness in honesty at the requests for competent procedural authorities.

Legal basis

Article 66 of the Criminal Procedure Code 2015

Article 67 of the Criminal Procedure Code 2015