Who are crime victims? What are the rights and obligations of the crime victims in Vietnam?

Who are crime victims? What are the rights and obligations of the crime victims in Vietnam? (Internet image)

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

1. Who are crime victims?

According to Clause 1, Article 62 of the Criminal Procedure Code 2015, crime victims are physical persons suffering from direct damage to physical body, mentality and property, or organizations whose property and reputation are impaired or threatened.

2. What are the rights and obligations of the crime victims in Vietnam?

- Crime victims or their legal representatives are entitled to:

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

+ Present evidences, documents, items and requests;

+ Confer on relevant evidences, documents and items and request authorized procedural persons to inspect and evaluate such;

+ Requisition expert examinations and valuation as per the laws;

+ Be informed of results of investigations and lawsuits;

+ Request the change of authorized procedural persons, expert witnesses, valuators, interpreters and translators;

+ Recommend punitive measures, compensation level and guarantees of compensation;

+ Attend the trial; provide opinions, request Court president to question defendants and attendees in court; engage in oral arguments in court to defend their legitimate rights and benefits; read the Court’s reports;

+ Defend or have their legitimate rights and benefits defended;

+ Engage in other activities of legal procedure as per this Law;

+ Request competent procedural authorities to protect their life, health, honor, dignity, property, legitimate rights and benefits, kindred against menaces;

+ Appeal against the Court’s judgments and rulings;

+ Complain about competent procedural authorities and persons’ decisions and legal proceedings;

+ Other rights as per the laws.

If a lawsuit is brought at the requests for crime victims, they or their legal representatives shall state accusations in court.

- Crime victims bear these duties:

+ Be present as per authorized procedural persons’ subpoena. If they are absent due to any but not force majeure or objective obstacles, they may be escorted by force;

+ Abide by competent procedural authorities and persons' decisions and request.

If an entity is murdered, missing, bereaved of legal capacity, its representative shall execute its rights and duties as per the Criminal Procedure Code 2015.

Organizations as crime victims, if divided, separated, consolidated or merged, shall have their rights and duties above possessed by their legal representatives or entities inheriting such duties and rights.

(Article 62 of the Criminal Procedure Code 2015)

3. In what cases must the victim under 18 years of age be separated from the defendant during the trial in Vietnam?

According to Article 10 of Circular 02/2018/TT-TANDTC, during the trial of the case, the Trial Panel must isolate the victim who is under 18 years old from the defendant in the following cases:

- Cases where the victim is a person under 18 years old who was sexually assaulted, abused, or trafficked;

- Cases where the victim is under 10 years old;

- Other cases where there is a request from a person under 18 years old or their representative and the Trial Panel finds it necessary to quarantine to ensure the best interests of the person under 18 years old.

During the trial of the cases mentioned above, the victims participated in the trial in an isolated room.

Information about court proceedings as well as the exercise of their rights and obligations is transmitted via an online television system with audio or by other means, but it must be ensured that they fully monitor the proceedings of the trial and exercise their rights and obligations.

Representatives, guardians, experts or social-psychological officers, and child protection workers must be present in the isolation room to support the victim in participating in the trial.

Nguyen Ngoc Que Anh

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