Who are the participants in legal proceedings in Vietnam?

Who are the participants in legal proceedings in Vietnam? (Internet image) 

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

1. Who are the participants in legal proceedings in Vietnam?

According to Article 55 of the Criminal Procedure Code 2015, participants in criminal proceedings include:

- Denouncers, informants and individuals proposing charges.

- Persons denunciated or facing requisitions for charges.

- Persons held in emergency custody.

- Arrestees.

- Temporary detainees.

- Suspects.

- Defendants.

- Crime victims.

- Civil plaintiffs.

- Civil defendants.

- Individuals bearing duties and interests from the lawsuits.

- Witness testifiers.

- Witnesses.

- Expert witnesses.

- Valuators.

- Interpreters and translators.

- Defense counsels.

- Protectors of legitimate rights and benefits of crime victims and litigants.

- Protectors of lawful rights and benefits of persons denunciated or facing requisitions for charges.

- Legal representatives of juridical persons committing crime and other delegates as per the Criminal Procedure Code 2015.

2. Responsibilities for announcement and explanation of rights and duties of participants in proceedings in Vietnam

Responsibilities for announcement and explanation of rights and duties of participants in proceedings in Vietnam under Article 71 of the Criminal Procedure Code 2015 is as follows:

- Competent procedural authorities and persons are responsible for announcing and explaining the rights and duties of persons participating in legal proceedings and for assuring the latters' execution of such obligations and grants according to the Criminal Procedure Code 2015.

If a accused person or aggrieved is entitled to legal aid as per the Law on legal aid, competent procedural authorities and persons are responsible for elucidating their right of legal aid. If such person petitions for legal aid, competent procedural authorities and persons shall promptly inform a Governmental legal aid centers.

- Announcement and explanation must be recorded in writing.

3. Duties, authority and responsibilities of Judges

Duties, authority and responsibilities of Judges according to Article 45 of the Criminal Procedure Code 2015 are as follows:

- A judge, when assigned to hear criminal cases, bears the following duties and authority:

+ Examine case files prior to the start of a trial;

+ Hear cases;

+ Engage in other activities of legal procedure and vote on matters within the powers of the Trial panel;

+ Transact other activities of legal procedure within the Court’s powers as per The court president’s assignments.

- The presiding judge has the duties and powers as stipulated in Section 1 of Article 45 of the Criminal Procedure Code 2015 and below:

+ Decide to implement, alter and abort preventive and coercive measures, save those for detention;

+ Decide to return case files for further investigation;

+ Decide to have cases heard; to dismiss or adjourn lawsuits;

+ Manage the hearing of cases, oral arguments in court;

+ Decide to have expert examinations started newly or afresh or extended, to perform experimental investigations; to change or have expert witnesses replaced; to order valuation or have valuators changed;

+ Order or requisition the appointment or change of defense counsels; change of supervisors for perpetrators under 18; request the appointment and replacement of translators and interpreters;

+ Decide to summon witness testifiers to the Court;

+ Engage in other duties and powers of legal procedure within the Court’s powers as per The court president’s assignments according to the Criminal Procedure Code 2015.

- Judges shall be held liable under the laws for their actions and decisions.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE