Bộ Luật Tố Tụng hình sự Việt Nam 2015 tiếng Anh - Criminal Procedure Code of Vietnam.
Tải về Bộ Luật Tố Tụng hình sự 2015 tiếng Anh - Criminal Procedure Code of Viet Nam TẠI ĐÂY
NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness |
Law No. 101/2015/QH13
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Hanoi, 27 November 2015
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CRIMINAL PROCEDURE CODE
National
Assembly issues the Criminal Procedure Code
PART ONE
GENERAL
Chapter I
SCOPE OF REGULATION, OBJECTIVES AND EFFECT OF THE
CRIMINAL PROCEDURE CODE
Article 1. Scope of regulation
Criminal
procedure code prescribes the procedures and formalities for lodging and
processing of criminal information, filing of charges, investigation,
prosecution, adjudication, and certain courses of action for the enforcement of
criminal judgments. Furthermore, the Law regulates the missions, authority and
liaisons of authorities and individuals given authority to institute
proceedings (referred to as competent procedural authorities and persons), the
rights and duties of entities engaging in proceedings, other authorities and
entities, and international cooperation in criminal procedure.
Article 2. Objectives of the Criminal procedure code
Criminal
procedure code is intended to expose and settle every criminal act in precise,
just and timely manners, to preclude, protest and combat crime for omission of
no infractions, to protect guiltless people from unjust conviction, to uphold
justice, to defend human rights and citizenship rights, to conserve socialism,
to secure the Government's benefits, to protect the legitimate rights and
interests of organizations and individuals, to educate people to consciously
conform to the laws.
Article 3. Effect of Criminal procedure code
1. Criminal
procedure code governs every activity of criminal procedures in territories of
the Socialist Republic of Vietnam.
2.
International agreements, which the Socialist Republic of Vietnam has signed,
or the principles of reciprocity shall govern the criminal procedure against
aliens committing offences in territories of the Socialist Republic of Vietnam.
If diplomatic
or consular immunity is conferred on an alien according to the laws of Vietnam,
international treaties, which the Socialist Republic of Vietnam observes, or
international practices, such international treaties or practices shall
prevail. If relevant international treaties or practices do not exist, matters
shall be resolved through diplomacy.
Article 4. Terminology
1. In this
Law, words and phrases below are construed as follows:
a) Authorities
given authority to institute legal proceedings (referred to as competent
procedural authorities) indicate presiding authorities and those assigned
to carry out certain activities of investigation.
b) Individuals
given authority to institute proceedings (referred to as authorized procedural
persons) include presiding officers and those assigned to carry out certain
activities of investigation.
c) Participants
in legal proceedings refer to persons, authorities, and organizations
participating in legal proceedings according to this Law.
d) Criminal
information includes denouncement, provision of criminal information,
entities' requisitions for charges, perpetrators' confessions, and criminal
information directly gathered by competent procedural authorities.
dd) Accused
persons include those arrest, detainees, suspects, defendants.
e) Kindred
of persons engaging in or commission to institute proceedings is composed
of individuals having relationships with persons participating or authorized to
conduct proceedings. Such individuals include spouse, biological and adoptive
parents, parents in law, biological and adopted children, paternal and maternal
grandparents, biological siblings, maternal and paternal great grandparents,
biological uncles and aunts, biological nephews and nieces.
g) Litigants
include civil plaintiffs, civil defendants and persons incurring interests
and duties from a criminal lawsuit.
h) Confession
means that a perpetrator voluntarily gives statements on his offences to
authorities prior to the happening of such offences or after the exposure of
the perpetrator.
i) Surrender
refers to a perpetrator, after exposed, voluntarily turning himself in and
giving statements on his offences to competent authorities.
k) Coercive
delivery refers to competent authorities’ compulsion of the attendance of
persons who are held in emergency custody, apprehended or temporarily detained,
or suspects and defendants at a place of investigation, prosecution or
adjudication.
l) Forced
escort refers to competent authorities’ coercive taking of witness
testifiers, persons denounced or facing requisitions for charges to a place of
investigation, prosecution or adjudication, or crime victims refusing to
undergo expert examinations.
m) Full
record of identity refers to the document summarizing a suspect’s profile,
identity with photos of three postures and two thumbprints, made and retained
by competent authorities.
n) Basic
record of identity refers to the document summarizing a suspect’s profile
with all fingerprints, made and retained by competent authorities.
o) Serious
breach of legal proceedings means that authorities and persons given
authority to institute proceedings have not executed or have implemented
improperly and inadequately the formalities and procedures, as defined by this
Law, have infringed severely the legitimate rights and benefits of entities
engaging in proceedings, and have influenced the identification of equitable
and comprehensive truths of a lawsuit.
2. In this
Law, the following abbreviations apply to phrases below:
a) Police
investigation authorities in districts, communes, provincial cities and
centrally-affiliated cities’ metropolis are referred to as district
investigation authorities.
b) Police
investigation authorities in provinces and centrally-affiliated cities are
referred to as provincial-level investigation authorities.
c) Military investigation
authorities in military zones and equivalents are referred to as military
investigation authorities of military zone.
d) People’s
Procuracy in districts, communes, provincial cities and centrally-affiliated
cities’ metropolis is referred to as district People’s Procuracy.
dd) People’s
Procuracy in provinces and centrally-affiliated cities is referred to as
provincial-level People’s Procuracy.
e) Military
procuracy in military zones and equivalents are referred to as Military
procuracy of military zone.
g) People’s
Courts in districts, communes, provincial cities, centrally-affiliated cities’
metropolis are referred to as district People’s Courts.
h) People’s
Courts in provinces and centrally-affiliated cities are referred to as
provincial-level People’s Courts.
i) Military
Courts in military zones and equivalents are referred to as military Courts of
military zone.
Article 5. Responsibilities of governmental authorities and
entities in precluding and combating crime
1.
Governmental authorities, as per the range of their responsibilities, must
adopt measures to forestall crime and cooperate with competent procedural
authorities for the preventive fight against crime.
Governmental
authorities must regularly inspect the performance of functions and assignments,
detect and handle violations of laws in timely manner and make prompt reports
to investigation authorities and Procuracy about every criminal act happening
inside such authorities and sectors under their management. Moreover, state
authorities must propound and adduce relevant documents to investigation
authorities and Procuracy for the latters' inspection and filing of charges
against perpetrators of criminal acts.
Heads of
governmental authorities must be held liable for providing investigation
authorities and Procuracy with false or no information on criminal acts
committed inside their premises and sectors under their management.
2. Entities
are entitled to and responsible for exposing, denouncing, reporting, and
combating crime.
3. Competent
procedural authorities are responsible for supporting governmental authorities
and entities to fight against crime.
4.
Governmental authorities and entities are responsible for fulfilling requests
and supporting authorities and persons given authority to institute proceedings
to accomplish their missions.
5.
Inspectorate and governmental audit agencies are responsible for cooperating
with competent procedural authorities in exposing and tackling crime. Upon
detecting signs of criminal activities, governmental authorities must promptly
propound relevant documents and items to investigation authorities and
Procuracy for inspection and filing of criminal charges.
6. Every
action of obstructing competent procedural authorities and persons’ completion
of duties is inhibited.
Article 6. Exposure and correction of justifications and
factors for crime
1. Competent
procedural authorities, when taking criminal proceedings, are responsible for
uncovering reasons and elements leading to crime and proposing concerned entities
to enforce measures of correction and preclusion.
2. Concerned
entities must fulfill such requests by competent procedural authorities. In 15
days upon receiving requests, concerned parties must respond in writing to such
propositions by competent procedural authorities.
Chapter II
FUNDAMENTAL PRINCIPLES
Article 7. Upkeep of socialist law enforcement regarding
criminal procedures
Every
activity of criminal procedures must abide by this Law. The processing of
criminal information, filing of charges, investigation, prosecution and
adjudication shall abide only by the grounds, procedures and formalities as
defined by this Law.
Article 8. Veneration and protection of human rights and
individuals’ legitimate rights and interests.
Competent
procedural authorities and persons, when instituting legal proceedings within
their duties and authority, must respect and protect human rights and
individuals’ legitimate rights and interests. Measures imposed, whose validity
and requisite are regularly inspected, shall be removed or altered if violating
laws or deemed unessential.
Article 9. Conservation of legal equality
Criminal
procedure occurs on the principle under which all people are subject to the
same laws of justice, regardless of race, gender, belief, religion, social
class and status. Every person committing crime is treated under the law.
Every
juridical person is equal before the law, regardless of its form of ownership
and economic class.
Article 10. Sustainment of bodily integrity
Every person
is entitled to inviolability of the physical body. No person is arrested
without a Court’s warrant or Procuracy's decision or approval, except for acts
in flagrante.
Emergency
custody, arrest, temporary detainment or detention must abide by this Law.
Torture, extortion of deposition, corporal punishment or any treatments
violating a person’s body, life and health are inhibited.
Article 11. Protection of individuals’ life, health, honor,
dignity and belongings and juridical persons’ reputation and property
Life, health,
honor, dignity and belongings of every person are protected by the laws.
The laws
penalize all unlawful violations of a person's life, health, honor, dignity and
belongings and a juridical person’s fame, reputation and property.
Vietnamese
citizens cannot be deported or handed to another government.
Article 12. Alimentation of inviolability of residence,
privacy, personal secrecy, family secrets, safety and confidentiality of
personal mail, telephone and telegraph
No person can
illegally violates others’ residence, privacy, personal secrecy, family
secrets, safety and confidentiality of mail, telephone, telegraph and other
forms of personal communication.
Search of
residence, search and seizure or temporary confiscation of mails, phones,
telegraphs, electronic data and other forms of private communication must abide
by this Law.
Article 13. Presumption of innocence
A accused
person is deemed innocent until his guilt is evidenced according to the
procedures and formalities as defined in this Law and a Court passes a valid
conviction.
If grounds
for conviction, as per the procedures and formalities in this Law, do not
suffice, competent procedural authorities and persons shall adjudge the accused
person to be not guilty.
Article 14. Double jeopardy
A person is
not charged, investigated, prosecuted or tried on an act, for which a Court's
effective conviction has been passed, unless that person commits another
act jeopardizing the society and deemed criminal by the Criminal Code.
Article 15. Determination of facts in a lawsuit
Competent
procedural authorities are held liable for proving guilt. A accused
person is entitled to but is not obliged to prove his innocence.
Competent
procedural authorities, within their duties and authority, must use legitimate
measures to determine the facts of a lawsuit in unbiased, thorough and complete
ways, to clarify the evidences of guilt and innocence, aggravation and
mitigation of criminal liabilities of the accused person.
Article 16. Guarantee of right of defense for accused persons
and protection of legal rights and benefits of defendants and litigants
A accused
person is entitled to defend himself or be defended by a lawyer or another
person.
Competent
procedural authorities and persons are responsible for informing accused
persons, defendants and litigants of all of their rights of defense, legitimate
rights and benefits according to this Law. Moreover, competent procedural
authorities and persons shall provide explanations and guarantee the
implementation of all of such rights and benefits.
Article 17. Responsibilities of authorities and persons given
authority to institute proceedings
Competent
procedural authorities and persons, when instituting proceedings, must strictly
conform to the laws and shall be held liable for their actions and decisions.
An individual
violating legal regulations on emergency custody of people, arrest,
imprisonment, custody, charge, investigation, prosecution, adjudication,
sentence enforcement, by nature and level of such violations, shall be
disciplined or face criminal charges according to the laws.
Article 18. Responsibilities for filing of charges and
handling of criminal cases
Competent
procedural authorities, when detecting signs of criminal activities, are
responsible for filing charges and lawsuits within their duties and authority
and for taking measures as defined by this Law to ascertain criminals and
penalize persons and juridical persons found guilty.
Filing of
charges and lawsuits shall only conform to the grounds, procedures and formalities
as defined by this Law.
Article 19. Legal compliance in investigative activities
Investigation
authorities and authorities assigned to perform certain activities of
investigation must observe the laws when conducting investigation as per this Law.
Every
activity of investigation must attend to truths and occur in unbiased, thorough
and complete ways to swiftly and precisely uncover all guilty acts and indicate
evidences of guilt and innocence, aggravation and mitigation of criminal
liabilities, reasons, conditions for crime and other facts essential to handle
the cases.
Article 20. Responsibilities for exercising the right of
prosecution and overseeing legal compliance in criminal procedure
The procuracy
exercises the right of prosecution and oversees legal compliance in criminal
procedure, renders decisions on conviction, expose violations of laws to have
all guilty acts, persons and juridical persons committing crime and violating
laws exposed and penalized in timely and stringent manners. It must assure that
charges, investigation, prosecution, adjudication and sentence enforcement
apply to the exact entities precisely for what they commit according to the
laws. It must assure that omission of crime and criminals or misjudgment does
not occur.
Article 21. Assurance of impartiality of persons given
authority to institute or engaging in legal proceedings
Persons given
authority to institute proceedings, interpreters, translators, expert
witnesses, valuators and witnesses are not permitted to engage in proceedings
if they may not be impartial, for any reasons, to carry out duties.
Article 22. Trial by jury
Jury trial
occurs in a Court of first instance, unless summary procedures are implemented
according to this Law.
Article 23. Independence of Judge and Jury and sole
compliance to the laws
Judge and
Jury adjudicate independently and comply solely with the laws. Authorities and
entities are forbidden to interfere the adjudication by Judge and Jury.
Authorities
and entities interfering the adjudication by Judge and Jury in any manners
shall be disciplined, face administrative fines or criminal charges, by nature
and level of their violations, according to the laws.
Article 24. Collective adjudication
A Court tries
collectively and renders decisions under majority rule, except for summary
procedures according to this Law.
Article 25. Timely, just and public trial
A Court holds
trials in timely manner by the regulated deadline and upholds fairness.
A Court tries
publicly and every person is entitled to attend the trial, unless otherwise
stated in this Law. For special cases involved in state secrets, national
traditions, protection of persons aged below 18 or personal privacy as per
litigants’ rational requests, a Court may try in closed session but must
pronounce its judgments publicly.
Article 26. Assurance of oral arguments in adjudication
process
During the
charges, investigation, prosecution, adjudication, investigators, prosecutors,
persons authorized to institute proceedings, defendants, defense counsels and
other persons participating in proceedings are equally entitled to present and
evaluate evidences and make requests for clarification of objective truths of
the lawsuit.
Documents and
evidences from the case file, brought to The procuracy to the Court for trial,
must be sufficient and legitimate. All relevant persons, as defined by this
Law, must attend a criminal Court. Absence must be because of force majeure or
objective obstacles or other situations according to this Law. The Court is
responsible for supporting prosecutors, defendants, defense counsels and other
participants in legal proceedings to exercise all of their rights and duties
and provoke oral arguments in democratic and equal manners before the Court.
All evidences
of guilt and innocence, aggravation and mitigation of criminal liabilities,
citation of Points, Sections or Articles in the Criminal Code for determination
of defendants’ crimes, sentences, compensations, and handling of proofs and
other facts essential to the lawsuit must done, argued and specified in court.
The Court’s
judgments and rulings must be subject to the inspection and assessment of
evidences and oral arguments in court.
Article 27. Affirmation of first-instance and appellate
procedure
1. Trial by first-instance and
appellate Courts is affirmed.
A
first-instance Court’s judgments or rulings may be appealed according to this
Law. A first-instance Court's judgments or rulings, if not appealed by the
deadline as defined in this Law, shall come into effect.
A first-instance
Court's judgments, if appealed, shall be reheard by an appellate Court. The
appellate Court’s judgments or rulings shall come into force.
2. A Court’s effective judgments or
rulings, if such is found to make a serious error of law or new facts emerge as
per this Law, shall be reviewed through the procedures of cassation or
reopening, respectively.
Article 28. Warranty of the effect of Court’s judgments and
rulings
1. Authorities and entities must
observed a Court's judgments or rulings, after given legal effect.
Concerned authorities’ and entities’ compliance must be exercised in
grave manner.
2. Authorities and entities, under
their missions, authority and duties, are responsible for cooperating,
supporting and fulfilling requests from authorities and entities liable for
enforcing a Court's judgments and rulings.
Article 29. Spoken and written language for criminal
procedure
Vietnamese is
the spoken and written language for criminal procedure. Participants in
proceedings are permitted to speak and write in their native languages, in the
mandatory presence of a translator.
Article 30. Civil matters in criminal cases
Civil matters
in criminal cases are resolved during the settlement of criminal cases. If a
criminal lawsuit deals with damage claims backed by insufficient evidences and
causing little effect on the settlement of such case, civil matters may be
separated and settled through civil procedure.
Article 31. Guarantee of compensations for crime victims in
criminal cases
1. Persons held in emergency
custody, arrested, temporarily detained or held in detention, charged,
investigated, prosecuted, tried and sentenced incorrectly or illegally shall be
compensated for physical and spiritual damage and restoration of dignity.
The
government is held liable for compensating persons, held in emergency custody,
arrested, temporarily detained or held in detention, charged, investigated,
prosecuted, tried and sentenced incorrectly or illegally by competent
procedural authorities and persons, damage and recovery of dignity and
interests.
2. Other persons suffering from
damage caused by competent procedural authorities and persons are entitled to
the Government’s compensations.
Article 32. Guarantee of rights of complaint and denouncement
in criminal procedure
Individuals
are permitted to file complaints or denouncement, while organizations are
allowed to file complaints, against violations of legal regulations on criminal
procedure by competent procedural authorities and persons or personnel of such
entities.
Competent
authorities and persons must receive, hear and settle complaints and
denouncements in timely and lawful manners. Results of their hearings and
solutions shall be given in writing to persons and organizations filing
accusations or complaints.
Procedures,
formalities and authority for the settlement of complaints and accusations are
governed by this Law.
It is
inhibited to take vengeance on persons filing complaints or accusations or to
abuse rights of complaint and denouncement to vilify others.
Article 33. Inspection and supervision of criminal procedure
1. Competent procedural authorities
and persons must regularly inspect the activities of criminal procedure within
their powers and manage units receiving, handling criminal information,
pressing charges, conducting investigations, prosecuting, adjudicating and
enforcing sentences.
2. Governmental authorities,
Committee of Vietnam Fatherland Front and its members units, and elective
representatives of people are sanctioned to supervise competent procedural
authorities and persons’ activities and settlement of complaints and
denouncement.
If competent
procedural authorities and persons are found to violate laws, governmental
authorities and elective people’s representatives can propose and the Committee
of Vietnam Fatherland Front can propose competent procedural authorities to
consider and resolve such matters according to this Law. Competent procedural
authorities must analyze, handle and respond to the said propositions and
request as per the laws.