Tải về Bộ Luật Tố Tụng hình sự 2015 tiếng Anh - Criminal Procedure Code of Viet Nam TẠI ĐÂY
|
NATIONAL ASSEMBLY
--------
|
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness |
|
Law No. 101/2015/QH13
|
Hanoi, 27 November 2015
|
CRIMINAL PROCEDURE CODE
.jpg "Bộ Luật Tố Tụng hình sự tiếng Anh - Criminal Procedure Code")
Pursuant to the Constitution of the Socialist Republic of Vietnam;
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.