Article 3. Guarantee of the socialist legislation in criminal proceedings
All criminal procedure activities of procedure-conducting agencies, procedure-conducting persons and procedure participants must be conducted in accordance with this Code.
Article 4. Respect and protection of the basic rights of citizens
When conducting legal proceedings, heads, deputy heads of investigating bodies, investigators, heads, deputy heads of The procuracies, procurators, chief justices, deputy court presidents, judges and jurors Its scope of responsibility must respect and protect the legitimate rights and interests of citizens, regularly check the legitimacy and necessity of the measures taken, promptly cancel or alter any such measure, if it is deemed to be in violation of law or is no longer necessary.
Article 5. To ensure equal rights of all citizens before the law
The criminal proceedings are conducted on the principle that all citizens are equal before the law, regardless of their ethnicity, male or female, belief, religion, social class or social status. Any person committing crime is dealt with according to the law.
Article 6.- Guarantee of the citizen’s right to body inviolability
No one is arrested, without the decision of the Court, the decision or approval of the Procuracy, except in the case of an offense in the act of committing a crime.
Arrest and detention of persons must comply with the provisions of this Code.
Prohibit all forms of coercion, corporal punishment.
Article 7.- Protection of the life, health, honor, dignity and property of citizens
Citizens have the right to be protected by law in terms of life, health, honor, dignity and property.
All acts of infringing upon life, health, honor, dignity and property shall be handled according to law.
If victims, witnesses and other participants in legal proceedings as well as their relatives threaten their lives, health, honor, dignity or property, competent agencies shall advance. Procedure must apply necessary measures to protect according to the provisions of law.
Article 8. Assurance of inalienable rights to citizens’ accommodation, safety and confidentiality of correspondence, telephones and telegrams
No one is allowed to infringe upon citizens’ accommodation, safety and confidentiality of correspondence, telephones and telegrams.
The search of accommodation, search, seizure and seizure of mails and telegrams, when conducting legal proceedings, must comply with the provisions of this Code.
Article 9. No one is considered guilty until the court’s conviction has not yet taken legal effect
No one is considered guilty and is subject to a penalty without the legally effective court’s conviction.
Article 10. Determination of the truth of the case
Investigating agencies, procuracies and courts must apply all legal measures to determine the truth of the case objectively, comprehensively and completely, and clarify evidences of guilt and evidence. determine the innocence, aggravating circumstances and circumstances that mitigate the criminal liability of the accused or the accused.
The responsibility to prove a crime rests with the agency conducting the proceedings. Defendants and defendants have rights but are not required to prove their innocence.
Article 11.- Ensuring the right to defense of the detainees, defendants and defendants
The person held in custody, the accused or the defendant has the right to defend himself or ask others to defend.
Investigation agencies, procuracies and courts are responsible for ensuring that detainees, suspects and defendants exercise their right to defend in accordance with this Code.
Article 12.- Responsibilities of procedure-conducting agencies and procedure-conducting persons
In the course of proceedings, procedure-conducting agencies and procedure-conducting persons must strictly abide by the provisions of law and take responsibility for their own acts and decisions.
Any person who violates the law in arrest, detention, prosecution, investigation, prosecution, adjudication, judgment execution shall, depending on the nature and seriousness of their violations, be disciplined or examined for responsibility. Criminal.
Article 13. Responsibility to institute and handle criminal cases
When detecting signs of a crime, investigation agencies, procuracies and courts shall, within the ambit of their respective tasks and powers, have to initiate lawsuits and apply measures prescribed by this Code to crime identification and handling of offenders.
The lawsuit is not allowed outside of the grounds and procedures prescribed by this Code.
Article 14.- Ensuring the impartiality of persons conducting or participating in procedures
Heads, Deputy Heads of Investigators, Investigators, Heads, Deputy Heads of The procuracies, Procurators, Chief Justices, Deputy Chief Justices of the Courts, Judges, Assessors, Court Clerks may not Proceedings or interpreters or examiners may not participate in the proceedings, if there is a good reason to believe that they may not be impartial in the performance of their duties.
Article 15: Implementation of the trial regime in which jurors participate
The adjudication of the People’s Courts shall be attended by People’s Assessors and by Military Courts in accordance with the provisions of this Code. When adjudicating, the juror is equal to the Judge.
Article 16. Judges and jurors conduct trial independently and abide by law only
When adjudicating, judges and jurors are independent and obey only law.
Article 17. The Court conducts a collective trial
The Court conducts trial collectively and decides by majority.
Article 18. Public trial
The Court’s adjudication is conducted in public, everyone has the right to attend, except for the cases prescribed by this Code.
In special cases where it is necessary to keep State secrets, the national fine traditions or customs or to keep the involved parties’ secrets at their legitimate requests, the courts shall conduct trials secretly, but must declare the judgments publicly.
Article 19.- Ensuring equal rights before courts
Prosecutors, defendants, defense counsels, victims, civil plaintiffs, civil defendants, persons with interests and obligations related to the case, their legal representatives, rights defenders The interests of the involved parties have equal rights in presenting evidences, documents, objects, making claims and in democratic arguments before courts. The court is responsible for enabling them to exercise those rights in order to clarify the objective truth of the case.
Article 20: Implementation of the two-level trial regime
1. The Court applies a two-level trial regime.
Courts’ first instance judgments or rulings may be appealed against or protested against according to the provisions of this Code.
First-instance judgments or decisions that are not appealed or protested within the time limit prescribed by this Code shall take legal effect. For first-instance judgments or rulings being appealed against or protested, the cases must go to appellate trial. The appellate judgment or decision takes legal effect.
2. For legally effective court judgments or decisions, law violations are detected or new facts are detected, they shall be reviewed according to cassation or reopening procedures.
Article 21. Director of the trial
The superior courts supervise the adjudication of the lower courts, the Supreme People’s Court supervises the adjudication of the People’s Courts and Military Courts at all levels to ensure the serious application of the law and unified.
Article 22.- Ensuring the validity of the Court’s judgments and decisions
1. The legally effective court judgments and decisions must be executed and respected by agencies, organizations and all citizens. Concerned individuals, agencies and organizations, within the scope of their respective responsibilities, must strictly abide by the court’s judgments or decisions and be held responsible before law for such execution.
2. Within the scope of their respective responsibilities, the State agencies, the commune, ward and township administrations, organizations and citizens must coordinate with the agencies and organizations tasked to execute the judgments and decisions of Court in judgment execution.
State agencies, the authorities of communes, wards and townships are responsible for facilitating and fulfilling requests of agencies and organizations tasked to execute the Court’s judgments and decisions on judgment execution.
Article 23. Exercise of prosecution rights and administer legal compliance in criminal proceedings
1. The procuracy exercises prosecution rights in criminal procedures and decides to prosecute offenders before courts.
2. The procuracies supervising the law observance in criminal procedures shall have to promptly detect law violations by procedure-conducting agencies, procedure-conducting persons and procedure participants. take measures prescribed by this Code to eliminate the violations of the law by these agencies or individuals.
3. The procuracy exercises prosecution rights and administers the law observance in criminal procedures in order to ensure that all criminal acts are handled in a timely manner; prosecution, investigation, prosecution, adjudication, execution of judgments on the right person, right crime, according to law, not to let criminals and offenders, not to slander innocent people.
Article 24. Spoken and written language used in criminal proceedings
The spoken and written language used in criminal proceedings is Vietnamese. Procedure participants have the right to use their own national language and script, in this case, an interpreter is required.
Article 25. Responsibilities of organizations and citizens in the fight to prevent and fight crimes
1. Organizations and citizens have the right and obligation to detect and denounce criminal acts; participate in the fight to prevent and fight crime, contribute to protecting the interests of the State, the legitimate rights and interests of citizens and organizations.
2. Procedure-conducting agencies have the responsibility to create conditions for organizations and citizens to participate in criminal proceedings; must reply to the results of handling reports and denunciations about crimes to the organizations that have reported the news and those who denounced the crimes.
3. Organizations and citizens shall have to fulfill their requests and create conditions for procedure-conducting agencies and procedure-conducting persons to perform their tasks.
Article 26. Coordination between State agencies and procedural-conducting agencies
1. Within the scope of their respective responsibilities, State agencies must apply crime prevention measures; coordinate with investigation agencies, procuracies and courts in the fight against crime prevention and combat.
State agencies must regularly examine and inspect the performance of their assigned functions and tasks; promptly detect acts of law violation for handling and must immediately notify investigation agencies and procuracies of all criminal acts occurring in their agencies and in the fields of their management; has the right to propose and send relevant documents to the investigation agency and procuracy for consideration and prosecution against the person committing a crime.
Heads of state agencies shall be responsible for their failure to notify criminal acts occurring within their agencies and in the fields of their management to investigation authorities and procuracies.
State agencies shall have to fulfill their requests and create conditions for procedure-conducting agencies and procedure-conducting persons to perform their tasks.
All acts of obstructing the activities of procedure-conducting agencies and procedure-conducting persons are strictly forbidden to perform their duties.
2. Inspection agencies shall have to coordinate with investigation agencies, procuracies and courts in detecting and handling crimes. When detecting a case with criminal signs, relevant documents must be immediately transferred and proposed to the investigation agency or procuracy to consider and prosecute the criminal case.
3. Within the scope of their responsibilities, investigation agencies and procuracies must consider and settle criminal reports and propose prosecution and reply to the settlement results to the State agencies that have reported. or recommendations to know.
Article 27. Discovering and overcoming the causes and conditions of the crime
In the course of criminal proceedings, investigation authorities, procuracies and courts are responsible for finding out the causes and conditions of the crime and requesting relevant agencies and organizations to take measures. remediation and prevention.
Concerned agencies and organizations must reply to the implementation of the requests of investigation agencies, procuracies and courts.
Article 28. Settlement of civil problems in criminal cases
The resolution of civil matters in criminal cases is carried out together with the resolution of criminal cases. In case a criminal case must settle the issue of compensation and reimbursement without proving conditions and does not affect the settlement of the criminal case, it can be separated for settlement according to civil procedures. the.
Article 29. Ensuring the right to compensation and restoration of honor and interests of the unjustly held person
Persons with unjustly caused by competent persons in criminal proceedings have the right to compensation for damage and restore their honor and interests.
Agencies competent in criminal proceedings have committed injustice must compensate for damage and restore honor and benefits of the defendant; The person who caused the damage has the responsibility to reimburse the competent authority in accordance with the law.
Article 30. Guarantee of the right to compensation for victims of damage caused by the agency or person with criminal procedure-conducting competence
An aggrieved person caused by a competent agency or person in criminal proceedings has the right to compensation.
Competent agencies in criminal proceedings must compensate the victims; The person who caused the damage has the responsibility to reimburse the competent authority in accordance with the law.
Article 31. Ensuring the right to complain and denounce in the criminal procedure
Citizens, agencies and organizations have the right to lodge complaints, citizens have the right to denounce illegal acts in criminal proceedings of agencies and persons competent to conduct criminal proceedings or of any wrongdoings. any individual belonging to those agencies.
The competent authority must receive, consider and promptly and legally settle complaints and denunciations; notify in writing of settlement results to complainants and denunciators know and take corrective measures.
The order, procedures and competence to settle complaints and denunciations are provided for by this Code.
Article 32. Supervision of agencies, organizations and elected deputies of activities of procedure-conducting agencies and procedure-conducting persons
State agencies, the Vietnam Fatherland Front Committee, the Front’s member organizations and elected deputies have the right to oversee the activities of procedure-conducting agencies and procedure-conducting persons; supervise the settlement of complaints and denunciations by procedure-conducting agencies and procedure-conducting persons.
If detecting unlawful acts of procedure-conducting agencies or procedure-conducting persons, state agencies or elected deputies may request, the Vietnam Fatherland Front Committee, and municipal organizations. A member of the Front has the right to make a petition to a competent procedure-conducting agency for consideration and settlement in accordance with this Code. Competent procedure-conducting agencies must consider, settle and respond to such petitions and requests in accordance with law.