Article 48. Temporary detainee

1. A person held in custody is a person arrested in an emergency, committing a crime in the act of a crime, a person arrested under a wanted decision or a person who has confessed or surrendered and has made a detention decision to them.

2. Detainees have the right to:

A) Knowing the reason for his detention;

B) Rights and obligations explained;

C) Present testimony;

D) To defend themselves or ask others to defend;

E) Present documents, objects and requests;

E) Complain about custody, decisions and procedural acts of agencies and persons with procedural competence.

3. Temporary detainees are obliged to comply with the provisions of law on custody.

Article 49. The accused

1. Defendant is a person who has been criminally prosecuted.

2. The accused has the right to:

A) Know what crime you have been charged with;

B) Rights and obligations explained;

C) Present testimony;

D) Present documents, objects and claims;

E) Request to replace procedure-conducting persons, expert witnesses and interpreters according to the provisions of this Code;

E) To defend themselves or ask others to defend;

G) Receive the decision to prosecute; decide to apply, change or cancel deterrent measures; investigation conclusion; to suspend or suspend the investigation; to decide to suspend or suspend the case; the indictment, the decision to prosecute; Other procedural decisions as provided for by this Code;

H) Complain about competent procedural authorities and persons’ decisions and legal proceedings.

3. The accused must be present under the subpoena of the investigation agency or procuracy; in case of absence without plausible reasons, they may be escorted; if you run away, you will be wanted.

Article 50. Defendant

1. Defendants are persons who have been brought to trial by the Court.

2. The defendant has the right to:

A) To receive the decision to bring the case to trial; decide to apply, change or cancel deterrent measures; decide to terminate the case; court judgments and rulings; Other procedural decisions as provided for by this Code;

B) Attend court sessions;

C) Rights and obligations explained;

D) Request to change procedure-conducting persons, expert witnesses and interpreters according to the provisions of this Code;

E) Present documents, objects and requests;

E) To defend themselves or ask others to defend;

G) Presenting opinions and arguments at the court hearing;

H) Final words before deliberation;

I) Appeal against the Court’s judgments or rulings;

K) Complain about competent procedural authorities and persons’ decisions and legal proceedings.

3. The defendant must be present under the court’s subpoena; in case of absence without plausible reasons, they may be escorted; if you run away, you will be wanted.

Article 51. Victims

1. Victim is a person suffering physical, mental or property damage caused by a crime.

2. Victims or their legal representatives have the right to:

A) Present documents, objects and claims;

B) Be informed of investigation results;

C) Request the replacement of procedure-conducting persons, expert witnesses and interpreters according to the provisions of this Code;

D) Proposal of compensation and compensation security measures;

E) Attend court sessions; present opinions and arguments at court sessions to protect their legitimate rights and interests;

E) Complain about competent procedural authorities and persons’ decisions and legal proceedings; appeal against court judgments and decisions on compensation as well as penalties for defendants.

3. In cases where the cases are prosecuted at the request of the victims specified in Article 105 of this Code, the victims or their legal representatives shall present their charges at court sessions.

4. The victim must be present under the summons of the investigation agency, procuracy or court; If you refuse to report without a plausible reason, you may be subject to criminal liability according to Article 308 of the Penal Code.

5. In cases where the victims die, their legal representatives have the rights specified in this Article.

Article 52. Civil plaintiffs

1. Civil plaintiff is an individual, agency or organization that has suffered damage caused by a crime and has filed a claim for damages.

2. Civil plaintiffs or their legal representatives have the right to:

A) Present documents, objects and claims;

B) Be informed of investigation results;

C) Request the replacement of procedure-conducting persons, expert witnesses and interpreters according to the provisions of this Code;

D) Proposal of compensation and compensation security measures;

E) Attend court sessions; present opinions and arguments at court sessions to protect the plaintiff’s legitimate rights and interests;

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

G) Appeal against the Court’s judgments or rulings on compensation.

3. The civil plaintiff must be present under the subpoena of the investigation agency, procuracy or court and present truthfully details related to the claim for damages.

Article 53. Civil defendants

1. Civil defendants are individuals, agencies or organizations, which, as prescribed by law, must pay compensation for damage caused by their criminal acts.

2. Civil defendants or their legal representatives have the right to:

A) To complain about civil plaintiffs’ claims for compensation;

B) Present documents, objects, requests;

C) To be informed of investigation results related to the claim;

D) Request to change procedure-conducting persons, expert witnesses and interpreters according to the provisions of this Code;

E) Attend court sessions; present opinions and arguments at court sessions to protect the defendants’ legitimate rights and interests;

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

G) Appeal against the Court’s judgments or rulings on compensation.

3. The civil defendant must be present under the subpoena of the investigation agency, procuracy or court and truthfully present details related to the compensation for damage.

Article 54. Persons with interests and obligations related to the cases

1. Persons with interests and obligations related to the cases or their legal representatives have the rights to:

A) Present documents, objects and claims;

B) Attend court sessions; to express opinions and debate at court sessions to protect their legitimate rights and interests;

C) Appeal against the Court’s judgments or rulings on matters directly related to their rights and obligations;

D) Complain about competent procedural authorities and persons’ decisions and legal proceedings.

2. Persons with interests and obligations related to the cases must be present under the subpoena of investigation authorities, procuracies and courts and present truthfully facts directly related to their interests and obligations. your case.

Article 55. Witnesses

1. Anyone who knows details pertaining to the case can be summoned to testify.

2. The following persons may not testify:

A) Defense counsels of defendants and defendants;

B) The person is mentally or physically deficient, but is unable to perceive the facts of the case or is unable to make a proper statement.

3. A witness has the right to:

A) To request the agency summoning them to protect their life, health, honor, dignity, property and other legitimate rights and interests when participating in the proceedings;

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

C) Travel expenses and other expenses paid by summoning authorities in accordance with the law.

4. A witness has the obligations:

A) To be present under the subpoena of investigation authorities, procuracies or courts; in case of intentional failure to come without a plausible reason and their absence hinders the investigation, prosecution or trial, they may be escorted;

B) To truthfully declare all facts that you know about the case.

Witnesses who refuse or evade their testimonies without plausible reasons shall bear penal liability according to Article 308 of the Penal Code; Making false statements is subject to criminal liability according to Article 307 of the Penal Code.

Article 56. Defense defense

1. An advocate can be:

A) Lawyer;

B) Legal representatives of persons held in custody, accused or defendants;

C) People’s advocate.

2. The following persons may not make excuses:

A) The person instituted the proceedings in that case; a relative of the person who has been or is conducting the proceedings in that case;

B) Persons who participate in such cases as witnesses, expert witnesses or interpreters.

3. An defense can defend many detainees, defendants or defendants in the same case, if their rights and interests do not conflict. Many defense counsels can defend a detainee, defendant, or defendant.

4. Within three days as from the date of receiving the request of the defense counsels together with papers related to the defense, the investigation agency, procuracy or court must consider and issue a person certificate. make excuses for them to make excuses. If refusing to issue a certificate, the reason must be clearly stated.

In case of detention of persons, within 24 hours after receiving the request of the defense counsels and papers related to the defense, the investigating agency must consider and issue the defense counsel’s certificate. make excuses for them to make excuses. If refusing to issue a certificate, the reason must be clearly stated.

Article 57. Selection and change of defense counsels

1. The defense counsels are selected by the detainees, defendants, defendants or their legal representatives.

2. In the following cases, if the accused, defendants or their legal representatives do not invite the defense counsels, the investigating bodies, the procuracies or the courts must request the Bar Association to assign their offices. the lawyer appoints their defense counsels or requests the Vietnam Fatherland Front Committee and its member organizations to appoint defense counsels for members of their own organizations:

A) The accused or defendants are charged with a penalty of the highest penalty as prescribed in the Penal Code;

B) The accused or defendant is a minor or person with mental or physical defects.

In the cases specified at Points a and b, Clause 2 of this Article, defendants, defendants and their legal representatives still have the right to request to change or to refuse defense counsels.

3. The Vietnam Fatherland Front Committee and the Front’s member organizations have the right to appoint people’s defense counsels to defend the detainees, defendants or defendants being members of their organizations.

Article 58. Rights and obligations of defense counsels

1. Defense counsels participate in the proceedings from the time they prosecute the defendants. In case of arresting persons according to the provisions of Articles 81 and 82 of this Code, defense counsels shall participate in the proceedings from the time the custody decisions are issued. In cases where it is necessary to keep the investigation of a national security offense, the Chief Procurator of the Procuracy shall decide to let the defense counsels participate in the proceedings from the end of the investigation.

2. An advocate has the right to:

A) To be present when taking testimony of the person held in custody, when interrogating the accused and if the investigator agrees, he / she may question the detainee or the accused and participate in other investigative activities; see records of proceedings involving your participation and procedural decisions related to the person you are defending;

B) Request investigation authorities to notify in advance the time and place of interrogation of the accused so that he / she will be present when interrogating the accused;

C) Request the replacement of procedure-conducting persons, expert witnesses and interpreters according to the provisions of this Code;

D) Collect documents, objects and details related to the defense from detainees, suspects, defendants, relatives of these persons or from agencies, organizations or individuals upon request. of the person held in custody, the accused or the defendant, if it does not belong to State secrets or working secrets;

E) Present documents, objects and requests;

E) Meet the person in custody; meet the accused, the accused is being held in detention;

G) Read, take notes and copy documents in case files related to the defense after the investigation is completed in accordance with the law;

H) Participate in questioning and debate at court sessions;

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

K) Appeal against the Court’s judgments or rulings if the defendant is a minor or a person with mental or physical defects specified at Point b, Clause 2, Article 57 of this Code.

3. Defense counsels have the obligations:

A) Use all measures prescribed by law to clarify details that determine the detainee, the accused, the innocent, and the circumstances that mitigate the criminal liability of the accused or defendant.

Depending on each stage of proceedings, upon collecting documents and objects related to the case, defense counsels shall have to hand them over to investigation agencies, procuracies or courts. The delivery and receipt of such documents and objects between defense counsels and procedural-conducting agencies must be recorded in writing according to the provisions of Article 95 of this Code;

B) To help the detainee, the accused or the defendant legally to protect their legitimate rights and interests;

C) Do not refuse to defend the person held in custody, the accused or the defendant, if there is no plausible reason;

D) Respect for truth and law; not to bribe, force or incite others to make false statements or provide false documents;

E) To be present under court subpoena;

E) Not to disclose investigation secrets that they know when performing the defense; must not use documents recorded or copied in case files to infringe upon the interests of the State, legitimate rights and interests of agencies, organizations and individuals.

4. If defense counsels act against the law, depending on the nature and severity of their violations, their defense counsel’s certificates will be revoked, disciplined, administratively sanctioned or examined for penal liability; If causing damage, they must pay compensations according to the provisions of law.

Article 59. Defense counsels of the involved parties’ interests

1. Victims, civil plaintiffs, civil defendants, persons with interests and obligations related to criminal cases have the right to seek lawyers, people’s defense counsel or other persons authorized by investigation authorities The Procuracy and courts accept the protection of their interests.

2. The defense counsels of the involved parties’ interests may participate in the proceedings from the time the accused is prosecuted.

3. The defense counsels of the interests of the involved parties have the rights to:

A) Present documents, objects and claims;

B) Read, record and copy documents in the case file related to the protection of the interests of the involved parties after the investigation is completed in accordance with the law;

C) Participate in questioning and debate at court sessions; view court records;

D) Complain about competent procedural authorities and persons’ decisions and legal proceedings.

Defenders of interests of victims, civil plaintiffs and civil defendants have the right to request replacement of procedure-conducting persons, expert witnesses and interpreters in accordance with this Code.

If the litigants are minors or have mental or physical defects, their defense counsels have the right to be present when the proceeding agency takes testimony of the person they protect; to appeal against the part of the Court’s judgments or rulings related to the interests and obligations of the persons they protect

4. The defense counsels of the interests of the involved parties shall have the following obligations:

A) Using all measures prescribed by law to contribute to clarifying the truth of the case;

B) Helping the involved parties legally to protect their legitimate rights and interests.

Article 60. Experts

1. Expert witnesses are persons who have necessary knowledge about the domains to be expertized and invited by procedure-conducting agencies according to the provisions of law.

2. An assessor has the right to:

A) Investigate the case’s documents related to the subject matter expertised;

B) Request the agency soliciting the assessment to provide the necessary documents for the conclusion;

C) Participate in interrogating, taking testimonies and asking questions on issues related to the assessed subject;

D) To refuse the assessment in case the time is not enough to conduct the assessment, the documents provided are insufficient or invalid to conclude, the content of the assessment request is beyond knowledge. my specialist;

E) To separately write their conclusions in the general conclusion if they disagree with the general conclusions in case the assessment is conducted by a group of assessors.

3. Expert witnesses must be present under the summons of investigation bodies, procuracies or courts; they are not allowed to disclose investigation secrets they know when participating in the proceedings as expert witnesses.

An expert who refuses to give expert conclusions without a plausible reason shall bear penal liability according to Article 308 of the Penal Code. Experts who conclude deceit must bear criminal responsibility according to Article 307 of the Penal Code.

4. Expert witnesses must refuse to participate in the proceedings or be changed, if:

A) Fall into one of the cases prescribed in Clauses 1 and 3, Article 42 of this Code;

B) Having instituted proceedings in the capacity as heads, deputy heads of investigating bodies, investigators, heads, deputy heads of procuracies, procurators, chief justices, deputy court presidents, judges judges, jurors, court clerks or has participated as defense counsels, witnesses, interpreters in such cases.

The change of expert is decided by the soliciting agency.

Article 61. Interpreters

1. Interpreters are requested by investigation bodies, procuracies or courts in cases where procedure participants cannot use Vietnamese.

2. Interpreters must be present according to the summons of investigation bodies, procuracies or courts and must translate honestly; not to disclose investigation secrets; If the translation is fraudulent, the interpreter shall bear penal liability according to Article 307 of the Penal Code.

3. Interpreters must refuse to participate in the proceedings or be changed, if:

A) Fall into one of the cases prescribed in Clauses 1 and 3, Article 42 of this Code;

B) Having instituted proceedings in the capacity as heads, deputy heads of investigating bodies, investigators, heads, deputy heads of procuracies, procurators, chief justices, deputy court presidents, judges judges, jurors, court clerks or has participated as defense counsels, witnesses, examiners in such cases.

The changing of interpreters is decided by the requesting agency.

4. The provisions of this Article shall also apply to those who know the signs of the mute and the deaf.

Article 62. Responsibilities for explaining and ensuring the performance of rights and obligations of participants in proceedings

Procedure-conducting agencies and persons shall have to explain and ensure the performance of rights and obligations of procedure participants in accordance with this Code. The explanation must be recorded in the minutes.