Article 63. Issues to be proved in criminal cases
When investigating, prosecuting and adjudicating criminal cases, investigation agencies, procuracies and courts must prove:
1. Whether or not the offense has occurred, the time, place and other details of the criminal act;
2. Who is the person who commits the crime; errors or errors, intentional or unintentional; have criminal liability capacity or not; criminal intentions and motives;
3. Aggravating circumstances and circumstances that mitigate the criminal liability of the accused or defendants and the personal characteristics of the accused or defendants;
4. The nature and extent of the damage caused by the criminal acts.
Article 64. Evidence
1. Evidence is real things, collected according to the order and procedures prescribed by this Code and used by investigation agencies, procuracies and courts as a basis for determining whether or not to act. criminals, offenders as well as other facts necessary for the correct resolution of the cases.
2. Evidence is determined by:
B) Testimonies of witnesses, victims, civil plaintiffs, civil defendants, persons with interests and obligations related to the case, arrestees, detainees, defendants, defendants ;
C) Assessment conclusions;
D) Minutes of investigation and adjudication and other documents and items.
Article 65. Evidence gathering
1. To collect evidences, the investigating bodies, procuracies and courts have the right to summon people who know about the cases to ask questions and listen to them to present matters related to the cases, to solicit supervision. determine and conduct search, examination and other investigative activities in accordance with this Code; request agencies, organizations and individuals to provide documents, objects and present facts to clarify the case.
2. The participants in the proceedings, agencies, organizations or any individuals can present documents, objects and present matters related to the case.
Article 66. Evidence evaluation
1. Each evidence must be evaluated to determine its legality, authenticity and relevance to the case. The determination of collected evidences must be sufficient for the resolution of a criminal case.
2. Investigators, Procurators, Judges and Assessors determine and evaluate all evidence with full responsibility, after studying in a comprehensive, objective, comprehensive and complete manner all details of the case.
Article 67. Witness testimony
1. Witnesses present what they know about the case, the identity of the arrestee, the detainee, the accused, the accused, the victim, their relationship with the arrestee and temporary detainee hold, defendants, defendants, victims, other witnesses and answer questions posed.
Facts may not be used as evidence presented by witnesses, if they cannot clearly state why they are known.
Article 68. Testimony of the victim
1. The victim shall present details of the case, their relationship with the arrestee, detainee, accused or defendant and answer questions.
2. It may not be used as evidence of facts presented by the victim, if they cannot say clearly why such details are known.
Article 69. Testimonies of civil plaintiffs and civil defendants
1. Civil plaintiffs and civil defendants present facts related to the compensation for damage caused by crimes.
2. It may not be used as evidence of facts presented by civil plaintiffs or civil defendants, if they cannot say clearly why such facts are known.
Article 70. Testimonies of persons with interests and obligations related to the cases
1. Persons with interests and obligations related to the cases present facts directly related to their rights and obligations.
2. It is not allowed to use as evidence facts presented by persons with interests and obligations related to the case, if they cannot clearly state why they are known.
Article 71. Statements of arrestees or detainees
Persons arrested and detained shall present facts related to their suspicions of committing crimes.
Article 72. Testimony of the accused, the defendant
1. The accused or defendants present details of the case.
2. The confession of the accused or the defendant can only be regarded as evidence, if it is consistent with other evidences of the case.
It is forbidden to use the accused’s confession of guilt as the only evidence for a conviction.
Article 73. Expertise conclusions
1. The assessor concludes on the matter requested for assessment and must be personally responsible for that conclusion.
Expertise conclusions must be expressed in writing.
If the assessment is conducted by a group of examiners, all members sign the joint conclusion. In case of having different opinions, each person shall write their own conclusion in the joint conclusion.
2. In cases where the procedure-conducting agencies disagree with the assessment conclusions, the reasons must be clearly stated. If the conclusion is unclear or incomplete, the decision on additional assessment or re-assessment must comply with general procedures. .
Article 74. Exhibits
Exhibits are objects used as tools and means of crimes; criminal traces, objects that are the subject of crime as well as money and other objects with criminal value and offender value.
Article 75. Collection and preservation of exhibits
1. Exhibits should be collected in a timely and complete manner, described in the correct situation in the minutes and included in the case file.
In cases where exhibits cannot be included in the case files, they must be photographed and able to record them for inclusion in the case file. Exhibits must be sealed and preserved.
2. Exhibits must be preserved intact, not to be lost, confused or damaged. The sealing and preservation of exhibits are carried out as follows:
A) Exhibits that need to be sealed up must be sealed up immediately after their collection. The sealing and opening of the seal must be carried out according to the provisions of law and must be recorded in writing to include in the case file;
B) Exhibits being money, gold, silver, precious metals, gems, antiques, explosives, flammable substances, toxins, radioactive substances must be examined immediately after being collected and must be immediately transferred for storage at banks or other specialized agencies;
C) For exhibits that cannot be taken to procedure-conducting agencies for preservation, the procedure-conducting agencies shall hand over such exhibits to the lawful owners, managers of objects, property or relatives of the family name or the local authority, agency or organization where the evidence is stored;
D) For exhibits that are perishable goods or difficult to preserve, if they do not fall into the cases specified in Clause 3, Article 76 of this Code, the competent agencies specified in Clause 1, Article 76 of this Code shall be in violation. violating his powers to decide to sell according to the provisions of law and transfer money to custody accounts of competent agencies at the State Treasury for management;
E) For exhibits brought to the agency conducting legal proceedings to preserve, the police agency shall preserve the exhibits during the stage of investigation and prosecution; The judgment enforcement agency is responsible for preserving exhibits during the stage of trial and judgment execution.
3. Persons responsible for preserving exhibits that lose, damage, destroy seals, consume, transfer, swap, hide or destroy exhibits of the cases, depending on the nature and level. the extent of violation that is disciplined or examined for penal liability according to the provisions of Article 310 of the Criminal Code; in case of adding, removing, modifying, exchanging, destroying or damaging exhibits of a case in order to falsify the case file, they shall bear penal liability according to the provisions of Article 300 of the Criminal Code; If causing damage, they must pay compensations according to the provisions of law.
Article 76. Handling of exhibits
1. The handling of material evidences shall be decided by the investigation agency if the case is to be suspended at the stage of investigation; decided by the Procuracy, if the case is suspended at the stage of prosecution; to be decided by the Court or Trial Panel at the trial stage. Execution of decisions on material handling must be recorded in minutes.
2. Exhibits are handled as follows:
A) Exhibits being tools, means of committing crimes, or objects banned from circulation shall be confiscated, withdrawn to the State fund or destroyed;
B) Exhibits are objects and money owned by the State, organizations or individuals that are appropriated by offenders or used as tools or means of crime, then returned to their owners or appropriate managers. France; in case the legal owner or manager cannot be identified, the State fund shall be supplemented;
C) Exhibits being money or property acquired through the crime shall be confiscated for the State fund;
D) Exhibits that are perishable goods or difficult to preserve may be sold according to the provisions of law;
E) Exhibits which are invalid or unusable shall be confiscated and destroyed.
3. In the course of investigation, prosecution or adjudication, the competent agency defined in Clause 1 of this Article may decide to return the exhibits specified at Point b, Clause 2 of this Article to owners or persons. legal management, if deeming it does not affect the handling of the case.
4. In cases of disputes over ownership over exhibits, they shall be settled according to civil procedure.
Article 77. Minutes of investigation and adjudication
Details are recorded in records of arrest, search, scene examination, autopsy, confrontation, identification, investigation experiments, court records and other proceedings. Conduct in accordance with this Code can be regarded as evidence.
Article 78. Other documents and objects in the case
Details related to the case recorded in documents as well as objects provided by agencies, organizations or individuals can be regarded as evidence.
In cases where these documents and objects show signs specified in Article 74 of this Code, they shall be regarded as exhibits.