CRIMINAL PROCEDURE

CODE
{Takes effect from 01/01/2018 according to Resolution no. 41/2017/QH14}
  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.

Terminology
 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.

Terminology
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.
  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.

Abbreviations  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.
Participants in criminal
proceedings
  Participants in criminal proceedings are individuals, agencies,
organizations, and legal entities who are requested by
Participants in competent authorities to conduct proceedings or persons

criminal competent to conduct proceedings to participate in criminal

proceedings. because they have rights and obligations related to
proceedings the case, participate to protect the rights of others or according
to legal obligations.
  Those participating in the proceedings are divided into the
following 3 groups:
- People participating in the proceedings have rights and
Participants in obligations related to the case (people reporting, reporting
criminal crimes, recommending prosecution; people being denounced,
people recommended for prosecution; people being detained in
proceedings emergency situation, arrested person; detained person; suspect;
defendant; victim; civil plaintiff; civil defendant; person with
rights and obligations related to the case).
 - People participating in proceedings to protect the rights of
other individuals and organizations (defenders; defenders of
the legal rights and interests of victims and litigants; defenders

Participants in of the legal rights and interests of the defendant) denunciation,

petition for prosecution; legal representative of the criminal
criminal legal entity, other representatives according to the provisions of
the Criminal Procedure Code).-
proceedings - Persons participating in legal proceedings according to
their obligations (witnesses, witnesses, experts, property
valuators, interpreters, translators).
  1. Denouncers, informants and
individuals proposing charges.
 12. Witness testifiers.
 2. Persons denunciated or facing
 13. Witnesses.
requisitions for charges.
 14. Expert witnesses.
 3. Persons held in emergency
custody.  15. Valuators.

 4. Arrestees.  16. Interpreters and translators.

 17. Defense counsels.
Participants in  5. Temporary detainees.
 6. Suspects.  18. Protectors of legitimate rights
criminal  7. Defendants.
and benefits of crime victims and
litigants.
proceedings  8. Crime victims.
 19. Protectors of lawful rights and
(Article 55)  9. Civil plaintiffs. benefits of persons denunciated or
facing requisitions for charges.
 10. Civil defendants.
 20. Legal representatives of
 11. Individuals bearing duties and
juridical persons committing
interests from the lawsuits.
crime and other delegates as per
this Law.
 EVIDENCE AND
DEMONSTRATION IN CRIMINAL
PROCEEDINGS
  Evidence is real things, collected according to the order and
procedures prescribed by the Criminal Procedure Code, and

1. Definition used as a basis to determine whether or not a crime has been

committed and who committed the crime and other details that
are significant in solving the case.​
2. ATTRIBUTES OF EVIDENCE

a. • Objectivity

b. • Relevance

c. • Legitimacy
  Evidence is what is real, exists objectively, is independent of
human consciousness and does not depend on the ability of
humans to perceive it or not.

Objectivity  That is, the information contained in the traces that reflect the
crime must be as truthful as the crime actually occurred not due
to imaginative inference or fabrication.
 For example: Testimony of the accused,....
  Evidence must be closely related to the issues that need to be
proven in criminal cases.

Relevance  It must accurately reflects one or more details of the case,

contributing to clarifying part or all of the issues that need to be
proven in the criminal case.
  Evidence must be reflected from evidence sources prescribed
Legitimacy by law and collected, verified, and evaluated by measures in
accordance with the order, procedures, and authority prescribed
by the Criminal Procedure Code.
 Physical evidence

Testimonies

Sources
Results of appraisal and valuation of assets

Minutes of criminal proceedings & other

documents

Digital evidence

Results
Results of
of judicial
judicial entrustment
entrustment
other
other international
international cooperation
cooperation
+ +

+ +
 Witness Victims
es
Plaintiff
civil defendant

Testimonies
accused,
defendant Relevant
people

detained Arrested
 PREVENTIVE
MEASURES IN
CRIMINAL
PROCEEDINGS
Definition
Preventive measures are State coercive measures in criminal proceedings applied to suspects,
defendants, wanted people or people who have not been prosecuted in order to prevent
crimes and prevent escapes or avoid the law violation of criminals and create favorable
conditions for criminal proceedings.
Measures
- Holding people in case of emergency (Article 110 of the Criminal Procedure Code)
- Arrest
- Temporary detention (Article 117 of the Criminal Procedure Code)
- Detention (Article 118 of the Criminal Procedure Code)
- Guarantee (Article 121 of the Criminal Procedure Code)
- Deposit money as security (Article 122 of the CrPC)
- Prohibited from leaving the place of residence (Article 123 of the Criminal Procedure Code)
- Temporary departure from the country (Article 124 of the Criminal Procedure Code)
Holding people in case of emergency
Holding a person in an emergency is holding a person who is preparing to commit a very serious
or especially serious crime or after committing a crime that is deemed necessary to hold
immediately to prevent that person from escaping or destroying evidence.
Arrest
Arresting a person detained in an emergency is a deterrent measure that can be applied to a
person detained in an emergency when it is deemed necessary to arrest in order to prevent that
person from escaping, continuing to commit crimes or causing difficulties for the authorities.
criminal proceedings.
Arrest of perpetrators of crimes in
flagrante delicto
1. Everyone is permitted to arrest and delivery by force a person, who is caught in and
immediately after the act of committing a crime and chased, to the nearest police station,
Procuracy or People’s committee. The said authorities, when taking in the detainee, must make
written record of the incident and delivery by force the detainee or report to competent
investigation authorities in prompt manner.
2. Everyone is permitted to disarm the detainee when capturing a person caught in the act of
coming a crime.
Apprehension of wanted persons
1. Everyone is permitted to capture and deliver by force a wanted person to the nearest police
station, Procuracy or People’s committee. The said authorities, when taking in the arrestee, must
make written record of the incident and deliver by force the arrestee and report to competent
authorities in prompt manner.
2. Everyone, when capturing a wanted person, is permitted to disarm such person.
3. If communal, ward or town police unit or police station detects, arrests or takes in, it shall
temporarily seize weaponry, retain relevant documents and items, make written record of
arrest, take initial statements, protect crime scene as per the laws, deliver by force the arrestee
or report to competent investigation authorities in prompt manner.
Apprehension of suspects and
defendants for detention
1. The following individuals are entitled to order and decide the apprehension of suspects and
defendants for detention:
a) Heads and vice heads of investigation authorities. In this event, the arrest warrant must be
approved by the equivalent Procuracy prior to apprehension;
b) Head and vice heads of a People’s Procuracy, and head and vice heads of a Military procuracy;
c) Court presidents, Vice court presidents of People’s Courts, and Court presidents and Vice
court presidents of Courts-martial; trial panel.
2. The arrest warrant and written approval of the arrest warrant must specify full name and
address of the arrestee, reasons and other details as per Point 2, Article 132 of this Law.
Enforcers of an arrest warrant must read out the warrant, explain its content, arrestee's duties
and rights, make written record of the arrest, and give the warrant to the arrestee.
Temporary detainment
1. Temporary detainment may apply to persons held in emergency custody or arrested against
crimes in flagrante, malefactors confessing or surrendering or persons arrested as per wanted
notices.
2. The individuals authorized to issue detainment orders as per Section 2 of Article 110 of this
Law are entitled to decide temporary detainment.
A decision on temporary detainment must specify full name and address of the person on
temporary detainment, reason, time, starting and final date of temporary detainment and
details as per Point 2, Article 132 of this Law. The decision on temporary detainment must be
given to the person on temporary detainment.
3. Enforcers of decisions on temporary detainment must inform persons on temporary
detainment and explain their duties and rights as per Article 59 of this Law.
Bail
1. Surety is a preventive measure in lieu of detention. Investigation authorities, procuracies and Courts
shall consider the nature and severity of acts against the society and suspects’ or defendants’ personal
records and decide to approve or refuse bail.
2. Organizations may bail suspects or defendants, who are their employees. An organization undertaking
bail shall present a written promise that bears the signature of its head.
Individuals who are at least 18 years of age, have good records, abide strictly by the laws, gain stable
incomes and are capable for overseeing persons on bail can undertake bail for suspects or defendants
who are their kin. In this event, bail must be undertaken by at least 02 individuals. An individual
undertaking bail must present a written promise endorsed by his workplace or educational facility or
local authorities in the commune, ward or town where he resides.
The written promise from organizations or individuals undertaking bail must guarantee to prevent
suspects or defendants from violating duties as prescribed in Section 3 of this Article. Organizations and
individuals undertaking bail shall be informed of case facts in connection with their undertaking of bail.
Residential confinement
1. Residential confinement is a preventive measure that may apply to suspects and defendants having definite
place of residence and records assuring their presence as per subpoena by investigation authorities,
procuracies or Courts.
2. Suspects and defendants confined to a specific place of residence must guarantee their execution of these
duties in writing:
a) Not to be absent from the specified place of resident without the permission by the authority issuing
residential confinement orders;
b) Be present as per a subpoena, unless force majeure or objective obstacles occur;
b) Not to abscond or continue criminal acts;
d) Not to commit acts of bribing, coercing or inciting other individuals to give false statements or documents,
destroying or forging case evidences, documents and item, shifting property related to the case away,
threatening, repressing or avenging witness testifiers, crime victims, denouncers and their kin.
If suspects and defendants violate duties guaranteed in this Section, they shall be put in detention.
Distrainment of property
1. Distrainment of property only applies to suspects and defendants whose offences are
punishable by mulct or confiscation of property as per the Criminal Code, or applies to
guarantee compensations over damage.
2. Authorized individuals as defined in Section 1, Article 113 of this Law, and Presiding judges are
entitled to make decisions on distrainment of property. Such decisions made by individuals as
defined in Point a, Section 1, Article 113 of this Law shall be ratified by the equivalent Procuracy
prior to the enforcement of decisions.
3. Only parts of property proportionate to probable degree of fine, seizure or compensation for
damage shall be distrained. The property distrained shall be preserved by owners or their kin or
legitimate managers. Persons, if consuming, transferring, swapping, concealing or destroying
distrained property assigned to them, shall incur criminal liabilities as per the Criminal Code.
Freezing of accounts
1. Account freeze only applies to suspects and defendants whose offences are punishable by
mulct or confiscation of property as per the Criminal Code, or applies to guarantee
compensations over damage upon the detection of such persons’ accounts in a credit institution
or state treasury. Account freeze also applies to other people’s accounts evidently found to hold
amounts involved in criminal acts of accused persons.
2. Authorized individuals as defined in Section 1, Article 113 of this Law, and Presiding judges are
entitled to make decisions on account freeze. Such decisions made by individuals as defined in
Point a, Section 1, Article 113 of this Law shall be ratified by the equivalent Procuracy prior to
the enforcement of decisions.
3. Only amounts proportionate to probable degree of fine, seizure or compensation for damage
shall be frozen. Persons assigned to freeze and manage accounts but defreezing such accounts
shall incur criminal liabilities as per the Criminal Code.
CRIMINAL
CHARGE
 Decision
for
criminal
charge

criminal investigat Prosecu execute

Trial
charge ion tion sentence
Justifications of criminal charges

A charge shall only be filed upon the ascertainment of signs of criminal activities.
Signs of criminal activities are ascertained by:
 1. A person’s denunciation;
 2. Information disclosed by an organization or individual;
 3. Information provided through mass media;
 4. A governmental authority’s requisitions for charges;
 5. Competent procedural authorities' direct exposure of signs of criminal
activities;
 6. A perpetrator’s confession.
Denunciations, criminal information disclosed
and requisitions for charges
1. Denunciation refers to an individual’s detection and denouncement of activities
denoting crimes to competent authorities.
2. Criminal information disclosed refers to the data on activities denoting crimes as
disclosed by authorities, organizations and individuals to competent authorities or the
criminal information disclosed through mass media.
3. Requisitions for charges refers to a competent governmental authority's written
requisition enclosed with relevant evidences and documents to investigation authorities
and procuracies authorized to consider and settle cases with signs of criminal activities
4. Denunciation or criminal information may be made or given verbally or in writing.
5. If a person makes or provides false denunciation or criminal information, he shall
incur disciplinary or administrative penalties or face criminal prosecution subject to
the nature and severity of violations as per the laws.
Responsibilities and authority to receive and process
denunciations, criminal information disclosed and
requisitions for charges
1. All denunciations, information and charge requests must be fully acquired and
processed in timely manner. The authorities shall be responsible for receiving and not
rejecting denunciations, information and requisitions.
2. The authorities responsible for receiving denunciations, criminal information
disclosed and requisitions for charges shall include:
a) Investigation authorities and procuracies that obtain denunciations, information
and requisitions;
b) Other authorities that take in denunciations and criminal information disclosed.
3. The authority to handle denunciations, information and charge requests is given to:
a) Investigation authorities processing intra vires denunciations, information and requisitions;
b) Units assigned to investigate process denunciations and criminal information disclosed
within its powers;
c) The procuracy processes denunciations, information and charge requests when investigation
authorities or units assigned to performed certain activities of investigation are found to
commit serious violations of the laws during their inspection and verification of denunciations,
criminal information disclosed, requisitions for charges or omission of crimes. Furthermore,
such issues have not been settled despite the Procuracy’s written requests.
4. The authorities empowered to process denunciations, information and charge requests are
responsible for informing authorities and entities making denunciations, disclosing criminal
information and requisitioning for charges of the results of the former's tasks.
Procedures for receiving denunciations, criminal
information and requisitions for charges

1. When authorities and entities make direct denunciations, disclose criminal

information and requisition for charges, investigation authorities, procuracies and
units assigned to investigate are authorized as per Section 2, Article 145 of this Law
to execute written records of receipt and enter data into a receipt journal. The
acquisition of such information may be recorded by sound or sound-and-visual
means.
 If denunciations, criminal information and requisitions for charges are delivered
by post, by telephone or by other means of communication, entries shall be made
into a receipt journal.
 2. Investigation authorities and units assigned to investigate, if considering certain
denunciations, criminal information disclosed and requisitions for charges ultra
vires, shall be held responsible for transferring such information and relevant
documents to a competent investigation authority in prompt manner.
 The procuracy is responsible for promptly transferring denunciations, information
and charge requests and relevant documents to a competent investigation
authority.
 In the events as defined in Point c, Section 3, Article 145 of this Law, competent
authorities processing denunciations, information and charge requests shall, in 05
days upon the Procuracy’s requests, transfer relevant documents to The procuracy
for consideration and settlement.
3. Ward police units, town police units and police stations shall be responsible for
receiving denunciations and criminal information disclosed, making written records
of receipt and conducting preliminary verification of such information before
promptly transferring such information and relevant documents and items to
competent investigation authorities.
 Ward police units shall be responsible for acquiring denunciations and criminal
information disclosed, making written records of receipt, taking preliminary
statements and transferring such information and relevant documents and items to
competent investigation authorities.
 4. Other authorities and organizations, upon obtaining denunciations and criminal
information disclosed, shall transfer such information to competent investigation
authorities. In emergency events, information may be given to investigation
authorities by phone or other forms of communication. However, such
information must subsequently be documented.
 5. Investigation authorities and units assigned to investigate, in 03 days upon
receiving denunciations, information and requisitions, shall be held responsible
for informing the equivalent Procuracy or competent Procuracy of their receipt of
information in writing.
 Investigation Agencies

Procuracies
Subjects for
Criminal charges
Courts

Agencies assigned
- The decision to prosecute a case is the legal basis for
investigating and clarifying the criminal case, giving rise
to legal relations of criminal proceedings.

- The decision not to prosecute a criminal case is the legal

basis for terminating criminal proceedings regarding
information about a crime.
 grounds to prosecute criminal cases

Identification

A case took place Criminal signs

(time, location…)

Danger error Going Punish

Against able
The
law
  What is self-confession?
 Distinguish between confession and surrender (refers to a
perpetrator, after exposed, voluntarily turning himself in and giving statements on his
offences to competent authorities.)?
 Tự nguyện
khai báo về TH1: Sự việc phạm tội,
hành vi PT người phạm tội
của mình chưa bị phát hiện
Tự thú
Trước khi TH2: Sự việc phạm tội đã
tội phạm hoặc bị phát hiện, người phạm
người PT bị tội chưa bị phát hiện
phát hiện

Sau khi bị Không phải

phát hiện là cơ sở
Người xác định
Đầu thú
phạm tội Tự nguyện trình căn cứ
diện, khai báo KTVA
 ...................................... CỘNG HOÀ XÃ HỘI CHỦ NGHĨA VIỆT NAM
................................................ Độc lập – Tự do – Hạnh phúc
Số:.......................
......................., ngày ........ tháng ........ năm .........

QUYẾT ĐỊNH KHỞI TỐ VỤ ÁN HÌNH SỰ

DECISION TO PROSECUTE CRIMINAL CASE

Tôi/name: ....................................................................................................................................
Chức vụ/position: .............................................................................................................................
Căn cứ/grounds ................................................................................................................................
....................................................................................................................................................
Sau khi xác định có dấu hiệu tội phạm/ criminal signs .............................................................................
....................................................................................................................................................
quy định tại Điều ............... Bộ luật hình sự nước CHXHCN Việt Nam;
Căn cứ Điều (*) Bộ luật Tố tụng hình sự nước CHXHCN Việt Nam;
Căn cứ các Điều 34, 100 và 104 Bộ luật Tố tụng nước CHXHCN Việt Nam.

QUYẾT ĐỊNH/announcement :
Khởi tố vụ án hình sự/PROSECUTE CRIMINAL CASE

................................................................................................................
....................................................................................................................................................
xảy ra tại ....................................................................................................................................
Quyết định này gửi đến VKSND/ Send to procuracy ..............................................................................................
.....................................................................................
Investigation
 Decision
for
criminal
charge

criminal investigat Prosecu execute

Trial
charge ion tion sentence
Definition
Criminal case investigation is a stage of the criminal proceedings in which competent authorities
apply investigative measures prescribed by the Criminal Procedure Code to identify criminals,
people, and or commercial entities committing a criminal act as well as other circumstances
necessary for the proper resolution of a criminal case.
+ Criminal case investigation is a stage of criminal proceedings: this stage begins after the
decision to prosecute a criminal case is made until the conclusion of the investigation and
recommendation for prosecution or decided to suspend the investigation.
+ Agencies competent to investigate criminal cases include: Investigation agencies and other
agencies assigned to conduct a number of investigative activities in accordance with the
provisions of law.
+ Investigation measures prescribed by the Criminal Procedure Code include: Interrogating the
suspect, taking statements from witnesses, victims, confrontation, identification, etc.
+ The purpose of criminal case investigation: is to determine the crime and the person or
commercial legal entity committing the crime as well as other details necessary for the proper
resolution of the criminal case.
Duties of criminal investigation
- Prepare criminal case files
- Identify the crime and the person or commercial legal entity committed the crime as well as
other details related to the resolution of the case
- Identify the causes and conditions of crimes, request relevant agencies and organizations to
apply remedial and preventive measures
The authority to investigate
1. Investigation authorities of the people’s police force shall delve into every crime, save those falling
into the powers of investigation authorities of the People’s Army or of the Supreme People’s
Procuracy.
2. Investigation authorities of the People’s Army shall inquire into crimes falling into the jurisdiction
of a military Court.
3. Investigation authorities of Supreme People’s Procuracy or Central military procuracy shall probe
violations of judicial activities, corruption, and breach of positions in the sector of justice, as defined
in chapter XXIII and chapter XXIV of the Criminal Code, against offenders as officials and employees
of investigation authorities, Courts, procuracies, law enforcement authorities and against individuals
empowered to engage in judicial activities.
4. Investigation authorities are authorized to investigate criminal cases that occur in their assigned
territories. If crimes occur in various or unidentified places, the investigation authority adjacent to
the offender's place of exposure, of residence or of capture shall conduct investigative activities.
 Measures to investigate

Interrogate the accused Examination of crime scenes

Take statements from the
victim; witness; civil plaintiff, Examination of corpses,
civil defendant; people with
related rights and obligations
examination of traces,
Confrontation

experimental investigation
Voice recognition
Solicit appraisal and valuation
Searching of assets;

confiscate and temporarily Special investigative measures.

detain documents and objects;
Summoning of witness testifiers
1. Investigators, when summoning witness testifiers for deposition, shall send out a subpoena.
2. A subpoena for a witness testifier shall specify the witness testifier’s full name, residential address or work address or
educational facility’s address; time, date and location for his appearance, objectives, tasks and schedule, contact
individuals and liabilities for absence not due to force majeure or objective obstacles.
3. The delivery of the subpoena is as follows:
a) The subpoena is given to the witness testifier directly or through local authorities at the commune, ward or town where
the witness testifier resides or his workplace or educational facility. In all circumstances, signatures must be affixed to
confirm the delivery of the subpoena. Local authorities at the commune, ward and town where the witness testifier
resides or his workplace or educational facility shall be responsible for supporting the witness testifier to perform his
duties;
b) The subpoena for a witness testifier less than 18 years of age shall be given to his parents or representative.
c) The delivery of the subpoena for the witness testifier according to a foreign entity's judicial delegation shall be governed
by this Article and the Law on judicial assistance.
4. Procurators, if necessary, may convene the witness testifier for deposition. Summoning of a witness testifier shall be
governed by this Article.
Deposition by witness testifiers
1. A witness testifier’s deposition shall be carried out at the investigative scene, his residential place or
workplace or educational facility.
2. If there are several witness testifiers in a case, each person shall give testimonies separately and prevented
from interacting with others during the process of deposition.
3. Investigators and investigation officers, before conducting depositions, must explain witness testifiers’ rights
and duties as per Article 66 of this Law. Such activities shall be recorded in writing.
4. Investigators, before inquiring into the case, must ask about the relationship of the witness testifiers,
suspects and defendants and personal information of the witness testifiers. Investigators, before raising
questions, shall ask the witness testifiers to speak or write their knowledge of the case in honest and
voluntary manners.
5. If investigators' deposition sessions are deemed biased or unlawful, procurators shall take statements from
witness testifiers. If evidences and documents must be clarified to facilitate the Procuracy’s charges or its
approval or rejection of the investigation authority’s decision to charge, witness testifiers’ statements shall be
taken by procurators. Witness testifiers' depositions shall be governed by this Article.
Confrontation
1. If testimonies from two or several persons come into conflict despite various investigative measures
implemented, investigators shall conduct a confrontation. Investigators, before carrying out a confrontation, must
inform the equivalent Procuracy to assign procurators administering the confrontation. Procurators must be present
to administer the confrontation. The procurators' absence shall be clearly described in the written record of
confrontation.
2. Investigators must explain liabilities against witness testifiers or crime victims refusing, avoiding or falsifying
depositions, prior to their participation in a confrontation. Such process shall be recorded in writing.
3. Investigators, at the beginning of the confrontation, shall inquire into the mutual relationship of attendees before
asking about facts to be clarified. Investigators, after listening to the confrontation, may raise additional questions to
each attendee.
Investigators, during the confrontation, can present relevant evidences, documents and items. Attendees may
question each other. Their questions and answers shall be reduced to writing.
4. The confrontation may be recorded by sound or sound-and-visual means.
5. Procurators, if necessary, may organize the confrontation.
Identification
1. Investigators, when necessary, may present persons, photos or items to witness testifiers,
suspects or defendants for identification.
There must be at least three externally identical persons, photos or items to be identified,
except for the identification of corpses.
Investigators, prior to the identification, must inform the equivalent Procuracy to assign
procurators administering the process of identification. Procurators must be present to
administer the identification. The procurators' absence shall be clearly described in the written
record of identification.
……….
Recognition of voices
1. Investigators, when necessary, may let crime victims, witness testifiers or arrestees, detainees and
defendants to recognize voices.
There must be at least three voices in similar timbre and loudness.
Investigators, prior to the recognition of voices, must inform the equivalent Procuracy to assign procurators
administering the process of voice recognition. Procurators must be present to administer the process of
voice recognition. The procurators' absence shall be clearly described in the written record of voice
recognition.
2. The following persons bear the obligation to attend a process of voice recognition:
a) Expert witnesses of sound;
b) Persons requested to recognize voices;
c) Persons presented to be recognized by voice, unless voice recognition is done through a sound recorder;
d) Witnesses.
Special investigative and procedural
measures
- Special investigative and procedural measures
After prosecuting a case, during the investigation process, the person with authority to conduct proceedings may
apply special procedural investigation measures: Secret audio and video recording; listen to phone calls secretly;
covert collection of electronic data.
- In case of applying special investigative and procedural measures
Special investigative and procedural measures can be applied to cases of crimes infringing on national security,
drug crimes, corruption crimes, terrorism crimes, and money laundering crimes; Other organized crimes belong
to the category of particularly serious crimes.
- Authority and responsibility to decide and implement decisions to apply special investigative and procedural
measures
The Head of the Provincial Investigation Agency, the Head of the Military Investigation Agency at the military zone
level or higher, on his own initiative or at the request of the Director of the Provincial People's Procuracy, the
Head of the Military Procuracy at the military zone level may The right to decide to apply special investigative and
procedural measures
Prosecution & Trial
Definition

 Prosecution is the stage of criminal proceedings in which

the Procuracy conducts necessary activities to prosecute
the defendant in court with an indictment or make other
procedural decisions to properly resolve the criminal case.
The tasks of procuracy in prosecution

a. Delivery and receipt of documents

b. Research documents

c. Make decision
 Decide to merge or separate the case

Decide to apply, change or cancel preventive measures

Return the file for additional investigation

Decision to temporarily suspend or suspend the case

Decision to prosecute the accused

Decision to reinstate the case

Decide to merge or separate the case

 The defendant committed many crimes; The defendant committed the crime
multiple times; Many defendants committed the same crime, or together with the
defendant,
 there were other people who hid the crime or did not report the crime, or
consumed property obtained by the defendant's crime.
 The accused fled; The defendant has a serious illness; The defendant was
subjected to compulsory medical treatment.
Decide to apply, change or cancel
preventive measures
 After receiving the case file and the investigation conclusion, the Prosecutor must
review and check the preventive measures applied to the suspect.
 If necessary, propose to the Procuracy Director to apply, continue to apply, change
or cancel preventive measures.
 In cases where the defendant is in detention but the detention period has expired,
if it is deemed necessary to continue detention to complete the indictment, the
Procuracy may issue a temporary detention order.
 In case the time limit for studying the dossier must be extended and it is deemed
that the suspect must still be detained, the Director of the Procuracy may decide to
extend the detention.
Return the file for additional investigation

 There is a lack of evidence to prove one of the issues that must be proven as
prescribed in Article 85 - Criminal Procedure Code that the Procuracy cannot
supplement on its own;
 There are grounds to prosecute the defendant for one or more other crimes;
 There are accomplices or other criminals involved in the case but the accused has
not been prosecuted;
 There is a serious violation of legal proceedings.
Decision to temporarily suspend or
suspend the case
 When a judicial assessment concludes that the defendant has a mental illness or a
serious illness, the case can be temporarily suspended before the time limit for
deciding on prosecution expires;
 When the suspect flees without knowing where the suspect is but the time limit
for deciding on prosecution has expired; In this case, the Investigation Agency
must be requested to pursue the suspect before suspending the case.
 When soliciting appraisals, requesting asset valuation, and requesting foreign
legal assistance without results but the time limit for deciding on prosecution has
expired. In this case, appraisal, asset valuation, and mutual legal assistance
continue until results are obtained.

Decision to suspend the case: (Article 248)

Decision to prosecute the accused

 The indictment clearly states the progress of the crime; Evidence to determine the
defendant's criminal behavior, tricks, motives, purpose of the crime, nature and
extent of damage caused by the crime; the application, change, or cancellation of
preventive measures and enforcement measures; aggravating and mitigating
circumstances,
 Personal characteristics of the accused; the seizure and temporary seizure of
documents, objects and the handling of evidence; causes and conditions leading to
the crime and other circumstances that are meaningful to the case.
 The conclusion of the indictment clearly states the crime and the applicable
articles, clauses, and points of the Penal Code.
Decision to reinstate the case

 When there is a reason to cancel the decision to suspend the case or the decision
to temporarily suspend the case, the Procuracy shall decide to reinstate the case if
the statute of limitations for criminal prosecution has not yet expired.
 Within 03 days from the date of decision, the Procuracy must deliver the decision
to reinstate the case or the decision to reinstate the case against the suspect to the
suspect or the defendant's representative;
 Send it to the agency that has completed the investigation of the case and the
defense counsel; Notify victims, litigants, and defenders of their legitimate rights
and interests.
CRIMINAL CASE TRIAL

 Trial of a criminal case is a stage of the criminal proceedings, in which the Court
brings the criminal case for consideration to determine
 whether a crime has occurred or not,
 whether the person or commercial legal entity mentioned in the case,
 Whether the case is guilty or not,
 then decide to bring the case to trial to issue a sentence appropriate to the nature
and level of danger of the act that that person or commercial legal entity has
committed or make decisions for other necessary proceedings.
 Judges & people's jury

Prosecutor

Lawyer
The accused
General regulations on proceedings at trial

Direct, oral
and
continuous
Trial panel Jurisdiction
trial
 Direct trial is when the Trial Council
directly examines evidence right at the
trial, not just based on the case file.

Direct,
Oral trial is the passage of questions from the
oral and TRIAL COUNCIL to the RELEVANT parties and
their answers, through debate in Court to
continuo determine the content of the case.
us trial
Continuous trial is the conduct of trial
continuously in time from start to finish,
except for necessary breaks such as:
Lunch break, dinner break, holidays...
During the trial, the jury must be present
continuously at the trial
 The composition of the First
Instance Trial Council
includes 01 Judge and 02
Composi Jurors (People's Jurors or
tion of Military Jurors). In cases of
the First serious and complicated
Instance cases, the Trial Council may
Trial consist of 02 Judges and 02
Council Jurors 03 Jurors (People's
Jurors or Military Jurors)
 * Jurisdiction of Courts at all levels

Case

Thẩm quyền xét xử của toà án các cấp là việc phân

định thẩm quyền xét xử giữa các toà án và giữa các
cấp toà án trong việc xét xử vụ án hình
territory sự
subjects
 *The stages of first-instance trial of criminal cases at trial

Interrogat
Announceme ion/
Debate
Judgm Verdict
nt examinati ent
on
An Example Mock Trial Flow

 https://www.youtube.com/watch?v=qtQDOQM4dM8
 https://www.youtube.com/watch?v=-g0wGzkvv94
TRIAL PREPARTION

Article 276. Obtain case files, charging documents and admit the case
1. When the Procuracy delivers charging documents, case files and evidences (if available), the Court
shall examine and handle such papers and objects in the following manner:
a) If case files and accompanying exhibits (if any) suffice according to the list of documents and
exhibits, and the suspect or his representative receives charging documents, the case file shall be
admitted;
b) If case files and accompanying exhibits (if any) do not suffice according to the list of documents
and exhibits, or the suspect or his representative does not receive charging documents, the case file
shall not be admitted. In this event, the Procuracy shall be requested to supplement documents and
exhibits or send charging documents to the suspect or his representative.
2. The delivery of case files and charging documents shall be executed in writing according to Article
133 of this Law and be inputted into the case file.
The court, upon receiving case files and charging documents, shall admit the case. The court president
of the Court, in 03 days upon admitting the case, shall appoint The presiding judge who hears the case.
Article 277. Time limit for trial
preparation
1. The presiding judge, in 30 days for misdemeanors, 45 days for felonies, 02 months for horrific felonies and
03 months for extremely severe felonies upon the admission of the case, shall make one of the following
decisions:
a) Hear the case;
b) Return documents for further investigation;
c) Suspend or dismiss the case.
The court president of the Court may decide to extend the time limit for preparation for trial against a complex
case for 15 more days for misdemeanors and felonies and 30 more days at most for horrific felonies and
extremely severe felonies. The equivalent procuracy must be promptly informed of the extension of the time
limit for trial preparation.
2. If a case is returned for further investigation, the Presiding judge, in 15 days upon retrieving documents,
must decide to hear the case. If a case is resumed, the time limit for trial preparation shall abide by universal
stipulations of this Law and commences as of the date of the Court's decision to resume the case.
3. The court, in 15 days upon issuing a decision to hear the case, must hold a trial. If force majeure or objective
obstacles occur, the Court may initiate the trial within 30 days.
Article 278. Implementation, alteration and termination of
preventive and coercive measures

1. The presiding judge, after admitting a case, shall decide to implement, alter and
terminate preventive or coercive measures. However, the Court president or Vice
court president shall make such decisions on detention measure.
2. The time limit for detention prior to trial shall not exceed that for trial preparation
as stated in Section 1, Article 277 of this Law.
3. If the time limit for detention of a defendant in detention expires upon the
initiation of the trial, the Trial panel shall consider the necessity of detention for trial
and issue a detention order that loses effect at the end of the trial.
Article 288. Attendance of members of the
Trial panel and Court clerk
1. The trial shall proceed only in the presence of full members of the Trial panels and
the Court clerk. The members of the Trial panel must hear the case from start to finish.
2. If a Judge or lay assessor cannot continue hearing the case but a reserve Judge or lay
assessor attends the trial from the start, the reserve one shall be the replace member of
the Trial panel. If the Trial panel consists of two judges but the Presiding judge cannot
continue attending the trial, the other Judge shall preside the court and a reserve Judge
shall be the replace member of the Trial panel.
3. If a reserve Judge or lay assessor is not available or a judge substituting the presiding
judge is not available as per Section 2 of this Article, the trial shall be halted.
4. If the Court clerk is changed or cannot continue attending the court, the trial may
progress in the presence of a reserve Court clerk. If a replace clerk is not available, the
trial shall be halted.
Article 289. Attendance of Procurators

 1. A procurator of the equivalent Procuracy must appear in court to exercise

prosecution rights and administer the trial. If the procurator is absent, the trial
shall be halted. Many procurators may attend a lawsuit composed of serious and
complex elements. If procurator(s) cannot attend the trial, reserve procurator(s)
attending the trial from the start shall become replace(s) to exercise prosecution
rights and administer the trial.
 2. If procurator(s) must be replaced or cannot continue exercising prosecution
rights or administering the trial in the absence of reserve procurator(s), the trial
shall be halted.
Article 290. Defendants’ attendance in
the court
1. A defendant must be present in the court as per the Court’s subpoena during the trial. If the
defendant is absent not due to force majeure or objective obstacles, he shall be delivered by force to
the court. If his absence results from force majeure or objective obstacles, the trial shall be halted.
If the defendant suffers from mental illness or fatal disease, the Judicial panel shall suspend the case
until the defendant is cured.
If the defendant absconds, the Trial panel shall suspend the case and request investigation authorities
to seek for him.
2. The court can only hold a trial in absentia in the following events:
a) The defendant has absconded and remains elusive despite the wanted notice;
b) The defendant is on foreign soil and cannot be summoned to the court;
c) The trial panel approves a request for trial in absentia;
d) The defendant’s absence is not because of force majeure or objective obstacles and does not
hinder the trial.
Article 291. Attendance of defense
counsels
1. The defense counsel must appear in court to plead for persons whom they agree to
advocate. The defense counsel may send the written statement of defense to the Court
in advance. If the defense counsel is absent for the first time due to force majeure or
objective obstacles, the trial shall be halted unless the defendant agrees to be tried in
the absence of the defense counsel. If the defense counsel is absent not due to force
majeure or objective obstacles or fails to appear as per the valid second subpoena, the
court shall hold the trial.
2. If a defense counsel appointed as per Section 1, Article 76 of this Law is absent,
the Trial panel shall halt the trial unless the defendant or his representative agrees to
engage in the trial in the absence of the defense counsel.
 Article 292. Attendance of crime victims, litigants or their representatives
 Article 293. Attendance of witness testifiers
 Article 294. Attendance of expert witnesses and valuators
 Article 295. Attendance of interpreters and translators
 Article 296. Attendance of Investigators and other individuals
 APPELLATE
TRIAL - Chapter
XXII
 REGULATIONS ON THE
ENFORCEMENT OF THE COURT’S
SENTENCES AND RULINGS
 SENTENCES AND RULINGS THAT ARE IMMEDIATELY
ENFORCED AND THE AUTHORITY TO DECIDE THE
ENFORCEMENT OF SENTENECS

Article 363. The court’s sentences and rulings that are immediately enforced
• The court's sentences or rulings, though appealable, shall be immediately enforced when the
first-instance court decides to dismiss the case for a defendant in detention or declare that
defendant guiltless or exempt from criminal liabilities or punishments. Moreover,
alternatives to incarceration or suspended prison sentences or jail sentences, whose length of
time is equal to or shorter than the detention time served, shall take immediate effect.
• Warnings shall be delivered in court.
 ARTICLE 364. AUTHORITY AND PROCEDURE TO
ORDER THE ENFORCEMENT OF SENTENCES
1. The president of the court that held the first-instance trial shall assume authority to order the enforcement of sentences or
delegate the president of an equivalent court to order the execution of sentences.
2. The time limit for the issuance of an order for sentence enforcement shall be 07 days upon the effect of the first-instance
court's sentences and rulings or upon the receipt of sentences and rulings from the appellate court or decisions generated
through cassation or reopening procedures.
The court president, when delegated by the president of the court that held the first-instance trial, shall in 07 days upon the
receipt of the written delegation issue an order to enforce the sentences.
3. If a person on bail is sentenced to jail, the order on the enforcement of such prison sentence must state that the said person
must in 07 days upon receiving the written order present himself to a criminal sentence enforcement unit of a district police
office to serve time.
If a person on bail and sentenced to jail absconds, the President of the Court that has ordered the sentence enforcement shall
request a wanted notice to be issued by the criminal sentence enforcement police unit of the provincial Police office at the
location where the prison sentence was passed.
 LEGAL PROCEEDINGS FOR
PERSONS LESS THAN 18 YEARS OF
AGE
 ARTICLE 414. PRINCIPLES OF LEGAL
PROCEEDINGS
1. Legal proceedings must be congenial and conformable to the mentality, age level, maturity level and awareness of
persons less than 18 years of age. Legitimate rights and interests of persons aged under 18 must be assured. Persons
under age of 18 must be guaranteed to gain the best benefits.
2. Personal information of individuals below 18 years of age must be kept confidential.
3. The right to participate legal proceedings must be guaranteed for the representatives of persons under 18, schools,
Youth Union, individuals with experience and knowledge of psychology and social affairs, places where persons aged
below 18 pursue education and do daily activities.
4. The rights of persons under age of 18 to attend and express opinions must be respected.
5. The rights of persons aged under 18 to defense and legal assistance must be guaranteed.
6. Principles of treatments as per the Criminal Code for persons less than 18 years of age must be assured.
7. The cases in connection with persons aged below 18 must be settled in swift and timely manners.
 ARTICLE 419. IMPLEMENTATION OF
PREVENTIVE AND COERCIVE MEASURES
1. Preventive measures and coercive delivery of persons aged below 18 shall be viable only in
truly vital circumstances.
• Temporary detainment or detention of accused persons less than 18 years of age shall be
viable only on the grounds that supervisory approach and other preventive measures fail.
The permissible duration of the detention of accused persons under 18 shall be two thirs of
the time limit for the detention of individuals from the age of 18 as per this Law. Competent
individuals must promptly terminate or change preventive measures when the grounds for
temporary detainment or detention evanesce.
2. Persons from the age of 14 to below 16 may be held in emergency custody, apprehended,
temporarily detained or held in detention for their crimes ………
Article 423. Adjudication
1. The trial panel of the first-instance court must consist of a lay assessor who has been a teacher
or Youth Union’s official or possessed experience and psychological knowledge regarding persons
less than 18 years of age.
2. If a defendant or crime victim below 18 years of age must be protected in special circumstances,
the Court can decide to hold a secret trial.
3. The representatives of defendants aged under 18, representatives of the school or organization
where such defendants pursue education and do daily activities must attend the trial against the
juveniles, unless such representatives are absent not due to force majeure or objective obstacles.
4. The session of questioning or debate in court for defendants, crime victims and witness testifiers
under 18 must correspond with their age and growth level. The courtroom must be congenial and
conformable to persons less than 18 years of age.
Article 423. Adjudication
5. If crime victims and witness testifiers are less than 18 years old, the Trial panel must limit
the interaction between such juveniles and defendants when the said adolescent give
testiomines in court. The presiding judge can request the representative, protector of legitimate
rights and benefits to question the victims and witness testifiers.
6. The trial panel, when holding the trial, shall have defendants to undergo educational
remedies in a reform school if considering penalties not necessary.
7. The president of the Supreme People’s Court shall elaborate the juvenile and family Court's
adjudication of cases involved in persons under 18.
Final examination