VIETNAMESE CRIMINAL PROCEDURE CODE - Part One GENERAL PROVISIONS - CHAPTER V EVIDENCES








	
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PART ONE GENERAL PROVISIONS
CHAPTER I TASKS AND EFFECT OF THE CRIMINAL PROCEDURE CODE
Article 1.- Tasks of the Criminal Procedure Code
Article 2.- Effect of the Criminal Procedure Code
CHAPTER II FUNDAMENTAL PRINCIPLES
Article 3.- Guarantee of the socialist legislation in the criminal procedure
Article 4.- Respect for, and defense of, fundamental rights of citizens
Article 5.- Guarantee of all citizens right to equality before law
Article 6.- Guarantee of citizens right to body inviolability
Article 7.- Protection of life, health, honor, dignity and property of citizens
Article 8.- Guarantee of the citizens right to residence inviolability, safety and confidentiality of correspondence, telephone conversations and telegraphs
Article 9.- No person shall be considered guilty until a court judgment on his/her criminality takes legal effect
Article 10.- Determination of facts of criminal cases
Article 11.- Guarantee of the right to defense of detainees, accused and defendants
Article 12.- Responsibilities of procedure-conducting bodies and persons
Article 13.- Responsibility to institute and handle criminal cases
Article 14.- Guarantee of the impartiality of persons conducting or participating in the procedure
Article 15.- Implementation of the regime of trial with the participation of jurors
Article 16.- Judges and jurors conduct trial independently and abide by law only
Article 17.- Courts conduct trial collectively
Article 18.- Public trial
Article 19.- Guarantee of equal right before court
Article 20.- To implement the two-level trial regime
Article 21.- Trial supervision
Article 22.- Guarantee of the validity of court judgments and decisions
Article 23.- Exercise of the right to prosecute and supervise law observance in the criminal procedure
Article 24.- Spoken and written language used in the criminal procedure
Article 25.- Responsibilities of organizations and citizens in the struggle to prevent and fight crimes
Article 26.- Coordination between State agencies and procedure-conducting bodies
Article 27.- Detection and remedy of causes and conditions for crime commission
Article 28.- Settlement of civil matters in criminal cases
Article 29.- Guarantee of the right to damage compensation and restoration of honor and interests of unjustly handled persons
Article 30.- Guarantee of the right to damage compensation of persons suffering from damage caused by the criminal procedure-conducting bodies or persons
Article 31.- Guarantee of the right to complain and denounce in the criminal procedure
Article 32.- Supervision by agencies, organizations and people-elected deputies of activities of the procedure-conducting bodies and persons
CHAPTER III PROCEDURE-CONDUCTING BODIES, PROCEDURE-CONDUCTING PERSONS AND THE CHANGE OF PROCEDURE-CONDUCTING PERSONS
Article 33.- Procedure-conducting bodies and procedure-conducting persons
Article 34.- Tasks, powers and responsibilities of heads and deputy heads of investigating bodies
Article 35.- Tasks, powers and responsibilities of investigators
Article 36.- Tasks, powers and responsibilities of chairmen, vice-chairmen of procuracies
Article 37.- Tasks, powers and responsibilities of procurators
Article 38.- Tasks, powers and responsibilities of presidents, vice-presidents of courts
Article 39.- Tasks, powers and responsibilities of judges
Article 40.- Tasks, powers and responsibilities of jurors
Article 41.- Tasks, powers and responsibilities of court clerks
Article 42.- Cases of refusal or change of procedure-conducting persons
Article 43.- Right to request to change procedure-conducting persons
Article 44.- Change of investigators
Article 45.- Change of procurators
Article 46.- Change of judges, jurors
Article 47.- Change of court clerks
CHAPTER IV
PARTICIPANTS IN THE PROCEDURE
Article 48.- Persons held in custody
Article 49.- The accused
Article 50.- Defendants
Article 51.- Victims
Article 52.- Civil plaintiffs
Article 53.- Civil defendants
Article 54.- Persons with interests and obligations related to criminal cases
Article 55.- Witnesses
Article 56.- Defense counsels
Article 57.- Selection and change of defense counsels
Article 58.- Rights and obligations of defense counsels
Article 59.- Defense counsels of interests of involved parties
Article 60.- Experts
Article 61.- Interpreters
Article 62.- Responsibility to explain and guarantee the exercise of the rights and the performance of obligations of participants in the procedure
CHAPTER V EVIDENCES
Article 63.- Matters to be proved in criminal cases
Article 64.- Evidences
Article 65.- Collection of evidences
Article 66.- Evaluation of evidences
Article 67.- Statements of witnesses
Article 68.- Statements of victims
Article 69.- Statements of civil plaintiffs, civil defendants
Article 70.- Statements of persons with interests and obligations related to criminal cases
Article 71.- Statements of arrestees, persons in custody
Article 72.- Statements of the accused or defendants
Article 73.- Expertise conclusions
Article 74.- Exhibits
Article 75.- Collection and preservation of exhibits
Article 76.- Handling of exhibits
Article 77.- Minutes of investigating and adjudicating activities
Article 78.- Other documents and objects in criminal cases
CHAPTER VI DETERRENT MEASURES
Article 79.- Grounds for application of deterrent measures
Article 80.- Arresting the accused or defendants for temporary detention
Article 81.- Arresting persons in urgent cases
Article 82.- Arresting offenders red-handed or wanted offenders
Article 83.- Actions to be taken promptly after arresting persons or receiving arrestees
Article 84.- Arrest minutes
Article 85.- Notices on arrests
Article 86.- Custody
Article 87.- Custody time limits
Article 88.- Temporary detention
Article 89.- Regime of custody and temporary detention
Article 90.- Care of relatives and preservation of properties of persons in custody or temporary detention
Article 91.- Ban from travel outside one’s residence place
Article 92.- Guarantee
Article 93.- Depositing money or valuable property as bail
Article 94.- Cancellation or replacement of deterrent measures
CHAPTER VII MINUTES, TIME LIMITS, LEGAL COSTS
Article 95.- Minutes
Article 96.- Calculation of time limits
Article 97.- Restoration of time limits
Article 98.- Legal costs
Article 99.- Responsibility to incur legal costs

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CHAPTER V EVIDENCES


Article 63.- Matters to be proved in criminal cases

When investigating, prosecuting and adjudicating criminal cases, the investigating bodies, procuracies and courts must prove:

1. Whether or not criminal acts have occurred, time, places and other circumstances of the criminal acts;

2. Who have committed the criminal acts; being at fault or not, intentionally or unintentionally, whether or not they have the penal liability capacity; purposes and motives of the commission of such crimes;

3. Circumstances aggravating and circumstances extenuating the penal liability of the accused or defendants, and personal details of the accused or defendants;

4. The nature and extent of damage caused by the criminal acts.


Article 64.- Evidences

1. Evidences are facts which are collected in the order and procedure prescribed by this Code, which are used by the investigating bodies, procuracies and courts as grounds to determine whether or not criminal acts have been committed, persons committing such acts as well as other circumstances necessary for the proper settlement of the cases.

2. Evidences are determined by:

a/ Exhibits;

b/ Testimonies of witnesses, victims, civil plaintiffs, civil defendants, persons with interests and obligations related to the cases, the arrestees, persons kept in custody, the accused or defendants;

c/ Expertise conclusions;

d/ Minutes of investigating and adjudicating activities, and other documents and things.


Article 65.- Collection of evidences

1. In order to collect evidences, the investigating bodies, procuracies and courts may summon persons who know about the cases to ask and listen to their statements on the matters pertaining to the cases, solicit expertise, conduct searches, examinations and other investigating activities according to the provisions of this Code; request agencies, organizations and individuals to supply documents, objects and relate circumstances to clarify the cases.

2. Participants in the procedure, agencies, organizations or any individuals may all present documents, as well as matters related to the cases.


Article 66.- Evaluation of evidences

1. Each evidence must be evaluated in order to determine its legality, authenticity and relevance to the cases. The collected evidences must be sufficient for the successful settlement of criminal cases.

2. Investigators, procurators, judges and jurors shall identify and evaluate all evidences with a full sense of responsibility after studying generally, objectively, comprehensively and fully all circumstances of the cases.


Article 67.- Statements of witnesses

1. Witnesses shall present what they know about the cases, personal details of the arrestees, persons in custody, the accused or defendants, victims, their relationships with the arrestees, persons in custody, the accused or defendants, and/or victims, with other witnesses, and answer questions put to them.

2. Circumstances presented by witnesses must not be used as evidences if the witnesses cannot say clearly why they have known such circumstances.


Article 68.- Statements of victims

1. Victims shall present circumstances of the cases, their relationships with the arrestees, persons in custody, the accused or defendants, and answer questions that are raised.

2. Circumstances presented by victims must not be used as evidences if they cannot say clearly why they have known such circumstances.


Article 69.- Statements of civil plaintiffs, civil defendants

1. Civil plaintiffs, civil defendants shall present circumstances related to the compensation of damage caused by criminal acts.

2. Circumstances presented by civil plaintiffs or civil defendants must not be used as evidences if they cannot say clearly why they have known such circumstances.


Article 70.- Statements of persons with interests and obligations related to criminal cases

1. Persons with interests and obligations related to criminal cases shall present circumstances directly related to their interests and obligations.

2. Circumstances presented by persons with interests and obligations related to criminal cases must not be used as evidences if they cannot say clearly why they have known such circumstances.


Article 71.- Statements of arrestees, persons in custody

Arrestees, persons in custody shall present circumstances related to their being suspected of having committed criminal acts.


Article 72.- Statements of the accused or defendants

1. The accused or defendants shall present circumstances of the cases.

2. Confessions of the accused or defendants shall only be regarded as evidences if they are consistent with other evidences of the cases.

Confessions of the accused or defendants must not be used as sole evidences for conviction.


Article 73.- Expertise conclusions

1. Experts shall conclude on the matters required to be expertised and bear personal responsibility for their conclusions.

Expertise conclusions must be expressed in writing.

If the expertise has been conducted by a group of experts, all the group members shall sign the written general conclusions. In cases where their opinions are divergent, each person shall write his/her own conclusion therein.

2. In cases where the procedure-conducting bodies disagree with the expertise conclusions, they must clearly state the reasons, if such conclusions are unclear or incomplete, the procedure-conducting bodies shall decide to solicit additional expertise or re-expertise according to general procedures.


Article 74.- Exhibits

Exhibits are articles which have been used as tools or means for the commission of crimes; items carrying traces of crimes, things being the targets of crimes, as well as money and other things which can be used to prove the crimes and criminals.


Article 75.- Collection and preservation of exhibits

1. Exhibits should be collected in time, fully and described according to their actual conditions in the minutes and inserted in the case files.

Where exhibits cannot be inserted into the case files, they must be photographed and may be video-recorded for insertion in the case files. Exhibits must be sealed up and preserved.

2. Exhibits must be preserved intact, not letting them be lost, confused or damaged. The sealing and preservation of exhibits shall be as follows:

a/ Exhibits required to be sealed up must be sealed up immediately after being collected. The sealing and unsealing must comply with law provisions and recorded in a minutes to be inserted in the case file;

b/ Exhibits being money, gold, silver, precious metals, gems, antiques, explosives, inflammables, toxins or radioactive substances must be expertized immediately after being collected and delivered to banks or other specialized agencies for preservation;

c/ Exhibits which cannot be taken to the offices of the procedure-conducting bodies for preservation shall be handed over by the procedure-conducting bodies to the owners or lawful managers of objects or properties, their relatives or local administrations, agencies or organizations where the exhibits exist for preservation.

d/ For exhibits being easy-to-deteriorate or difficult-to-preserve goods, if they do not fall into the case prescribed in Clause 3, Article 76 of this Code, competent bodies defined in Clause 1, Article 76 of this Code shall, within the scope of their powers, decide to sell them according to law and remit the proceeds therefrom into their custody accounts at State treasuries for management;

e/ For exhibits brought to the offices of the procedure-conducting bodies for preservation, the police agencies shall have to preserve them at the investigating and prosecuting stages; the judgment-executing agencies shall have to preserve them at the adjudicating and judgment-executing stages.

3. If the persons responsible for preserving exhibits of criminal cases let them lost or damaged, break the seals, consume, transfer, fraudulently swap, conceal or destroy them, they shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability according to Article 310 of the Penal Code; if they add, appropriate, modify, fraudulently swap, destroy or damage exhibits of criminal cases in order to distort the case files, they shall bear penal liability according to Article 300 of the Penal Code; if causing damage, they shall have to pay compensation therefore according to law provisions.


Article 76.- Handling of exhibits

1. The handling of exhibits shall be decided by investigating bodies if the criminal cases are ceased at the investigating stage; by the procuracies if the cases are ceased at the prosecuting stage; or by courts or trial panels at the adjudicating stage. The execution of decisions on handling exhibits must be recorded in minutes.

2. Exhibits shall be handled as follows:

a/ Exhibits being tools and means used for the commission of crimes, or articles banned from circulation shall be confiscated and forfeited into the State fund or be destroyed.

b/ Exhibits being items, money owned by the State, organizations or individuals but appropriated by offenders or used as tools and means for the commission of crimes shall be returned to their owners or lawful managers; in cases where their owners or lawful managers are unidentifiable, they shall be forfeited into the State fund;

c/ Exhibits being money or property acquired from the commission of crimes shall be confiscated and forfeited into the State fund;

d/ Exhibits being easy-to-deteriorate or difficult-to-preserve goods may be sold according to law;

e/ Exhibits of no value or no use shall be confiscated and destroyed.

3. In the course of investigation, prosecution or adjudication, competent bodies defined in Clause 1 of this Article shall have the right to decide to return the exhibits stated at Point b, Clause 2 of this Article to their owners or lawful managers if they deem that such will not affect the handling of the cases.

4. Disputes over the right to own exhibits shall be settled according to civil procedures.


Article 77.- Minutes of investigating and adjudicating activities

The circumstances recorded in the minutes of arrests, searches, scene examinations, autopsies, confrontations, identification and investigation experiments, in the minutes of court sessions and the minutes of other proceedings conducted in accordance with this Code may be regarded as evidences.


Article 78.- Other documents and objects in criminal cases

The circumstances related to criminal cases, which are recorded in documents as well as objects supplied by agencies, organizations and individuals may be regarded as evidences.

Where these documents and objects show signs specified in Article 74 of this Code, they shall be regarded as exhibits.

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