VIETNAMESE CRIMINAL PROCEDURE CODE - Part One GENERAL PROVISIONS - CHAPTER VII MINUTES, TIME LIMITS, LEGAL COSTS








	
| Login | Introduction | User's Guide |
VIETNAMESE LAWS CODIFICATION "HÌNH SỰ"      
Vietlawconsultants
           .
.           
| List of Clauses | Content | | Laws and Regulations Compilation |    

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

Search in this Law
(15, Article 15., adoption etc.)

.../

CHAPTER VII MINUTES, TIME LIMITS, LEGAL COSTS


Article 95.- Minutes

1. When carrying out proceedings, it is compulsory to make minutes thereon according to set forms.

A minutes must clearly indicate the place, date and hour when the proceeding is conducted, the starting and ending time, contents of the proceeding, the persons conducting, participating in, or related to, the proceeding, their complaints, requests or proposals.

2. Minutes of court sessions must be signed by the presiding judges and court clerks. Minutes of other proceedings must be signed by the persons prescribed by this Code for each specific case. Any corrections made in minutes must be also confirmed by the signatures of such persons.


Article 96.- Calculation of time limits

1. Time limits prescribed by this Code shall be counted in hours, days and months. Night time shall be counted from 22:00 hrs to 6:00 hrs of the following day.

When a time limit is counted in days, it shall expire at 24:00 hrs of its last day. When a time limit is counted in months, it shall expire on the same date of the subsequent month; if that month has no same date, the time limit shall expire on the last day of that month; if a time limit expires on a holiday, the first following working day shall be counted as the last day of that time limit.

When calculating a custody or temporary detention time limit, the expiry date of that time limit shall be inscribed in the order. If a time limit is counted in months, a month shall consist of thirty days.

2. Where applications or papers are sent by post, the time limit shall be counted according to the postmarks of the sending places. If applications or papers are sent through the superintendence boards of the temporary detention centers or prisons, the time limit shall be counted from the date the superintendence boards of the temporary detention centers or prisons receive such applications or papers.


Article 97.- Restoration of time limits

For expired time limits, if plausible reasons do exist, the procedure-conducting bodies must restore such time limits.


Article 98.- Legal costs

Legal costs are all expenses for conducting criminal proceedings, including remuneration for witnesses, victims, experts, interpreters or defense counsels in cases where they are appointed by the procedure-conducting bodies, and other expenses prescribed by law; civil legal costs in criminal cases.


Article 99.- Responsibility to incur legal costs

1. Legal costs shall be incurred by the convicts or by the State according to law provisions.

2. The convicts must pay legal costs under court decisions.

3. Where a case is instituted at the request of the victim, if the defendant is pronounced not guilty by the court or the case is ceased under the provisions of Clause 2, Article 105 of this Code, the victim shall have to pay legal costs.

.../



Copyright © 2007-2021 Luật sư, Tiến sĩ NGUYỄN Hải Hà
Website: www.vietlaw.biz - Email: info@vietlaw.biz
Designed and Adminstrated by Sea-lion.biz