VIETNAMESE CRIMINAL PROCEDURE CODE - Part One GENERAL PROVISIONS - List of Clauses








	
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VIETNAMESE CRIMINAL PROCEDURE CODE
   Part One GENERAL PROVISIONS (Article 1 - Article 99)
VIETNAMESE PENAL CODE

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VIETNAMESE CRIMINAL PROCEDURE CODE
Part One GENERAL PROVISIONS

Signature (d-m-y):26-11-2003

List of Clauses

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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