Questions when taking testimonies according to the provisions of Vietnamese law
Taking testimonies is the most commonly used method of evidence collection by the Court in the process of settling the case, helping the Court to grasp the contents of the case as quickly as possible. Therefore, testimony is considered extremely important and necessary. At the same time, it is also necessary to apply the right professional skills to achieve the highest efficiency. So how are the questions when taking the testimonies specified? Today, LSX Lawfirm will give you an article about “Questions when taking testimonies according to the provisions of Vietnamese law”, as follows:
Legal grounds
Criminal Procedure Code 2015
Questions when taking statements
The order and procedures for taking witness statements are as follows:
Summoning of witnesses
The summons to take testimonies of witnesses to comply with the provisions of Article 185 of the Criminal Procedure Code 2015. Accordingly: When summoning witnesses to take testimonies, the controller must send them appointments. The content of the summons must clearly state the full name and place of residence; or the witness’s workplace or study place; hour, day, month, year and place of presence; purpose and content of work, working time; whom to meet and responsibility for not being absent due to force majeure; or not due to objective obstacles.
Taking testimonies
The procurator may conduct testimonies of witnesses at his or her place of residence, work, or study place. If the case has many witnesses, they must take separate testimonies and do not allow them to contact and exchange with each other during the time of taking testimonies.
Making minutes of taking testimonies
According to the provisions of Articles 187, 178, 133 of the Criminal Procedure Code 2015, when taking testimonies from witnesses, the inspectors must make a record according to a uniform form.
Frequently asked questions when taking statements
Taking testimonies from witnesses in the 2015 Criminal Procedure Code is specifically prescribed with the following principles:
- A case can have more than one person witnessing the incident. Not all eyewitnesses need to summoned to testify.
- Summon witnesses based on the circumstances of the case and investigation activities of the investigator. In case there are many witnesses, they must take their own testimonies and not allow them to contact; exchange with each other during the testimony. Because the witnesses may influenced by the opinions and testimonies of other witnesses.
- Before taking statements, investigators and investigating officers must explain to witnesses their rights and obligations as prescribed. This must recorded in the minutes
- In many cases, the witness may know the victim or the accused. Therefore, the law stipulates. Before asking about the contents of the case, the investigator must ask about the relationship between the witness and the accused and victim and other details about the witness’s identity.
- These factors will influence the witness’s motivation to testify. When taking statements, investigators must pay attention to the restraining objective and subjective factors; or promote witnesses to report such as the witness’s health condition when witnessing the crime; the witness’s cognitive ability and level of knowledge about the subject. Is the witness afraid of reprisals…
- When taking testimonies, investigators ask witnesses to present; or write honestly and voluntarily what they know about the case. Then ask questions.
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Related questions
In fact, many witnesses always have a fear of retaliation; Their safety and that of their loved ones are at stake. Forms of coercion of witnesses; cause witnesses to give false statements; do not dare to declare… Therefore, the law stipulates that when witnesses are threatened, they have the right to request the summoning agency to protect them. Such provisions of the law not only ensure the accuracy and accuracy of testimonies but also ensure the fairness, justice, and safety of witnesses before the Court.
The witnesses to the interrogation of the illiterate defendant shall confirm the contents; results of the work that the person competent to conduct the proceedings has conducted while he or she is present and can give personal opinions. This opinion will be recorded in the minutes. Having witnesses will witness the interrogation process with the illiterate defendant and can witness the interrogation process as well as the defendant’s testimony.
Interrogation preparation is the stage in which the investigator prepares the necessary tactical and technical conditions for the smooth conduct of the interrogation. Interrogation of the accused is a complex investigative measure, its effectiveness highly dependent on the preparation of the investigator. The careful and scientific preparation will create conditions for the investigator to be proactive, flexible, and creative in choosing and applying appropriate interrogation techniques in each specific situation to collect answers. The defendant’s statements were fully, accurately, and conveniently, without falling into a passive and awkward position before the complicated developments of the interrogation. Especially, in complicated cases where many defendants or defendants have a docile attitude, refuse to declare or make false statements, careful preparation for each interrogation is an indispensable requirement.
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