Today, criminal cases are increasing with complex details and developments. So a lot of people want to learn about this case file. So about the matter “The right to copy criminal cases in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Criminal Procedure Code 2015
The right to copy criminal cases in Vietnam
According to Article 73 of the Criminal Procedure Code 2015, the rights and obligations of defense counsels are as follows:
The defense counsel has the right to:
• Meeting and questioning the accused;
• To be present when taking statements from arrested or detained persons, when interrogating the accused, and if competent persons conducting testimonies or interrogation agree, they may question the arrested, detained or detained persons. can. After each time of taking testimonies or interrogation of competent persons, the defense counsel may question the arrested person, the person held in custody or the accused;
• To be present in confrontation, identification, voice recognition and other investigative activities as prescribed by this Code;
• To be notified in advance by the competent procedure-conducting agency of the time and place for taking testimonies and interrogation and the time and place for conducting other investigative activities according to the provisions of this Code;
• View minutes of legal proceedings with their participation, procedural decisions related to the person they are defending;
• Proposing to change the person competent to conduct the proceedings, the expert, the property appraiser, the interpreter, the translator; propose change or cancellation of preventive and coercive measures;
• Proposing to conduct legal proceedings in accordance with the provisions of this Code; request to summon witnesses, other procedure participants and competent procedure-conducting persons;
• Collect and present evidences, documents, objects, requests;
• Examine, evaluate and present opinions on relevant evidences, documents and objects and request competent persons to conduct legal proceedings to examine and evaluate;
• To request competent authorities to conduct legal proceedings to collect evidences, conduct additional expertise, re-examine and re-valuate assets;
• Read, take notes and make copies of documents in the case file related to the defense since the end of the investigation;
• Participating in questioning and arguing at court sessions;
• Complaints about procedural decisions and acts of agencies or persons competent to conduct procedures;
• To appeal against the Court’s judgment or decision if the defendant is a person under 18 years of age, a person with mental or physical defects as prescribed by this Code.
The defense counsel is obliged to:
• Use all measures prescribed by law to clarify circumstances that determine the innocence of the accused, circumstances that mitigate the criminal liability of the accused or defendants;
• Help the accused legally to protect their legitimate rights and interests;
• Not to refuse to defend the accused for whom he has assumed defense if not for force majeure or not due to objective obstacles;
• Respect the truth; must not bribe, force or induce others to make false statements or provide untruthful documents;
• To be present at the Court’s summons; in case a defense counsel is appointed as prescribed in Clause 1, Article 76 of this Code, he/she must be present at the request of the investigating agency or the procuracies;
• Not to disclose investigative secrets that they know when making a defense; not use documents recorded or copied in the case file for the purpose of infringing upon the interests of the State, public interests, and lawful rights and interests of agencies, organizations and individuals;
• Not to disclose information about the case or accused person that they know when defending, unless this person agrees in writing and must not use that information for the purpose of infringing on the interests of the State. country, public interests, lawful rights and interests of agencies, organizations and individuals.
– If defense counsels violate the law, depending on the nature and seriousness of their violations, their defense registration will be canceled, they will be disciplined, administratively sanctioned or examined for penal liability; If causing damage, compensation must be made according to the provisions of law.
Thus, the defense has the right to make copies of documents in the criminal case file at the end of the investigation.
How to read, take notes, copy documents in the case file?
– After finishing the investigation, if there is a request to read, take notes or copy documents in the case file related to the defense, the agency competent to conduct procedures shall arrange the time, a place for defense counsels to read, take notes and copy documents in the case file.
– After reading, taking notes and copying documents, the defense counsel must hand over the case file in its original state to the agency that provided the file. If they lose, misplace or damage documents and case files, depending on the nature and seriousness of their violations, they will be handled in accordance with law.
What rights does the person defending the legitimate rights and interests of the victim have?
– Present evidences, documents, objects and requests;
– Examine, evaluate and present opinions on relevant evidences, documents and objects, and request competent persons to conduct legal proceedings to examine and evaluate;
– Request for assessment and valuation of assets;
– To be present when competent authorities conduct legal proceedings to take testimonies, confront, identify and recognize the voice of the person they are protecting; read, take notes and copy documents in case files related to the protection of interests of victims and litigants after the investigation ends;
– Participating in questioning and arguing at court sessions; see the minutes of the trial;
– Complaints about procedural decisions and acts of procedure-conducting agencies or persons;
– Request for replacement of competent procedure-conducting persons, experts, property appraisers, interpreters, translators;
– To appeal against the court’s judgment or decision related to the rights and obligations of the person he or she is protecting who is under 18 years old or has mental or physical weaknesses.
Thus, the defender of the legitimate rights and interests of the victim and the involved party also has the right to order documents in the case file after the investigation is completed.
On what grounds are criminal charges filed?
In Article 143 of the 2015 Criminal Procedure Code, the grounds for prosecuting criminal cases are as follows:
The case can only be prosecuted when there are signs of crime. The determination of criminal signs is based on the following grounds:
Denunciation of individuals;
Newspapers of agencies, organizations and individuals;
Newspapers on mass media;
Proposals for prosecution of state agencies;
Agencies competent to conduct proceedings directly detect signs of crime;
The offender confesses.
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Frequently asked questions
After the investigation is finished, if there is a request to read, take notes or copy documents in the case file related to the defense, the agency competent to conduct procedures shall arrange the time and place. Points for defense counsels to read, take notes and copy documents in the case file.
Pursuant to the provisions of Point l, Clause 1, Article 73 of the 2015 Criminal Procedure Code, which stipulates: The defense counsels have the right to read, take notes and copy documents in the case file related to the defense from the time the defense is filed. investigation ends.
After reading, taking notes and copying documents, the defense must hand over the case file in its original state to the agency that provided the file. If they lose, misplace or damage documents and case files, depending on the nature and seriousness of their violations, they will be handled in accordance with law.
Conclusion: So the above is The right to copy criminal cases in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
