Is perpetrator of crimes who has manifest address of residence and personal record applied summary procedures in Vietnam?

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Question date: 23/03/2023

My son is 24 years old this year, he is guilty of theft but has manifest address of residence and personal record. I don't know if the upcoming trial will follow the summary procedure in Vietnam?

    • Is perpetrator of crimes who has manifest address of residence and personal record applied summary procedures in Vietnam?

      Pursuant to Article 456 of the Criminal Procedure Code 2015 stipulates:

      1. Summary procedure shall be applied during the stage of investigation, prosecution and trail in the first instance upon the satisfaction of these requirements:

      a) The perpetrator of criminal acts confesses or is caught in the act;

      b) The crime is plain and evidences are lucid;

      c) The crimes committed are misdemeanors;

      d) The perpetrator of crimes has manifest address of residence and personal record.

      2. Summary procedure shall be applied for trial in the second instance upon the satisfaction of one of these requirements:

      a) Summary procedure was applied for the trial in the first instance. Furthermore, appeals or protests are lodged to commute or suspend sentences;

      b) Summary procedure was not applied for the trial in the first instance despite the satisfaction of all requirements in Section 1 of this Article. Moreover, appeals or protests are lodged to commute or suspend sentences.

      Thus, for perpetrators of crimes who have manifest address of residence and personal record will not necessarily be applied according to the summary procedure, but it is necessary to ensure that all other remaining conditions mentioned above can be applied according to the procedure in Vietnam.

      Best Regards!

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    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

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