Who are crime victims in Vietnam? What are entitlements and duties of crime victims in Vietnam?

Who are crime victims in Vietnam?

As prescribed in the Criminal Procedure Code in 2015, crime victims are physical persons suffering from direct damage to physical body, mentality and property, or organizations whose property and reputation are impaired or threatened.

Entitlements of crime victims in Vietnam

Crime victims or their legal representatives are entitled to:

- Be informed and explained about their rights and duties as per this Article;

- Present evidences, documents, items and requests;

- Confer on relevant evidences, documents and items and request authorized procedural persons to inspect and evaluate such;

- Requisition expert examinations and valuation as per the laws;

- Be informed of results of investigations and lawsuits;

- Request the change of authorized procedural persons, expert witnesses, valuators, interpreters and translators;

- Recommend punitive measures, compensation level and guarantees of compensation;

- Attend the trial; provide opinions, request Court president to question defendants and attendees in court; engage in oral arguments in court to defend their legitimate rights and benefits; read the Court’s reports;

- Defend or have their legitimate rights and benefits defended;

- Engage in other activities of legal procedure as per this Law;

- Request competent procedural authorities to protect their life, health, honor, dignity, property, legitimate rights and benefits, kindred against menaces;

- Appeal against the Court’s judgments and rulings;

- Complain about competent procedural authorities and persons’ decisions and legal proceedings;

- Other rights as per the laws.

Duties of crime victims in Vietnam

Crime victims bear these duties:

- Be present as per authorized procedural persons’ subpoena. If they are absent due to any but not force majeure or objective obstacles, they may be escorted by force;

- Abide by competent procedural authorities and persons' decisions and request.

Notice:

If an entity is murdered, missing, bereaved of legal capacity, its representative shall execute its rights and duties as per this Law.

Organizations as crime victims, if divided, separated, consolidated or merged, shall have their rights and duties as per this Article possessed by their legal representatives or entities inheriting such duties and rights.

If a lawsuit is brought at the requests for crime victims, they or their legal representatives shall state accusations in court.

Legal basis: Article 62 the Criminal Procedure Code in 2015

Best regards!