In accordance with the Criminal Procedure Code of Vietnam, who are experts? What are rights and duties of experts in Vietnam?

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Question date: 26/09/2022

In accordance with the Criminal Procedure Code of Vietnam, who are experts? What are rights and duties of experts in Vietnam? Thank you!

    • Who are experts?

      Pursuant to Clause 1, Article 68 of the Criminal Code in 2015 stipulating experts as follows:

      Experts are persons possessing necessary knowledge about the domains to be expertised, who are invited by the procedure-conducting bodies according to law provisions.

      What are rights and obligations of experts in Vietnam?

      Pursuant to Clause 2 and 3, Article 68 of the Criminal Code in 2015 stipulating rights and obligations of experts in Vietnam as follows:

      Experts shall have the following rights:

      - Read case files in connection with the subjects of expert examination;

      - Request authorities requisitioning expert examinations or participants in legal proceedings, who petition for expert examinations, to provide documents necessary for reaching conclusions;

      - Participate in sessions of interrogation, extraction of statements and inquiry of matters related to the subjects of expert examination;

      - Refuse to conduct expert examinations without adequate time for relevant tasks, sufficient documents or substantial grounds to reach a conclusion or decline to expert examinations surpassing the extent of their professional knowledge;

      - Put their own opinions in the joint final report if they do not agree to the joint findings from a team of expert witnesses;

      Experts shall have the following obligations:

      - Be present as per competent procedural authorities’ subpoena;

      - Maintain confidentiality of investigation findings grasped during expert examinations;

      - Other duties as per the Law on judicial expert examination.

      Moreover, the law also promulgates these following regulations:

      - If expert witnesses fabricate findings or object to conclude examinations for any reasons but neither force majeure nor objective obstacles, they shall face criminal liabilities as per the Criminal Code.

      - Expert witnesses must decline to engage in legal proceedings or submit to replacement in the following events:

      + They are concurrently crime victims, litigants, or representatives or kindred of crime victims, litigants, suspects or defendants;

      + Having performed the role of defense counsels, witness testifiers, interpreters, translators or valuators in the lawsuit;

      + Having engaged in legal proceedings of the lawsuit.

      - The entities consulting experts shall decide to replace expert witnesses.

      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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