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The Supreme People's Court of Vietnam: Benchbook Online

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1.3.3. Procedure for interrogation at the trial


Related legal documents
  • CrPC (From Article 206 to Article 216)

  • Main tasks and practical skills:

    • The Judge shall request the Procurator to read out the bill of indictment and address their additional opinions, if any, prior to the interrogation, as provided in Article 206 of the CrPC.
    • The Court shall conduct the interrogation
      - The interrogation should be based on the interrogation plan, and in an order as provided in Article 207 of the CrPC;
      - The Trial Panel shall examine physical evidence related to the case during the interrogation;
      - Testimonies given at the investigating body may be pronounced only under one of the circumstances as provided in Item 2 of Article 208 of the CrPC;
      - The interrogation applied to the accused, victims, civil defendants, civil plaintiffs, persons having related rights and obligations, witnesses and examiners must be conducted in accordance with Articles 209, 210, 211 and 215 of the CrPC.
    • Examination of physical evidence or on-site examination may be conducted if necessary and in accordance with Articles 212 and 213 of the CrPC.
    • Presentation and pronouncement of documents of the case, comments and reports of bodies and organizations must be conducted in accordance with Article 214 of the CrPC.
    • During the interrogation, the questions must be asked in a specific, clear, brief and easy-to-understand way. Any question priming or extorting the accused’s confession, or offending human dignity is prohibited.
    • The Judge should anticipate which circumstances will happen when questioning a particular person and apply proper measures accordingly.
    • The Judge shall conclude the interrogation, pursuant to Article 216 of the CrPC
      - The presiding Judge shall, if they consider that all facts of the case have been fully examined, ask the Procurator, the accused, defence counsel and other persons participating in the trial whether they request further interrogation or not;
      - If such request is made and it is deemed necessary, the presiding Judge shall decide whether to continue the interrogation