'Rights during investigation - arbitrary arrest or detention and deprivation of liberty' in document 'Vietnam - Criminal Procedure Code'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part One
GENERAL PROVISIONS

Chapter IV
PARTICIPANTS IN THE PROCEDURE

Article 48. Persons held in custody

1. Persons held in custody are persons arrested in urgent cases, offenders caught red-handed, persons arrested under pursuit decisions, or confessing or self-surrendering offenders against whom custody decisions have been issued.

2. Persons held in custody shall have the following rights: a/ To be informed of the reasons for their custody;
b/ To be explained on their rights and obligations;
c/ To present their statements;
d/ To defend by themselves or ask other persons to defend them; e/ To present documents, objects as well as claims;
f/ To complain about their custody, procedural decisions or acts of the bodies and/or persons with procedure-conducting competence.

3. Persons held in custody shall have the obligation to observe the law provisions on custody.

RELEVANT ROME STATUTE PROVISIONS

Article 55
Rights of persons during an investigation
1. In respect of an investigation under this Statute, a person:
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute