'Rights during trial - present at trial' in document 'Vietnam - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part One
GENERAL PROVISIONS

Chapter IV
PARTICIPANTS IN THE PROCEDURE

Article 49. The accused
1. The accused are persons against whom criminal proceedings have been initiated.

2. The accused shall have the following rights:
a/ To be informed of the offenses which they have been accused of;
b/ To be explained on their rights and obligations;
c/ To present their statements;
d/ To present documents, objects as well as claims;
e/ To request the change of procedure-conducting persons, experts and/or interpreters in accordance with the provisions of this Code;
f/ To defend by themselves or ask other persons to defend them;
g/ To receive decisions to institute the criminal cases; decisions to apply, change or
cancel deterrent measures; written investigation conclusions; decisions to cease
investigation or suspend investigation; decisions to cease or suspend the criminal
cases; indictments; decisions on their prosecution; and other procedural decisions as prescribed by this Code;
h/ To complain about procedural decisions and acts of the bodies and persons with procedure-conducting competence.

3. The accused must appear in response to the summonses of investigating bodies or procuracies; in case of non-appearance without plausible reasons, they may be escorted; if they escape, they shall be pursued.

Part One
GENERAL PROVISIONS

Chapter IV
PARTICIPANTS IN THE PROCEDURE

Article 50. Defendants
1. Defendants are persons whom the courts have decided to bring for trial.

2. Defendants have the following rights:
a/ To receive decisions to bring the cases for trial; decisions to apply, change or cancel deterrent measures; decisions to cease the cases; judgments and/or decisions of the courts; and other procedural decisions as prescribed by this Code;
b/ To participate in court sessions;
c/ To be explained on their rights and obligations;
d/ To request the change of procedure-conducting persons, experts and/or interpreters in accordance with this Code;
e/ To present documents, objects as well as claims;
f/ To defend by themselves or ask other persons to defend them; g/ To present opinions, argue at court sessions;
h/ To have final words before the judgment deliberation;
i/ To appeal against judgments and decisions of the courts;
j/ To complain about procedural decisions and acts of the bodies and persons with procedure-conducting competence.

3. Defendants must appear in response to the subpoenas of the courts; in case of non-appearance without plausible reasons, they may be escorted; if they escape, they shall be pursued.

RELEVANT ROME STATUTE PROVISIONS

Article 63
Trial in the presence of the accused
2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.

Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it