Viet Nam

Criminal Procedure Code

Part One
GENERAL PROVISIONS

Chapter II
FUNDAMENTAL PRINCIPLES

Article 9. No person shall be considered guilty until a court judgment on his/her criminality takes legal effect
No person shall be considered guilty and be punished until a court judgment on his/her criminality takes legal effect.

Article 10. Determination of facts of criminal cases
Investigating bodies, procuracies and courts must apply every lawful measure to determine the facts of criminal cases in an objective, versatile and full manner, to make clear evidences of crime and evidences of innocence, circumstances aggravating and extenuating the criminal liabilities of the accused or defendants.
The responsibility to prove offenses shall rest with the procedure-conducting bodies. The accused or defendants shall have the right but not be bound to prove their innocence.

Article 11. Guarantee of the right to defense of detainees, accused and defendants
The detainees, accused and defendants shall have the right to defend by themselves or ask other persons to defend them.
Investigating bodies, procuracies and courts shall have the duty to ensure that the detainees, accused and defendants exercise their right to defense under the provisions of this Code.

Keywords

Fair trial standards



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