Viet Nam

Criminal Procedure Code

Part One
GENERAL PROVISIONS

Chapter IV
PARTICIPANTS IN THE PROCEDURE

Article 51. Victims
1. Victims are persons suffering from physical, spiritual and/or property damage caused by offenses.

2. Victims or their lawful representatives shall have the following rights: a/ To present documents, objects as well as claims;
b/ To be informed of the investigation results;
c/ To request the change of procedure-conducting persons, experts and/or interpreters in accordance with the provisions of this Code;
d/ To suggest the compensation levels and measures to secure such compensation;
e/ To participate in court sessions; present their opinions and arguments at court sessions in order to protect their legitimate rights and interests;
f/ To complain about procedural decisions and acts of the bodies and persons with procedure-conducting competence; to appeal against court judgments and decisions regarding the compensations to be paid by, as well as the penalties imposed on, the defendants.

3. Where the criminal cases are instituted at the requests of victims as prescribed in Article 105 of this Code, the victims or their lawful representatives shall present their accusations at court sessions.

4. Victims must appear in response to the summonses of investigating bodies, procuracies or courts; if they refuse to give testimonies without plausible reasons, they may bear penal liability according to Article 308 of the Penal Code.

5. In cases where victims are deceased, their lawful representatives shall have the rights defined in this Article.

Keywords

Victims' rights - national proceedings



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