Viet Nam

Criminal Procedure Code

Part One
GENERAL PROVISIONS

Chapter IV
PARTICIPANTS IN THE PROCEDURE

Article 55. Witnesses
1. Those who know details pertaining to criminal cases may all be summoned to give testimonies.

2. The following persons shall not be allowed to act as witnesses: a/ Defense counsels of the accused or defendants;
b/ Persons with physical or mental defects which render them incapable of perceiving details of the criminal cases or incapable of giving truthful statements.

3. Witnesses shall have the following rights:
a/ To ask the bodies which have summoned them to protect their life, health, honor, dignity, property and other legitimate rights and interests when participating in the procedure;
b/ To complain about procedural decisions and acts of agencies and persons with procedure-conducting competence;
c/ To be paid by the summoning agencies the travel and other expenses as prescribed by law.

4. Witnesses shall have the following obligations:
a/ To appear in response to the summonses of investigating bodies, procuracies or subpoenas of courts; in case of deliberate absence without plausible reasons and their absence causes impediments to the investigation, prosecution or trial, they may be escorted;
b/ To honestly state all details they know about the cases.
Witnesses who refuse or shirk to testify without plausible reasons shall bear penal liability according to Article 308 of the Penal Code; if giving false testimonies, they shall bear penal liabilities according to Article 307 of the Penal Code.

Keywords

Witnesses' rights - national proceedings



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