RIGHTS OF THE ACCUSED PERSON IN THE INVESTIGATION OF CRIMINAL CASES

ABSTRACT

A defendant is a person or legal entity who has been criminally prosecuted. Determining when a person has defendant status is very important because determining when a person has defendant status also gives rise to that person's status to participate in the proceedings. This is the basis for their rights and obligations, which is the basis for the agency conducting the proceedings to apply procedural measures according to the provisions of the Criminal Procedure Code and take measures to protect the rights of the accused. In the article, the author analyzed the rights of the accused and the issues that need to be improved to improve the effectiveness of exercising the rights of the accused in criminal proceedings.

АННОТАЦИЯ

Подсудимым является физическое или юридическое лицо, привлеченное к уголовной ответственности. Определение того, имеет ли лицо статус ответчика, очень важно, поскольку определение того, имеет ли лицо статус ответчика, также приводит к возникновению у этого лица статуса участия в судебном разбирательстве. Это является основанием их прав и обязанностей, что является основанием для применения органом, ведущим процесс, процессуальных мер в соответствии с положениями Уголовно-процессуального кодекса Вьетнама и принятия мер по защите прав обвиняемого. В статье авторы проанализировали права обвиняемого и вопросы, которые необходимо решить для повышения эффективности реализации прав обвиняемого в уголовном судопроизводстве.

Keywords: Vietnam, Criminal Procedure Code, accused, right, investigation.

Ключевые слова: Вьетнам, Уголовно-процессуальный кодекс, обвиняемый, право, расследование.

According to the current criminal procedure law, the defendant is the person who has been criminally prosecuted and has participated in the proceedings since the decision to prosecute the defendant was made. The defendant will participate in the investigation, prosecution and part of the first instance trial phase. The defendant's legal status will end when the Investigation Agency stops the investigation, the Procuracy stops the case, the Court stops the case during the trial preparation stage for the defendant, or the court issues a decision intend to bring the case to trial. When a person is criminally prosecuted, they become the accused in the case, which does not mean they are determined to be guilty.

The concept of the accused is stipulated in Article 60 of the Criminal Procedure Code 2015: “The accused is a person or legal entity who has been criminally prosecuted”. Determining when a person has defendant status is very important because determining that a person has defendant status also gives rise to that person's status to participate in the proceedings. At the same time, it serves as a basis for the rights and obligations of the accused, and is a basis for the agency conducting the proceedings to apply legal proceedings that are allowed to be carried out against the accused according to the provisions of the Criminal Procedure Code.

First, the right to know what crime you are being prosecuted for. According to the provisions of the Criminal Procedure Code 2015: “The accused person has the right to know what crime he or she is being prosecuted for”. The accused has the right to know what crime he or she is being prosecuted for without relying too much on the agencies conducting the proceedings. Implementing and ensuring this right of the accused well will create conditions for the prosecuting agency and the person conducting the proceedings to quickly and promptly investigate and verify the truth of the case, contributing to reducing injustices in the case accepting and resolving criminal cases.

In fact, ensuring the defendant's right to know what crime he or she is being prosecuted for has not really been guaranteed. There may be many reasons leading to the above situation, but the main reason is still that the person conducting the proceedings has not specifically explained to the defendant his or her rights and obligations. That causes the defendant to often receive a decision to prosecute the defendant but still not really understand what crime he or she is being prosecuted for. This greatly affects the defendant's preparation of documents and evidence as well as his own defense, making it more difficult for the investigation and determination of the truth of the case.

Second, the right to be informed and explained about rights and obligations. To ensure that the defendant knows what rights and obligations he has, the 2015 Criminal Procedure Code specifically stipulates that the defendant has the right to have his rights and obligations explained. Ensuring this right of the accused is of great significance in ensuring the human rights of the accused as well as contributing to quickly and promptly resolving the case and verifying the truth of the case. However, in reality, the defendant's right to an explanation of his rights and obligations is not always guaranteed. To properly exercise this right of the defendant, the agency conducting the proceedings and the person conducting the proceedings must both fulfill their obligations and clearly explain to the defendant what rights and obligations he or she has.

Third, the right to present testimony and express opinions, without being forced to give testimony against oneself or forced to admit guilt. The accused has the right to present testimony on relevant issues in the case for which they are prosecuted. This is a right, not an obligation, of the accused. Many times, the accused has used this right to declare details favorable to him in order to prove that he is innocent or guilty of a lesser crime than the one for which he has been prosecuted, or to present mitigating circumstances. There are also cases where the suspect refuses to report his actions. However, in cases where they refuse to declare or declare falsely, they are not criminally responsible for that act. On the contrary, if the defendant has a sincere confession, that is considered a circumstance that mitigates criminal liability. In any case, the investigation agency must respect the defendant's right to present testimony.

Fourth, the right to present evidence, documents, objects, and requests. When the suspect provides the investigating agency with documents and objects, not all of those documents and objects are evidence in the case judgment. When the investigation agency receives those documents and objects, they must conduct an objective examination and assessment to determine whether those documents and objects are evidence of the case or not. Only after reviewing the documents and objects to meet the requirements prescribed by law will they become evidence in the case. Currently, this right of the accused is not really guaranteed. The reason comes from the people conducting the proceedings themselves when they do not fully see the importance of ensuring the good implementation of this right. Therefore, in many cases, the person conducting the proceedings committed a violation by not objectively considering the evidence or claims made by the defendant but hastily rejected them when they found them to be unreasonableappropriate to the direction of your investigation.

Fifth, the right to request changes in proceedings, experts, and interpreters. The person conducting the proceedings, the expert, and the interpreter are subjects that play a very important role in determining the true duties. The facts are determined accurately if the above-mentioned owners can perform their conversant roles well in each stage of criminal proceedings. Therefore, changing the person conducting the proceedings, the expert, and the interpreter to ensure that the service is investigated and adjudicated openly and transparently, and that the truth of the task is determined objectively and fairly degree is very necessary. The accused has the right to request to change the person conducting the proceedings, the expert, or the interpreter if there is a solid basis to believe that they cannot be impartial while performing their duties and conducting the proceedings or participating in the proceedings. Litigation may work toward a settlement that has no possible benefits. When the litigation-conducting agencies receive a request to change the defendant's prosecutor, expert, or interpreter, they must consider and resolve the request if they find that the request is based on regulations criminal fetish laws.

Sixth, the right to defend oneself or ask someone else to defend. This is an important right of the accused in criminal proceedings. The accused has the right to defend himself. Accordingly, the defendant has the right to use arguments and evidence to exculpate the crime and to protect his or her legitimate rights and interests during the proceedings. The right to self-defense is not an independent right, separate from other rights of the accused, but the right to defense is a combination of the rights of the accused in criminal proceedings to protect the legitimate rights and interests of the defendant me. In addition to the right to defend themselves, the accused also has the right to ask others to defend him or her. According to the provisions of Clause 1, Article 305 of the Criminal Procedure Code, in cases where the defendant is a minor or has physical or mental weaknesses, the defendant's legal representative can choose a defense attorney or himself defend the defendant. Clause 2, Article 305 of the Criminal Procedure Code stipulates that in cases where the defendant is a minor or his/her legal representative does not choose a defense attorney, the Investigation Agency,  Procuracy,  and Court must request the Bar Association to resolve the matter. The lawyer's office appointed someone to defend them. The accused and their representatives have the right to request a change or refuse the defense counsel appointed by the bar association to defend the accused.

Seventh, the right to receive decisions, procedural documents and read and record copies of documents related to the defense since the end of the investigation upon request. According to the provisions of Article 60 of the Criminal Procedure Code 2015, when participating in Participating in the proceedings, the accused has the right to receive decisions and procedural documents. Decisions and procedural documents such as: decisions to prosecute the accused, decisions to apply, change or cancel preventive measures, investigation conclusions; decision to suspend, temporarily suspend the investigation, decide to suspend, temporarily suspend the case; indictments, prosecution decisions and other procedural decisions according to the provisions of the criminal procedure code. The above decisions and procedural documents are directly related to the rights and obligations of the defendant. The law stipulates that the accused has the right to receive decisions and procedural documents to ensure that the accused can well exercise his right to defense and other procedural rights.

Eighth, the right to complain about decisions and procedural acts of the agency conducting the proceedings and the person competent to conduct the proceedings. Not in all cases all decisions and acts of the agency conducting the proceedings. , the person conducting the proceedings is in accordance with the provisions of law. Therefore, to ensure good implementation of the provisions of law as well as to ensure the legitimate rights and interests of the accused, the law allows the accused to have the right to complain about the decisions and procedural acts of the Agency the authority conducting the proceedings, the person conducting the proceedings. The defendant only has the right to complain within 15 days from the date of receiving or learning of a decision or proceeding that the defendant believes violates the law. However, in cases where due to illness, natural disasters, epidemics, business trips, studies in distant places or other objective obstacles, the defendant cannot exercise the right to complain according to the statute of limitations, the time limit will be limited. If there is such an obstacle, it is not counted at the time of the complaint. Complaints about decisions and procedural actions of investigators and deputy heads of investigation agencies shall be considered and resolved by the Head of the Investigation Agency within 7 days from the date of receipt of the complaint. If they do not agree with the result of resolving the complaint, the defendant has the right to complain to the Procuracy at the same level.

Within 7 days from the date of receipt of the complaint, the Procuracy at the same level must consider and resolve it. The Procuracy at the same level has final jurisdiction. Complaints about decisions and procedural acts of the Head of the Investigation Agency and decisions of the Investigation Agency approved by the Procuracy shall be resolved by the Procuracy at the same level within 7 days from the date of receipt complain. If they do not agree with the settlement results, the defendant has the right to complain to the immediate superior prosecutor's office. Within 15 days from the date of receipt of the complaint, the superior Procuracy must consider and resolve it. The superior procuracy has final jurisdiction. Complaints about decisions and procedural actions of the Deputy Director of the Procuracy and Procurator shall be resolved by the Director of the Procuracy within 7 days from the date of receipt of the complaint. If they do not agree with the settlement results, the defendant has the right to complain to the immediate superior Procuracy. Within 15 days from the date of receipt of the complaint, the immediate superior Procuracy must consider and resolve it. The immediate superior procuracy has final settlement authority.

References:

1. Constitution of the Socialist Republic of Vietnam 2013// URL: https://worldconstitutions.ru/?p=26  (date of application 23.04.2024)
2. Criminal Code of the Socialist Republic of Vietnam 2015// URL: https://www.policinglaw.info/assets/downloads/2015_Criminal_Code_of_Vietnam_  (date of application 23.04.2024)
3. Criminal Code of the Socialist Republic of Vietnam 2015, amendments and additions in 2017 // URL:  https://www.policinglaw.info/assets/downloads/2015_Criminal_Code_of_Vietnam_(English_translation).pdf       (date of application 23.04.2024)
4. Criminal Procedure Code of the Socialist Republic of Vietnam 2015 г. // URL: https://www.wipo.int/wipolex/ru/legislation/details/21477  (date of application 23.04.2024)