In Vietnam, in a criminal case, does the victim's family have to be present during the autopsy ?

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• In a criminal case, does the victims family have to be present during the autopsy in Vietnam?
• In a criminal case, how are exhibits handled?
• Time limit for instituting criminal cases

In a criminal case, does the victim's family have to be present during the autopsy in Vietnam?

Pursuant to Article 202 of the 2015 Criminal Procedure Code:

Article 202. Autopsy

1.Forensic post-mortem expert witnesses shall conduct an autopsy under the management of investigators. An autopsy shall require witnesses.

Investigators, before examining corpses, shall inform the equivalent Procuracy of the time and location of the autopsy to have procurators assigned to administer such examination. Procurators must be present to administer an autopsy.

2.Forensic autopsy technicians may be summoned to participate in a post-mortem examination to expose and collect traces for expert examination.

3.An autopsy requires the taking of photographs and description of traces across the body. Photographs and samples shall be taken and preserved for expert examination. Results of the post-mortem examination shall be specified in writing. The written record of autopsy is made according to Article 178 of this Law.

4.Investigation authorities, if requiring burial excavation, shall issue a decision and have the deceased person’s family members informed in advance. If family members of the deceased do not exist or are unidentified, representatives of local authorities at the commune, ward or town where the body is buried shall be informed.

According to the above regulations, the autopsy is not required to be witnessed by the victim's family. It only requires a Procurators of the equivalent Procuracy must be present to administer an autopsy.

In a criminal case, how are exhibits handled?

Pursuant to clause 02,Article 106 of the 2015 Criminal Procedure Code:

Exhibits are handled as follows:

a) Exhibits including tools or means of crime, objects prohibited from storage and trading shall be seized, confiscated into the state budget or disposed;  

b) Exhibits including money or property gained through criminal acts shall be seized and confiscated into the state budget.

c) Exhibits that are not valuable and usable shall be seized and disposed.

For a better understanding and details of this issue, you can refer to the Criminal Procedure Code 2015.

Time limit for instituting criminal cases

I was abused by my husband, which causes 36% WPI. How long does it take for a case of deliberate infliction injury to be prosecuted in court?

Pursuant to Article 143 of the 2015 Criminal Procedure Code:

A charge shall only be filed upon the ascertainment of signs of criminal activities. Signs of criminal activities are ascertained by:

1. A person’s denunciation;

....

And Pursuant to Article 144 of the 2015 Criminal Procedure Code:

Article 144. Denunciations, criminal information disclosed and requisitions for charges

1. Denunciation refers to an individual’s detection and denouncement of activities denoting crimes to competent authorities.

At the same time, in Article 155 of the Criminal Procedure Code 2015:

1. Only criminal charges against offences as defined in Section 1 of Article 134, 135, 136, 138, 139, 141, 143, 155, 156 and 226 of the Criminal Code can be pressed at the requests for the crime victim or the representative of the crime victim less than 18 years of age or having mental or physical defects or passing away.

As prescribed in Article 134 of the 2015 Criminal Code,  deliberate infliction of bodily harm upon another person is specified as follows

As a result, the fact that you accuse your husband of causing injury on purpose is the grounds for pursuing the lawsuit.

Pursuant to clause 01 and clause 02,Article 147 of the 2015 Criminal Procedure Code:

Investigation authorities and units assigned to investigate, in 20 days upon receiving denunciations, information and requisitions, shall inspect and verify such information and issue one of the following decisions:

a) Decision to press criminal charges;

a) Decision not to file criminal charges;

c) Decide to suspend the processing of denunciations, information and requisitions.

If denunciations, criminal information disclosed or requisitions for charges contain complex facts or the verification of such information must be done in several locations, the time limit for processing such information may be extended but shall not exceed 02 months. If activities of investigation and verification cannot end within the time limit as stated in this Section, the head of the equivalent Procuracy or competent Procuracy can sanction one extension of 02 months at most.

According to the above regulations, The investigation authorities has 20 days to decide whether or not to open a criminal investigation. If there are many verified details in the case, the extension can be extended for up to two months.

Best regards!