PROCEDURES FOR INTERROGATION CANCER
AND ALLOWED TIME FOR ASKING
Figure 1. Thinh Tri Law - Defense lawyer services
The interrogation of the accused is an indispensable stage in the legal process for a person being criminally prosecuted (referred to as the accused), the purpose of the interrogation is to clarify the truth about the violation committed by the accused. that caused. Therefore, interrogation is very important in the investigation of the case. However, are competent authorities allowed to interrogate the accused at night? Let's find out the following article with Thinh Tri Law.
OUTLINES
1. How to understand the question of interrogation of the accused?
2. Can competent authorities interrogate the accused at night?
3. If the defendant is illiterate, how should the interrogation be conducted?
a) Witnesses must be present when interrogating the illiterate defendant.
b) Rights of witnesses.
c) Obligations of witnesses.
4. Order of interrogation of the accused.
⮚ Interrogation preparation phase.
⮚ The interrogation phase of the accused.
⮚ End of interrogation phase.
- Interrogation can be understood as a procedural activity conducted by an investigating agency, specifically, an investigator will directly interrogate when a decision has been made to prosecute the accused. This is in order to get the defendant's testimony about information related to the circumstances of this person's illegal acts. Usually, the interrogation phase of the accused is conducted at the investigating agency or detention center or at the defendant's residence.
- However, the investigating agency is not allowed to conduct interrogation of the accused at night, unless it is impossible to delay. In case of forced interrogation at night, the reason must be clearly stated in the minutes. In necessary cases, the procurator has the right to interrogate the accused in accordance with law.
- In the spirit of the 2015 Criminal Procedure Code, we can see that, in addition to strictly punishing illegal acts, acts that endanger social investigation, and protect social security, Legislators are also concerned with the legal rights of the accused. In Clause 3, Article 183 of the 2015 Criminal Procedure Code, it is not allowed to interrogate the accused at night, except in cases where it cannot be delayed but the investigating agency must clearly state the reason in the minutes.
- Therefore, investigators are not entitled to interrogate the accused at night, if there is an act of deliberately interrogating the accused at night, it is a violation of law. However, except for cases that cannot be delayed, such as: the defendant's testimony serving the request to arrest the accomplice; timely prevent criminal acts of accomplices; seizing tools and means of crime, etc.) All cases requiring interrogation at night must be clearly stated by the investigator in the minutes of interrogation of the accused.
- Night time is counted from 10 pm to 6 am the next day. That is, during this time frame, the investigation team is not allowed to interrogate the accused, unless it is impossible to delay the interrogation in this time frame.
→ More relevant: The role of lawyers in legal proceedings under the provisions of the Criminal Procedure Code 2015.
Figure 2. Thinh Tri Law - Advising on the process of carrying out legal proceedings
- The interrogation of the illiterate defendant must be witnessed by the entire interrogation process. In case of investigation of not rereading the minutes to the accused, or intentionally misreading, giving points to the accused but in fact they do not know what was recorded in the minutes, this is completely possible. happens in reality. Therefore, not arranging witnesses in this situation is mandatory.
- Witness means a person who is requested by a competent authority to conduct legal proceedings to witness during the conduct of legal proceedings in accordance with the 2015 Criminal Procedure Code.
- Persons not allowed to be witnesses:
- Người có quan hệ thân thích với người đang bị buộc tội, người có thẩm quyền tiến hành tố tụng.
- A person who has a close relationship with the person being accused, a person competent to conduct legal proceedings.
- Persons who are physically or mentally handicapped, have lost their civil act capacity, are incapable of properly perceiving the case.
- Persons under the age of 18.
- There is another reason that that person is not objective in witnessing the case.
- Witnesses have the right to receive notices from competent authorities and to have their rights and obligations explained.
- Having the right to request a person with procedural competence to conduct and strictly comply with the provisions of the law in order to protect his/her life, health, honor, dignity, rights and legitimate interests. protect the safety of their loved ones when they are threatened.
- To view the proceedings and make comments.
- To complain about the procedural acts of the competent authority.
- To be paid by the summoning agency for statutory expenses.
- To be present at the witnessing place in accordance with the notice of the competent authority.
- To witness all proceedings as required.
- To sign the minutes of interrogation of the accused that he witnessed.
- To keep confidential information about the investigation activities that he has witnessed.
- To honestly present information and circumstances that they have witnessed during the process of the agency conducting the proceedings.
⮚Interrogation preparation stage
- Before conducting interrogation with the accused, the investigator is obliged to read the decision to prosecute the accused, and at the same time clearly explain the rights and obligations of the investigator, the rights and obligations of the person responsible for the trial. legal translation of the accused, notify the procurator and defense counsel of the place and time of interrogation of the accused. During the interrogation, the defendant's testimony must be fully recorded, not arbitrarily modify the defendant's testimony, clearly stating the questions and answers.
- Investigators interrogate the accused with questions and are allowed to apply appropriate professional measures to clarify the circumstances of the case. If deemed necessary, the procurator may participate in the interrogation of the accused. All questions and answers during the interrogation must be recorded in full minutes.
- After the interrogation process has ended, the investigator must be responsible for re-reading the interrogation minutes for the accused to hear and confirm the information the accused has provided. In the case where the accused writes his own statements, the investigator shall sign for certification in the self-declaration. The participants in the interrogation also signed the record of the interrogation.
Read more:
→ The role of the defense counsel in the criminal case.
→ How long does it take to prosecute a criminal case?
→ General provisions on criminal judgment execution.
→ Legal costs and Liability to pay litigation costs.
Thinh Tri Law has presented some notes during the interrogation of the accused as prescribed in the Criminal Procedure Code 2015. Hope this article will provide useful information for you. row. If you have questions about matters related to the criminal proceedings, please contact us:
THINH TRI LAW COMPANY
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