Об особенностях определения процессуального статуса лиц, которым причинен ущерб преступлением, по законодательству Вьетнама

Abstract

Introduction: the determination of the procedural status of parties to criminal proceedings is an important step towards the full and comprehensive disclosure of criminal cases and ensuring the rights of these persons. However, currently, in practice, approaches to determining the procedural status of a person who has suffered damage are not uniform. This leads to the fact that the rights of these subjects in the judicial process are not properly enforced, affecting the overall effectiveness of compensation for damages in criminal cases. The purpose of the study is to analyze some provisions of the Criminal Procedure Code of the Socialist Republic of Vietnam (CPC SRV), 2015, which have fixed the procedure for determining the procedural status of subjects whose property damage is caused by a crime, and the difference between the victim and the civil plaintiff, as well as persons with interests and obligations in the case. The achievement of the research goal is due to the solution of the following tasks: the disclosure of the provisions of the Criminal Procedure Code of the SRV on victims, civil plaintiffs, persons with interests and obligations in the case, witnesses; the recognition of the procedural status of these entities by the competent authorities. Applying general scientific research methods, namely, the comparison of the current provisions of normative legal acts, their generalization, the author has identified the following results: the recognition of the legal status of victims is of great importance for ensuring their rights. There is a need to pay more attention during the investigation of criminal cases to the content of each specific case, the role of a person at different stages of the proceedings in determining the status of the victim in accordance with the Criminal Procedure Code of the SRV, 2015. The most important point for determining the status of a victim in a criminal case is to identify a direct causal relationship between the damage caused to this person and the criminal act. Conclusions: there are no provisions on the procedural form of the recognition of victims in the current Criminal Procedure Code of the SRV. In practice, this leads to the fact that their rights in criminal proceedings are not guaranteed and properly ensured.