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In previous regulations, the Criminal Procedure Code 2015 only stipulates that expert witnesses have the obligation to be present in response to summonses of bodies competent to conduct the proceedings but there is no penalty for violations.
In accordance with law provisions in Article 16, Ordinance 02, expert witnesses, interpreters, and translators who have been legally summoned by the Court but intentionally do not come or present at the court without any legitimate reasons, and their absences cause obstacles for the court’s proceedings, they will be subjected to warnings or imposed a fine of from VND 100,000 to 1 million.
Besides, this Ordinance also prescribes a number of fines relating to witnesses, interpreters, and experts who have the behaviors to forbid the verification and collection of evidence prescribed in Article 18:
- Impose a warning or fine from VND 100,000 - 01 million for the acts as follows: Witnesses give false statements or provide untrue documents; The witness refused to declare; except for the cases prescribed in Clause 3, Article 78 of the Criminal Procedure Code and Point e, Clause 2, Article 62 of the Law on Administrative Procedures.
- Impose a fine from VND 01 - 07 million for the acts as follows: The examiner refuses to provide documents without reasonable reasons.
- Impose a fine from VND 07 - 15 million for the acts as follows: The examiner refuses to provide examination results without reasonable reasons.
- Impose a fine from VND 15 - 30 million for the acts as follows: The examiner makes untrue conclusions; the interpreter intentionally misinterprets the truth.
Circular No. 02/2022/UBTVQH15 takes effect on September 01, 2022.
