May a fine be imposed if a witness did not present at Court?

I am a witness in a criminal case. I have received a summons from the Court but I don’t want to present at the Court. Will I be punished if I don’t comply with the summons?

Sincerely thank you!

FDVN’s opinion:

Regarding your request, after studying the legal provisions, FDVN Law Firm offers the following advice:

Witness testifiers possess knowledge of facts relating to the crime and lawsuit and receive competent procedural authorities' subpoena to testify. According to Point a, Clause 4, Article 66 of Criminal procedure Code 2015, witness bears the duty of presenting as per competent procedural authorities’ subpoena. If their absence due to any but not force majeure or objective obstacles hinders the handling of criminal information, charges, investigations, prosecution, adjudication, they may be escorted by force.

Besides, according to Article 293 of Criminal procedure Code 2015, “Testifiers shall attend the trial to elucidate facts of a case. If a testifier is absent but gives statements to investigation authorities, the presiding judge shall announce such statements. If a witness testifier for vital issues of the case is absent, the Trial panel shall, as the case may be, decide to halt or continue the trial”

If the witness’s absence due to any but not force majeure or objective obstacles hinders the handling of criminal information, charges, investigations, prosecution, adjudication, they may be escorted by force.

So, if a witness for vital issues of the case is absent, the Trial panel shall decide to halt. If their absence due to any but not force majeure or objective obstacles hinders the handling of criminal information, charges, investigations, prosecution, adjudication, they may be escorted by force.

A witness refused to give testimony shall face criminal prosecution, “Refusal to give testimony, expert's conclusion, valuator's conclusion or refusal to provide documents” Article 383 of Criminal Code 2015.

Accordingly, the witness if not in the case specified at Clause 2 Article 19 of Criminal Code 2015 refuses to provide documents without acceptable reasons shall receive a warning or face a penalty of up to 01 year's community sentence or 03 - 12 months' imprisonment. The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 years.

If the Court summons you to participate in the trial as a witness you need to cooperate to perform your duties. If the force majeure may not be able to participate in the trial, you need a Court filing stating the reasons for your absence and pre-trial date to ensure your legitimate rights and interests.

We hope that FDVN Law Firm's opinion regarding your request will be helpful to you.

Legal advisor Nguyen Thi Lan Anh - FDVN Law Firm

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