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DISTINCTION BETWEEN THE ACCUSED AND THE DEFENDANT

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Table of Contents

  • Who is the Accused?
  • Who is the Defendant?
  • Comparison between the Accused and the Defendant

1. Who is the Accused?

Pursuant to Clause 1, Article 60 of the 2015 Criminal Procedure Code of Vietnam, the Accused is an individual or legal entity that has been criminally prosecuted. The rights and obligations of the accused, in the case of a legal entity, shall be exercised through its legal representative in accordance with the provisions of the 2015 Criminal Procedure Code.

2. Who is the Defendant?

According to Clause 1, Article 61 of the 2015 Criminal Procedure Code, a Defendant is an individual or legal entity who has been brought to trial by a decision of the Court. The rights and obligations of the defendant, if a legal entity, shall also be exercised through its legal representative in accordance with the 2015 Criminal Procedure Code.

3. Comparison Between the Accused and the Defendant

CriteriaAccusedDefendant
Legal BasisArticle 60 of the 2015 Criminal Procedure CodeArticle 61 of the 2015 Criminal Procedure Code
DefinitionAn individual or legal entity who has been criminally prosecutedAn individual or legal entity who has been brought to trial by the Court
Stage of ProceedingsInvestigation and prosecution stagesTrial stage
RightsIncludes: right to be informed of charges; to receive indictments and procedural decisions; to remain silent; to present evidence; to request examination; to self-defend or retain counsel; to complain against procedural acts; etc.Includes: right to receive trial decisions; to participate in hearings; to cross-examine; to defend oneself or retain counsel; to appeal judgments; to file complaints; etc.
Obligationsa) Must appear when summoned by the competent procedural authority. In unjustified absence, may be compelled or declared wanted; b) Must comply with decisions and requests of competent authorities.a) Must appear when summoned by the Court. In unjustified absence, may be compelled or declared wanted; b) Must comply with Court’s decisions and requests.