The Settlement Of Civil Compensation In A Criminal Case in Vietnam

The settlement of civil compensation in a criminal case has an important significance in ensuring the prompt and timely resolution of criminal cases as well as ensuring the legal rights and interests of the participants in the legal proceedings, especially aggrieved parties in the criminal case. For those reasons, the Criminal Proceeding Code 2015 provides the principle of the settlement of civil compensation in a criminal case. Such regulation is one of the fundamental principles of the law on criminal proceeding.

The settlement of civil compensation in a criminal case is specified in Article 30 of Criminal Proceeding Code 2015, specifically as follows:

“Civil matters in criminal cases are resolved during the settlement of criminal cases. If a criminal lawsuit deals with damage claims backed by insufficient evidences and causing little effect on the settlement of such case, civil matters may be separated and settled through civil procedure.”

The settlement of civil compensation in a criminal case for the victim of a crime arises at the victim’s request or the procurator’s. The settlement of civil compensation in a criminal case for the civil plaintiff arises when such civil plaintiff files a damage claim. On the basis of the aforesaid principles, the victim of a crime or the civil plaintiff has the right to claim the settlement of civil compensation in a criminal case either while the criminal presiding authorities resolve the criminal case or the court can be requested to settle in separate civil proceedings if such settlement does not affect the settlement of the criminal case.

Unlike the settlement of damages in civil disputes under civil proceedings, the settlement of civil compensation in a criminal case will comply with the criminal proceeding, and the settlement of civil compensation in a criminal case will apply the mediation procedure; Especially, for the settlement of civil compensation in a criminal case, the obligation of to prove and collect evidence lies with the presiding authorities or presiding officers.

Despite the aforementioned differences, the settlement of civil compensation in a criminal case still has to comply with principles of compensation for non-contractual damages in accordance with the civil code by nature, amongst the following principles shall be still considered in the circumstances of the settlement of civil compensation in a criminal case:

1. Actual damage must be fully and promptly compensated. Unless otherwise provided by law, the parties may agree on the level of compensation; on the form of compensation, which may be money, in kind or for the performance of an act; lump sum payment or payment in instalments; and on the method of compensation.
2. The compensation payable by a person having caused a damage may be reduced if such damage was caused unintentionally and is too great in comparison to the financial capacity of such person.
3. If the amount of compensation determined becomes unrealistic, the aggrieved person, or the person who has caused the damage, may request a court or another competent authority to change the amount of compensation.
4. If the aggrieved party is partly at fault for causing the damage, that part of damage shall not be compensated.

In addition, there is no provision for court mediation and the responsibility of the court in recognizing the successful agreement between the parties involved in the settlement of civil compensation in a criminal case. However, pursuant to the principles of free and voluntary entering into commitments and/or agreements of participants in civil relationships, if the involved parties can mediate by themselves and the agreement is not contrary to the law and social ethics, the court will acknowledge the agreement of the parties on the settlement of civil compensation in a criminal case into a criminal judgement.

Regarding the separation of civil cases for separate settlement, Article 30 of Criminal Proceeding Code 2015 specifies the conditions for separating civil matters in a criminal case for settlement under civil proceeding when “insufficient evidences” and “no effect on the settlement of criminal cases”.

Finally, a person who claims the settlement of civil compensation in a criminal case should pay attention to the statutory period for initiating a lawsuit because a criminal case’s proceedings may last over 03 years, meanwhile, the statutory period to initiate a lawsuit under Article 585 of Civil Code 2015 is only 03 years from the date on which its lawful rights and benefits were infringed.

The above is an overview of the settlement of civil compensation in a criminal case in accordance with the existing Vietnamese law. If you have trouble with legal issues regarding the settlement of civil compensation in a criminal case, please contact us: Phuoc & Partners is a professional consulting firm established in Vietnam which currently has nearly 100 members working in three offices in Ho Chi Minh City, Hanoi and Danang. Phuoc & Partners. It is rated as one of the leading consulting firms specializing in business law in Vietnam that has leading practice areas in the legal market such as Labour and Employment, Taxation, Merger and acquisition, Litigation. We are confident in providing customers with optimal and effective service.

Summary

Article Name

The Settlement Of Civil Compensation In A Criminal Case in Vietnam

Description

The settlement of civil compensation in a criminal case in Vietnam has an important significance in ensuring the prompt and timely resolution of criminal cases

Author

Tran Thanh Phuong

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Phuoc Partners

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