DEDICA ADVISES Criminal proceedings may conclude with a prison sentence for the defendant, but many victims receive nothing because they failed to file a claim for damages correctly and on time. Whether it is a business suffering from property embezzlement or an individual victim of physical assault, compensation is not automatic and must be formally requested during the criminal proceeding.
As a victim in a criminal case in Vietnam, will you automatically recover your lost assets once the trial ends? What must you do to ensure the court orders the defendant to compensate you fully for your actual damages? And if you do not speak up during the investigation phase, will your rights still be protected during the trial? These are questions that often leave victims, particularly foreign-invested enterprises (FIEs) dealing with employee embezzlement, feeling uncertain when first navigating the Vietnamese criminal justice system. This article analyzes the victim's right to claim damages, the necessary procedures, and common mistakes that lead to lost rights.
The Victim's Right to Claim Damages in Criminal Procedure Law
The 2015 Criminal Procedure Code clearly defines who has the right to claim compensation in a criminal case. A victim is an individual directly suffering physical, mental, or property damage, or an agency or organization suffering damage to property or reputation caused or threatened by a crime. Beyond the rights to be informed of investigation results, present evidence, and attend hearings, the victim holds the most crucial right for financial recovery: requesting the amount of damages and measures to secure compensation.
What does this mean for you? You are not a bystander waiting for the court to decide on your behalf. You have the right to proactively put forward the damage amount, supported by documentation, and request that the judicial authorities consider it when sentencing. If the property damage is suffered by a party other than the direct target of physical or reputational harm (e.g., a company whose employee embezzled funds), the law classifies them as a civil plaintiff in a criminal case, possessing similar rights: presenting evidence, requesting compensation amounts, participating in trial arguments, and appealing the civil judgment if dissatisfied.
A fundamental distinction from civil litigation: the issue of compensation in a criminal case is resolved within the same proceeding, rather than through a separate civil lawsuit. Only when the damages cannot yet be proven and separating them does not affect the criminal trial will authorities split the civil matter for separate adjudication.
Basis and Principles for Determining Compensation
Compensation in criminal cases must follow the non-contractual damage principles of the 2015 Civil Code. The basis for liability is clear: any person who infringes upon the life, health, property, or legal rights of another and causes damage must compensate.
The core principle is that actual damage must be compensated in full and in a timely manner. Resolution 02/2022/NQ-HĐTP of the Council of Justices of the Supreme People's Court provides specific guidance: actual damage is calculated as money at the time of settlement, and the claimant must clearly state each item of loss along with supporting evidence.
Three common categories of damage in criminal cases are listed by the Civil Code, depending on whether the victim’s property, health, or life was infringed:
- Damage to property: lost, destroyed, or damaged assets; benefits associated with the use or exploitation of the property lost or diminished; and reasonable costs to prevent, limit, and remedy the damage.
- Damage to health: costs of treatment, recuperation, and rehabilitation; actual income lost or diminished; costs and lost income of the caregiver; and compensation for mental anguish.
- Damage to life: items similar to health damage (if applicable), reasonable funeral expenses, child support for dependents, and compensation for mental anguish for relatives.
For lost or damaged property, Resolution 02/2022/NQ-HĐTP provides valuation guidance: based on the parties' agreement; if not possible, determine according to the market price of the same type of asset with the same features and depreciation level at the time of settlement. Victims should understand this to avoid undervaluation.
Procedures for Claiming Compensation: From Investigation to Sentencing
Contrary to common belief, claiming compensation is not solely a trial-stage activity. Victims should act proactively during the investigation phase, as this is when evidence is most accessible.
First, the victim or civil plaintiff must file a written claim (Application for Compensation) with the investigation agency, the Procuracy, or the Court, depending on the case stage, specifying each loss item. Simultaneously, gather and provide supporting documents: repair invoices, medical records, proof of lost income, and valuation results. If unable to collect evidence personally, the victim has the right to request the judicial authorities to assist.
Regarding assets seized during investigation (e.g., exhibits, cash, goods), the law has specific mechanisms for handling evidence, and not all seized assets are automatically returned to the victim.
Therefore, if your assets are being held, proactively requesting their return in writing and providing proof of ownership will expedite the process rather than waiting for the final judgment.
Throughout the proceedings, victims and civil plaintiffs have the right to attend hearings, present opinions, request the Council to review compensation levels, and argue to protect their claims. If the judgment declares a compensation level deemed unsatisfactory, they have the right to appeal the civil portion of the judgment.
Risks and Common Mistakes When Self-Representing
Many victims lose their rights not because the law fails to protect them, but because they exercise their rights incorrectly or too late.
The most common mistake is waiting until the trial to raise a claim, whereas the investigation phase is when evidence (invoices, vouchers, asset traces) is intact. The longer one waits, the harder evidence becomes to recover, and unsubstantiated claims are easily rejected.
The second mistake is confusing "confiscation of exhibits for the state budget" with "returning assets to the victim." Per regulations, money or assets derived from criminal activity are generally confiscated. Only non-exhibits, or exhibits deemed not affecting case resolution, are returned. Many victims mistakenly believe a guilty verdict automatically results in full asset recovery, leading them to neglect proving ownership or requesting that the court force the defendant to pay for assets already squandered.
The third mistake, especially for FIEs suffering from employee embezzlement, is failing to clearly detail and prove each damage item. Per Resolution 02/2022/NQ-HĐTP, claimants must specify each item with evidence. A company merely stating a total loss amount without breaking it down (direct misappropriation, lost business profits, remediation costs) will likely not be fully accepted.
Finally, many victims fail to realize that compensation may be reduced if the perpetrator proves the claim is disproportionate to their economic capacity, or if the victim is partially at fault. This is not the court being "difficult," but a principle of fairness established by law; victims should prepare arguments and evidence to defend their claim from the outset.
The Role of DEDICA in Protecting Victims' Rights
DEDICA represents and protects the rights of victims and civil plaintiffs throughout criminal proceedings, from investigation to first-instance and appellate trials: drafting applications for compensation, collecting and consolidating evidence to prove actual damage, working with the investigation agency and the Procuracy to request proper handling of seized assets, and arguing at hearings to defend fair compensation levels.
For FIEs with employees embezzling assets, having legal counsel from the moment of denunciation or when contacted by the police helps the business avoid missing the golden window for evidence collection. If your business or you personally are a victim in a criminal case in Vietnam, DEDICA is ready to evaluate the specific file and advise on appropriate compensation strategies.
Conclusion
To obtain fair compensation as a victim in a criminal case, follow the correct procedure: (1) submit a written compensation request as early as possible, preferably during the investigation stage, specifying each loss item; (2) proactively collect and provide documents proving actual damage (invoices, medical records, income statements, valuation results); (3) for seized assets, request their return in writing with proof of ownership; (4) actively participate in all stages, argue and appeal if the judgment is unsatisfactory. The three biggest mistakes leading to loss of rights are waiting for the trial, assuming a guilty verdict triggers automatic restitution, and failing to itemize damages. If your case is ongoing, hiring a lawyer to review and prepare your file now will help ensure your right to compensation is not lost.
Every criminal case has unique facts, evidence, and procedural stages, directly impacting the ability and level of compensation. DEDICA Law Firm is ready to support you with protecting your rights and recovering losses caused by criminal acts. Contact DEDICA for in-depth legal consultation.
This content is for informational purposes based on regulations at the time of drafting. Each case has unique facts; please consult DEDICA lawyers for advice tailored to your specific situation.
