Prosecuted Without Sufficient Evidence in Vietnam?

Being prosecuted without sufficient evidence is a major concern for many foreigners involved in criminal proceedings in Vietnam. Can the investigation be suspended? On what legal grounds do the authorities make such decisions? This article helps you understand your legal rights and appropriate courses of action.

Being Prosecuted Without Sufficient Evidence – What Does Vietnamese Law Provide?

When a foreigner is prosecuted in Vietnam, the first reaction is often fear and confusion:
“Will I be detained for a long time?”
“Will I definitely be convicted?”
“If there is not enough evidence, can the investigation be suspended?”

First and foremost, it is important to understand: being prosecuted does not mean being guilty. Under the principle of presumption of innocence stipulated in Article 13 of the 2015 Criminal Procedure Code (as amended), a person is only considered guilty when a legally effective court judgment is issued.

Legal Grounds for Suspension of Investigation

Under the 2015 Criminal Procedure Code (currently in force), the investigating authority shall issue a decision to suspend an investigation when certain statutory grounds exist, including:

• The act does not constitute a crime
• The suspect did not commit the criminal act
• The statute of limitations for criminal liability has expired
• There are grounds for exemption from criminal liability under the Criminal Code

Importantly, if there is insufficient evidence to prove the commission of a crime and such evidence cannot be clarified within the statutory investigation time limit, the investigating authority may issue a decision to suspend the investigation.

However, in practice, determining what constitutes “insufficient evidence” is legally complex. Investigation periods may be extended depending on the classification of the offense (less serious, serious, very serious, or particularly serious crimes).

Therefore, “insufficient evidence at the present time” does not automatically mean the investigation will be immediately suspended.

Are There Differences for Foreigners During Investigation?

In principle, foreigners committing crimes in Vietnam are subject to Vietnamese law under the 2015 Criminal Code (as amended in 2017).

However, certain specific rights apply, including:

• The right to notify their consular or diplomatic representatives
• The right to an interpreter
• The right to engage a lawyer from the investigation stage

In many cases handled by DEDICA, foreign clients were prosecuted without fully understanding their rights, leading to inconsistent statements or unintentionally self-incriminating explanations.

This often prolongs investigations and reduces the possibility of having the case suspended.

What Should You Do If Prosecuted Without Sufficient Evidence?

For foreigners, the greatest fear is not only potential penalties, but also detention, travel bans, and reputational damage.

At this stage, the key is not panic — but a proper legal strategy.

The Role of a Criminal Defense Lawyer During Investigation

Under the Criminal Procedure Code, a lawyer has the right to:

• Participate in interrogations
• Collect and submit evidence
• Request changes to preventive measures
• Petition for suspension of investigation if grounds for prosecution are insufficient

In criminal cases involving foreigners in Vietnam, a lawyer may:

• Analyze inconsistencies in evidence
• Demonstrate that the conduct does not constitute a crime
• Request less restrictive preventive measures (e.g., bail instead of detention)
• Work with investigators to clarify the true nature of the case

It must be noted that no lawyer can guarantee “certain suspension” or “no imprisonment.” Each case depends on evidence, testimony, and the assessment of the competent authorities.

The law allows suspension — but only where sufficient legal grounds genuinely exist.

Factors Affecting the Possibility of Suspension

Based on practical experience advising foreign clients, the likelihood of suspension often depends on:

• The clarity and strength of incriminating evidence
• Whether evidence was lawfully collected
• Misunderstandings due to cultural or legal differences
• Whether a civil or commercial dispute has been criminalized

For example, in contractual disputes involving foreign-invested enterprises, allegations such as “abuse of trust” or “fraud” may arise. However, if the matter is essentially civil in nature, the possibility of suspension increases significantly.

DEDICA is a law firm based in Ho Chi Minh City that regularly defends and protects the rights of foreigners in criminal cases or cases where commercial disputes risk criminalization. We understand that every hour during investigation places enormous pressure on clients and their families.

Practical Steps for Foreigners Under Investigation in Vietnam

If you or your loved one is being prosecuted without sufficient evidence, consider the following:

1. Do Not Work Alone With Investigators

All statements have legal value. Misunderstanding legal terminology or language barriers may lead to misinterpretation.

Always request the presence of a lawyer and interpreter.

2. Review the Legality of Procedural Decisions

A lawyer can review:

• Whether the prosecution decision was issued by competent authority
• Whether investigation deadlines were unlawfully extended
• Whether detention is truly necessary

Procedural violations may serve as important grounds for petitioning suspension or annulment of procedural decisions.

3. Proactively Collect Exculpatory Evidence

Do not rely solely on the investigating authority. A lawyer may assist in:

• Collecting emails, contracts, transaction records
• Taking witness statements
• Providing documents proving lawful purpose

When the case file clearly shows that the conduct does not constitute a crime or lacks essential elements of a crime, the opportunity for suspension becomes realistic.

DEDICA – Supporting Foreign Clients in Criminal Proceedings

We understand that for foreigners, the Vietnamese legal system can feel unfamiliar and overwhelming. Language barriers and procedural differences create immense psychological pressure.

DEDICA’s lawyers have extensive experience, including backgrounds in international law firms and multinational corporations. We have:

• Defended foreign suspects
• Protected foreign victims’ rights
• Advised on legal strategy during investigation stages

We do not promise specific outcomes. However, we are committed to:

• Protecting clients’ lawful rights and interests to the fullest extent
• Providing honest assessment of legal risks
• Developing strategic solutions tailored to each procedural stage

If you are worried about being prosecuted without sufficient evidence, do not wait until the situation escalates.

Contact DEDICA Law Firm for Professional Legal Support

📞 Hotline: (+84) 39 969 0012 (Available via WhatsApp, WeChat, Zalo)

🕒 Working Hours: Monday – Friday (8:30 – 18:00)

Contact us today for a free initial consultation with our experienced lawyers!