On July 22, the Hanoi People's Court began proceedings in the case involving former FLC Chairman Trinh Van Quyet. How will the absence of investors affect their rights?

The Hanoi People's Court summoned 30,403 investors who purchased shares (in the initial public offering) of FLC Faros Construction JSC as victims in the case. However, on the first day of the trial (July 22), only about 30 victims attended the court.

Lawyer Tran Vi Thoai, Director of IB Legal Vietnam, explained that according to Article 62, Clause 2 of the 2015 Criminal Procedure Code, victims or their representatives have the right to present evidence, documents, and objects; express opinions on related evidence; request the competent authority to examine and assess evidence; participate in the trial; propose questions for the judge to ask the accused and other participants; and debate to protect their legal rights and interests. They can also review trial records, seek protection, and request compensation and other legal remedies.

Victims are obligated to attend court as per the summons. If they deliberately abscond without unavoidable reasons or objective obstacles, they may be forcibly brought to court. They must comply with decisions and requests from the competent authorities.

If a victim is deceased, missing, or has their civil rights restricted, their representative will exercise their rights and obligations. If a legal entity is the victim, its legal representative or successor inherits the rights and obligations.

Article 292, Clause 1 of the 2015 Criminal Procedure Code stipulates that if victims or their representatives are absent, the court may either postpone the trial or proceed with it. If the absence hinders the resolution of compensation claims, the court may separate the compensation issue for later adjudication.

“To ensure their rights, victims or their representatives should attend the trial. If a victim is properly summoned and fails to attend without valid reasons, the court may proceed in their absence, potentially resulting in a judgment unfavorable to them,” emphasized lawyer Tran Vi Thoai.

Duy Anh