How Should Procurators Address Other Participants When Joining the Trial?
How Should a Prosecutor Address Other Participants in a Court Hearing?
Pursuant to Article 6 of the Rules issued in conjunction with Decision 46/QD-VKSTC in 2017, the manner in which a Prosecutor addresses court participants is regulated as follows:
- When referring to themselves, a Prosecutor uses "I" in the case of a single Prosecutor; "we" if multiple Prosecutors are exercising the right to prosecution and judicial supervision at a trial or hearing; or "Prosecutor’s Office", "Prosecutor" as appropriate to the context and situation.
- Manner of addressing procedural participants:
+ When a case is handled by a Panel, the Prosecutor uses phrases such as "dear Panel", "request the Panel" or "the Panel" in conjunction with the specific task of the Panel (e.g., Trial Panel, Civil Resolution Panel, etc.) before making presentations, speeches, requests, or petitions.
+ When a case is handled by a single Judge, the Prosecutor uses the phrase "dear presiding Judge (hearing)" or "request the presiding Judge (hearing)" before making presentations, speeches, requests, or petitions.
+ When addressing the Clerk of the trial or hearing, the Prosecutor uses the phrase "request the Clerk of the trial (hearing)", followed by the issue to be requested.
+ When addressing the Verifier, the Prosecutor uses the phrase "request the Verifier" along with the full name of the Verifier, then states the issue to be requested.
- Manner of addressing other participants in adjudication:
+ For an individual defendant, the Prosecutor refers to them as "Defendant" or "Defendant" along with their name or full name. For example: Defendant is asked to state...; or Defendant Nguyen Van A is asked to state... In cases where the defendant is a commercial entity, the Prosecutor uses "Defendant" or "Defendant" along with the entity’s full name.
+ For convicted persons, the Prosecutor uses the term "prisoner" along with their full name.
+ For victims, the Prosecutor uses "Victim" or "Victim" along with their full name.
+ For lawyers, the Prosecutor uses "Lawyer" or "Lawyer" along with their full name.
+ For other individual participants in adjudication, the Prosecutor uses "Mr., Mrs., Ms." or "Mr., Mrs., Ms." along with their name or full name; if they represent an organization or agency, the full name of the organization or agency is used.
- For attendees of the trial or hearing, the Prosecutor uses the address "Dear attendees and participants of the trial."
How Should a Prosecutor Address Other Participants in a Court Hearing? (Image from the Internet)
What Are the Duties and Prohibited Actions of Prosecutors in Court?
(1) Duties Prosecutors Must Perform in Court:
According to Article 4 of the Rules issued in conjunction with Decision 46/QD-VKSTC in 2017, the duties of Prosecutors in court include:
- Fully and correctly implementing the legal regulations and those of the People's Procuracy concerning the duties and powers of prosecutors at trials and hearings.
- Being present at the trial or hearing location before the opening time. If unable to attend due to force majeure, the assigned Prosecutor must immediately report to the Head of Department or unit head and notify the presiding Judge.
- Wearing the uniform of the sector conformably.
- Adhering strictly to the trial or hearing regulations.
- Complying seriously with lawful, reasonable demands of the presiding Judge.
- Demonstrating proper gesture, action, speech, posture, demeanor, and expressions that embody the image of a Prosecutor with “Integrity, Impartiality, Objectivity, Prudence, and Humility”.
- Performing other duties as stipulated in the Rules issued in conjunction with Decision 46/QD-VKSTC in 2017.
(2) Prohibited Actions of Prosecutors in Court
According to Article 5 of the Rules issued in conjunction with Decision 46/QD-VKSTC in 2017, the prohibited actions for Prosecutors in court include:
- Not using alcohol, beer, or other stimulants during the performance of duties at trials or hearings or within 12 hours before attending a trial or hearing.
- Not discriminating based on ethnicity, religion, belief, race, social class, or gender of participants in adjudication or attendees of the trial.
- Not engaging in actions that criticize, belittle, or insult the dignity of litigants opposed to the Prosecutor or those countering the viewpoints of the Prosecutor’s Office.
- Not engaging in actions exceeding their duties at trials or hearings.
- Not arbitrarily lending, allowing recording or copying of evidence, or providing information related to the case prior to the conclusion of the trial or hearing.
- Not performing actions prohibited for Prosecutors as stipulated by the Law on Organization of the People's Procuracy and the Rules issued in conjunction with Decision 46/QD-VKSTC in 2017.
What Should Be the Conduct of Prosecutors in Court?
Based on Article 7 of the Rules issued in conjunction with Decision 46/QD-VKSTC in 2017, the conduct of Prosecutors in court is regulated as follows:
- Prosecutors must stand and sit properly. If they have a hat, it must be placed on the table, in front and slightly to their left, with the insignia facing forward.
- Gestures, actions, speech, and expressions of Prosecutors must be clear, definite, polite, and appropriate. The voice must be audible, not too fast, and not too slow. Language must be accurate, without slurring or stammering.
- Prosecutors must listen respectfully to others’ opinions. When questioning, debating, replying, or stating opinions, Prosecutors must be articulate, calm, and must not get angry or insult others.
- When making a request, suggestion, or petition during a trial or hearing, Prosecutors must ask for permission from the presiding Judge before speaking. Any petition concerning legal violations by procedural persons during the trial or hearing must be accurate, and suggestions must be constructive.
If the Panel or presiding Judge does not accept the request, suggestion, or petition, the Prosecutor must continue to participate in the trial or hearing and must not leave or show anger or non-cooperation.
- In case of unexpected situations during the trial or hearing, Prosecutors must remain calm, take initiative, respond flexibly, or cooperate with the Panel or the presiding Judge to address the issue.
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