In the near future, can the involved parties request the Court to conduct a trial in the form of an online trial? What are the requirements to hold an online trial?
The online trial is the content being developed in the Draft Circular on the Regulation on organizing the online trial issued by the Chief Justice of the Supreme People's Court. Below are expected conditions and requirements for holding an online trial.
What is an online trial?
According to the provisions of Article 3 of the Draft Circular on the Regulation on organization of an online trial of Vietnam (Draft 2), an online trial is defined as follows:
"Article 3. Words used in the Regulations
1. An online trial means the organization of a court session to hear a case according to the statutory order using electronic devices, linked together through the network environment, allowing the accused, victims and involved parties, other participants in the proceedings participate in the trial at the hubs, but still ensure to directly monitor fully the images and sounds and participate in all the oral proceedings and procedures of the trial, direct, continuous, public procedural acts, witnessed by the subjects at the same time.
2. Central hub: is the space to organize the trial of the case at the court's headquarters or at a location selected by the court, held in accordance with the provisions of Circular No. 01/2017/TT-TANDTC dated July 28, 2017 of the Chief Justice of the Supreme People's Court stipulates the courtroom, with the participation of procedure-conducting persons and other procedure participants in accordance with law and ensuring the requirements for technological equipment to support the organization of the online trial.
3. Participating node: is the space to hold the trial of the case organized or accepted by the Court, with the participation of a number of subjects participating in the proceedings and organized in accordance with the provisions of this Circular."
Thus, an online trial is one of the forms of organizing a trial to hear a case according to the statutory order, including the use of electronic devices, linked together through the network environment, allowing The accused, victims, litigants and other participants in the proceedings participate in the trial at the hubs, but still ensure to directly monitor the full image and sound and participate in all proceedings of the trial by word of mouth, face-to-face, continuous, public proceedings, witnessed by the subjects at the same time.
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In the near future, can the involved parties request the Court to conduct a trial in the form of an online trial? What are the requirements to hold an online trial?
What are the expected conditions for holding an online trial?
According to the provisions of Article 6 of the Draft Circular on the Regulation on holding an online trial of Vietnam (Draft 2), the expected organization of an online trial must meet the following conditions:
"Article 6. Conditions for holding an online trial
1. The organization of an online trial for a criminal case specified in Clauses 1 and 2, Article 4 of this Circular shall be conducted when the following conditions are fully satisfied:
a) The defendant makes an application, the detention facility makes a written request to hold an online trial.
In case the first-instance judgment or decision of the Court is appealed by the involved parties, victims, their representatives or defense counsels of their lawful rights and interests, or the procuracies protest for appellate appeal, an application or written request must be made for an online appellate court hearing of the involved parties, victims, their representatives and defenders of their legitimate rights and interests. For criminal cases, there must also be a request from the accused and the detention facility.
b) The procuracies competent to exercise the right to prosecute and supervise the observance of law in the proceedings have given written consent to the online trial.
c) Ensure that the requirements for material and technical foundations are met as prescribed in Articles 7, Article 8 of this Circular.
2. The organization of an online trial for an administrative or civil case specified in Clause 3, Article 4 of this Circular shall be carried out when the following conditions are fully satisfied:
a) The involved parties have an application to open an online court session.
b) The procuracies competent to supervise the observance of law in the proceedings have agreed in writing to open an online trial.
c) Ensure that the requirements for material and technical foundations are satisfied as prescribed in Clause 1, Point a, Clause 2, Article 7, Article 8 of this Circular."
Thus, in the near future, the litigants in administrative and civil cases with simple nature and clear legal relations, the litigants with clear addresses of residence and headquarters shall send applications to open An online trial is expected to be one of the conditions for the Court to hold an online trial.
What are the expected requirements for the hubs when holding an online trial?
According to the provisions of Article 7 of the Draft Circular on the Regulation on organization of online trials of Vietnam (Draft 2), the organization of an online trial is expected to meet the following requirements for the hubs:
"Article 7. Requirements for hubs
1. Central hub
The courtroom at the central hub is organized in accordance with the provisions of Circular No. 01/2017/TT-TANDTC dated July 28, 2017 of the Chief Justice of the Supreme People's Court, providing for the Courtroom and ensuring the Specific requirements are as follows:
a) The courtroom must be equipped with an online system including electronic equipment and information technology infrastructure separate from other common information technology equipment of the Court.
b) The courtroom must be equipped with the following equipment for the online court session: Lighting system; Transmission lines and network equipment; Sound system (speakers, mic, amp, mixer); The device displays images at the central hub and the hubs that are part of the online court session; TV signal decoding equipment, online TV software; Camera equipment to record the entire courtroom happenings; Data storage devices; Object projectors are used to present documents and evidences at court sessions; Power storage device.
2. Participating nodes for an online court session must not exceed 03 points and must satisfy the following requirements:
a) For administrative and civil court sessions, the space at the bridge must be polite, serious and quiet; light suitable space, avoid backlit, objectionable colors; ensure that the images and space around the participants are fully displayed on the projection screen; appropriate electronic equipment to ensure clear, uninterrupted transmission of audio and video at the court hearing.
b) For the trial of a criminal case where the participating node is located at the detention facility, it must satisfy the requirements specified at Point a, Clause 2 of this Article; The corresponding national emblem of the Socialist Republic of Vietnam must be arranged as at the central hub; Arranging a reporting platform for the accused. For defendants who are under 18 years old, the arrangement of positions for defendants, representatives and defense counsels shall be in accordance with regulations on Court rooms and the settlement of cases within the jurisdiction of the Family Court and the court. Minors. In case there are other participants in the proceedings, the corresponding position must be arranged as the central hub."
What are the expected technical and technological requirements when organizing an online trial?
According to the provisions of Article 8 of the Draft Circular on the Regulation on organization of an online trial of Vietnam (Draft 2), the expected organization of an online trial must meet the following technical and technological requirements:
"Article 8. Technical and technological requirements
1. Technical and technological requirements for hubs must comply with regulations and instructions of the Supreme People's Court and the Ministry of Public Security.
2. The operation and management of the online trial system must comply with regulations and guidance of the Supreme People's Court."
*Details of the content of the Draft Circular on the Regulation on the organization of online trials (Draft 2): here.
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