In the near future, will the Court conduct an online trial? What is 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.
In the near future, will the Court conduct an online trial? What is an online trial?
What are the principles for the organization of an online trial?
According to the provisions of Article 2 of the Draft Circular on the Regulation on organization of online trials of Vietnam (Draft 2), the expected online trial to be held must ensure the following four principles:
"Article 2. Principles for organizing an online court session
1. Comply with the regulations on procedural order and procedures of the Criminal Procedure Code, the Civil Procedure Code and the Administrative Procedure Law.
2. Ensure the lawful rights and interests of the accused, defendants, involved parties and procedure participants.
3. Ensure confidentiality, safety and security of information and data in accordance with law.
4. Ensuring the requirements of order and sanctity of the Court; ensure that the adjudication and settlement are conducted openly, equally, democratically, strictly, objectively and in accordance with the law."
What cases are allowed to have an online trial?
According to the provisions of Article 4 of the Draft Circular on the Regulation on organization of online trials of Vietnam (Draft 2), it is expected that cases that can be held for trial in the form of online hearings include:
"Article 4. Scope of opening an online trial
1. First-instance trial of criminal cases in which the defendant is brought to trial for less serious, serious or very serious crimes, clear evidences and the defendant is in temporary detention or serving a sentence in detention facility.
2. Appellate trial of criminal cases in which defendants are convicted by first-instance courts of less serious, serious or very serious crimes.
3. First-instance and appellate trial of civil and administrative cases of simple nature, clear legal relations, and clear addresses of places of residence and offices of the involved parties."
What cases are not allowed to have an online trial?
According to the provisions of Article 5 of the Draft Circular on the Regulations on the organization of online trials of Vietnam (Draft 2), it is expected that cases that cannot be tried in the form of online hearings include:
"Article 5. Cases where online trials cannot be opened
An online trial shall not be opened for the case specified in Article 4 of this Circular in one of the following cases:
1. Criminal, administrative and civil cases with overseas assets.
2. The criminal case where the defendant is brought to trial for one of the crimes specified in Chapter XIII, Chapter XXV, Chapter XXVI of the Penal Code.
3. A criminal, administrative or civil case may be tried in secret according to the procedural law."
* Details of the content of the Draft Circular on the Regulation on the organization of online trials (Draft 2): here.
Thư Viện Pháp Luật
