Whether the Court Considers Postponing the Trial if the Protector of Legal Rights and Interests of the Victim Requests Absence and Adjournment?
Court's Authority to Postpone Criminal Court Hearings Based on Which Grounds?
According to Article 305 of the Criminal Procedure Code 2015, the regulations are as follows:
Addressing Requests to Review Evidence and Postpone Hearings When Persons are Absent
The Presiding Judge must ask the Procurator and participants present at the trial if anyone requests to summon additional witnesses or to present additional exhibits, materials for review. If any trial participant is absent or, although present at the trial, is unable to participate due to health reasons, the Presiding Judge must ask if anyone requests to postpone the trial; if there is a request, the Trial Panel will consider and decide.
According to the above regulations, if any trial participant is absent and cannot participate, the Presiding Judge must ask if anyone requests to postpone the trial; if there is a request, the Trial Panel will consider and decide.
The victim and the protector of the victim’s legal rights and interests submitted a request for absence and a request to postpone the trial. Is the Court required to postpone the trial?
If the Victim Requests Absence and a Postponement of the Trial, Will the Court Postpone the Trial?
According to Article 292 of the Criminal Procedure Code 2015, the regulations are as follows:
Presence of the Victim, Litigants, or Their Representatives
1. If the victim, litigants, or their representatives are absent, depending on the situation, the Trial Panel will decide to postpone or proceed with the trial.
2. If the absence of the victim, litigants only hinders the resolution of compensation for damages, the Trial Panel may separate the compensation issue for later adjudication according to the law.
If the victim is absent, depending on the situation, the Trial Panel will decide to postpone the trial or proceed with the trial.
If the Protector of the Victim’s Legal Rights and Interests Submits a Request for Absence and a Postponement of the Trial, Will the Court Consider Postponing the Trial?
According to Subsection 7 Section II Official Dispatch 206/TANDTC-PC, the regulations are as follows:
7. In a criminal case, at the first trial, if the victim submits a request for a trial in absentia, and the protector of the victim’s legal rights and interests submits a request for absence and a request to postpone the trial, what will the Court do?
For the absence of the victim, the Court will consider postponing the trial or proceed with the trial as per Clause 1, Article 292 of the Criminal Procedure Code.
The Criminal Procedure Code does not specify that the absence of the protector of the victim’s legal rights and interests is a basis for the Court to consider postponing the trial. Therefore, in this case, the Court will proceed with the trial as per regulations. However, if the absence of the protector of the victim’s legal rights and interests affects the resolution of the case, the Trial Panel may, based on Article 305 of the Criminal Procedure Code, ask if anyone requests to postpone the trial; if there is a request, the Trial Panel will consider and decide.
For the absence of the victim, the Court, depending on the situation, may consider postponing the trial or proceed with the trial.
The Criminal Procedure Code does not specify that the absence of the protector of the victim’s legal rights and interests is a basis for the Court to consider postponing the trial. Therefore, in the case of the absence of the protector of the victim’s legal rights and interests, the Court will proceed with the trial as per regulations.
However, if the absence of the protector of the victim’s legal rights and interests affects the resolution of the case, the Presiding Judge will ask if anyone requests a postponement of the trial; if there is a request, the Trial Panel will consider and decide.
Procedures for Postponing a Criminal Court Hearing
According to Article 297 of the Criminal Procedure Code, the regulations are as follows:
Postponing a Trial
1. The Court postpones the trial under one of the following cases:
a) There are grounds specified in Articles 52, 53, 288, 289, 290, 291, 292, 293, 294, and 295 of this Code;
b) It is necessary to verify, collect additional evidence, materials, objects that cannot be done immediately at the trial;
c) It is necessary to conduct supplementary assessment or re-assessment;
d) It is necessary to appraise or re-appraise assets.
In case of postponing the trial, the case must be re-tried from the beginning.
2. The time limit for postponing a first-instance trial shall not exceed 30 days from the date of the trial postponement decision.
3. The decision to postpone a trial must include the following main contents:
a) Date, month, year of the decision;
b) Name of the Court and names of the Judge, Jurors, Court Clerk;
c) Names of the Procurators exercising the right to prosecution, supervising the trial at the court session;
d) The case brought to trial;
e) Reasons for postponing the trial;
f) Time and place to resume the trial.
4. The decision to postpone the trial must be signed by the Presiding Judge on behalf of the Trial Panel. In case the Presiding Judge is absent or replaced, the Chief Judge of the Court will issue the decision to postpone the trial.
The decision to postpone the trial must be immediately notified to the participants present at the trial; sent to the same level Procuracy and those absent from the trial within 02 days from the date the decision is issued.
After considering, deciding to postpone the trial if it falls under one of the grounds for postponing the trial.
The Presiding Judge issues the decision to temporarily postpone the trial, noting that in case of postponing the trial, the case must be re-tried from the beginning.
The time limit for postponing a first-instance trial shall not exceed 30 days from the date the decision to postpone the trial is issued.
The decision to postpone a Criminal trial must include the following main contents:
- Date, month, year of the decision;
- Name of the Court and names of the Judge, Jurors, Court Clerk;
- Names of the Procurators exercising the right to prosecution, supervising the trial at the court session;
- The case brought to trial;
- Reasons for postponing the trial;
- Time and place to resume the trial.
The decision to postpone the trial must be signed by the Presiding Judge on behalf of the Trial Panel. In case the Presiding Judge is absent or replaced, the Chief Judge of the Court will issue the decision to postpone the trial.
The decision to postpone the trial must be immediately notified to the participants present at the trial; sent to the same level Procuracy and those absent from the trial within 02 days from the date the decision is issued.
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