07:48 | 23/07/2024

Cases in Which Judges Are Not Assigned to Resolve Cases: Criteria for Assigning Judges to Cases

Which cases are Judges not assigned to adjudicate? What criteria must be based on when assigning Judges to adjudicate? - Question by Mr. P.T (Binh Phuoc)

What are the principles for assigning judges to resolve cases?

Pursuant to Article 3 of Circular 01/2022/TT-TANDTC, the regulations are as follows:

Principles for assigning cases

The assignment of cases must ensure the following principles:

  1. Impartiality, objectivity, and randomness.

  2. Fairness, democracy, transparency, rationality, and promptness.

  3. Ensuring the quality and efficiency of adjudication.

The assignment of cases must ensure the following principles:

First, impartiality, objectivity, and randomness.

Second, fairness, democracy, transparency, rationality, and promptness.

Third, ensuring the quality and efficiency of adjudication.

In which cases may a judge not be assigned to adjudicate? What criteria should be considered for the assignment of judges to adjudicate?

*In which cases may a judge not be assigned to adjudicate? What criteria should be considered for the assignment of judges to adjudicate?*

What criteria should be considered for the assignment of judges to adjudicate?

Pursuant to Article 4 of Circular 01/2022/TT-TANDTC, the regulations are as follows:

Criteria for assigning cases for adjudication

The assignment of judges to adjudicate cases must be based on the following criteria:

  1. The number and complexity of cases assigned to judges in one year at each court must be equivalent.

  2. Consistency with the expertise, adjudication experience, and resolution of the type of case. For cases involving minors, judges assigned should be those trained or experienced in handling cases related to minors or have necessary knowledge in psychology and education science related to minors.

  3. Suitability with the position and role of the judge.

  4. Judges in specialized judge groups or specialized courts will be prioritized to handle cases related to their field.

  5. Judges holding leadership or management positions at the People's Court of higher levels, provincial levels, and district levels will be assigned cases according to quotas set by the Supreme People’s Court. Female judges within 3 months before maternity leave and 3 months after returning from maternity leave will be assigned cases with a maximum quota of 50% compared to other judges.

The assignment of judges to adjudicate cases must be based on the following criteria:

- The number and complexity of cases assigned to judges in one year at each court must be equivalent.

- Consistency with the expertise, adjudication experience, and resolution of the type of case. For cases involving minors, judges assigned should be those trained or experienced in handling cases related to minors or have necessary knowledge in psychology and education science related to minors.

- Suitability with the position and role of the judge.

- Judges in specialized judge groups or specialized courts will be prioritized to handle cases related to their field.

- Judges holding leadership or management positions at the People's Court of higher levels, provincial levels, and district levels will be assigned cases according to quotas set by the Supreme People’s Court. Female judges within 3 months before maternity leave and 3 months after returning from maternity leave will be assigned cases with a maximum quota of 50% compared to other judges.

In which cases may a judge not be assigned to adjudicate?

Pursuant to Article 5 of Circular 01/2022/TT-TANDTC, the regulations are as follows:

Cases where judges may not be assigned to adjudicate

At the time of assignment to adjudicate, judges falling into one of the following categories will not be assigned to adjudicate:

  1. Being subject to recusal or replacement as stipulated by procedural law for that case.

  2. Being on secondment, training, or courses with a continuous duration of 01 month or more.

  3. Being on leave, maternity leave, sick leave, or unable to perform duties due to other health reasons.

  4. Being under disciplinary action, awaiting disciplinary action, or subject to a decision to temporarily suspend case assignment by a competent authority.

  5. Other situations where the judge cannot perform the duty of resolving and adjudicating the case.

Judges may not be assigned to adjudicate in the following cases:

- Being subject to recusal or replacement as stipulated by procedural law for that case.

- Being on secondment, training, or courses with a continuous duration of 01 month or more.

- Being on leave, maternity leave, sick leave, or unable to perform duties due to other health reasons.

- Being under disciplinary action, awaiting disciplinary action, or subject to a decision to temporarily suspend case assignment by a competent authority.

- Other situations where the judge cannot perform the duty of resolving and adjudicating the case.

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