Which participants are expected to be included in the online trial for criminal, civil and administrative cases?
The online trial is the content being developed in the Draft Circular on the Regulation on organizing the online trial of Vietnam issued by the Chief Justice of the Supreme People's Court. The following are tentative 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. Component bridge: 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.
Which participants are expected to be included in the online trial for criminal, civil and administrative cases?
Who is expected to participate in the online trial at the central hub?
According to the provisions of Article 12 of the Draft Circular on the Regulation on organization of the online trial of Vietnam (Draft 2), the expected participants in the online trial at the central hub include:
"Article 12. Participants
1. At the central hub, the participants include the Trial Panel, the Court Clerk, the Procurator exercising the right to prosecute and supervise the trial of the case/Procurator in charge of the adjudication and resolution of the case. decide the case, involved parties, victims, defenders of legitimate rights and interests of victims, litigants, defense counsels and other procedure participants (if any).
In case the trial is held publicly, the court is responsible for preparing necessary conditions for individuals, agencies and organizations to attend the trial in accordance with law."
Who is expected to participate in the online trial at the hub?
According to the provisions of Article 12 of the Draft Circular on the Regulation on organization of the online trial of Vietnam (Draft 2), the expected participants in the online trial at the hub include:
"Article 12. Participants
...
2. At the participating node
a) For criminal cases, the interrogation point is located at a detention facility with participants including the accused; defense counsel; officers and soldiers of detention facilities and procurators (if any). In case the defendant is under 18 years old, a legal representative shall be arranged to attend at this hub, unless they request to participate at the central hub.
If the appellate court cannot arrange a participating node at the detention facility, it may be located at the headquarters of the district-level People's Court or the provincial-level People's Court where the detention facility is located. Participants include defendants, victims, litigants; other participants in the proceedings; civil servants of the People's Court of the district or the People's Court of the province where the detention facility is located shall assist in organizing the trial; Procurator (if any); officers and soldiers of detention facilities; police legal aid (if necessary).
b) For civil and administrative cases, the participating nodes are located at a place chosen by the involved party accepted by the Court. Participating members include the litigant, the defense counsel of the involved party's legitimate rights and interests (b) if).
3. For cases involving defense counsels, defenders of legitimate rights and interests of victims and involved parties, they shall participate in the trial at one of the hubs arranged by the Court.
In case the defense counsels of the legitimate rights and interests of the victims or involved parties cannot attend the trial at one of the hubs arranged or accepted by the Court, they must make a written request to the Court for permission to attend the trial at the hub arranged by themselves. The composition of the defense counsels of the involved parties' legitimate rights and interests must comply with the provisions of Clause 2, Article 7, Clause 1, Article 8 of this Circular.
Defense counsels and defense counsels of legitimate rights and interests of involved parties are entitled to discuss with the accused, victims and involved parties when so agreed by the presiding judge of the court session."
* Details of the content of the Draft Circular on the Regulation on the organization of online trials (Draft 2): here.
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