07/10/2022 09:53

Vietnam: To halt the trial of Van An's case - In which case will the Court halt the Criminal trial?

Vietnam: To halt the trial of Van An's case - In which case will the Court halt the Criminal trial?

This morning, the Family and Juvenile Court (Ho Chi Minh City People's Court) decided to halt the trial and return the case file to the Procuracy to clarify the evidence related to the behavior of Nguyen Kim Trung Thai and Nguyen Vo Quynh Trang

Specifically, for the request for assessment of Van An's injury rate on December 7, 10, 11 and 12, 2021 by lawyer Tran Thi Ngoc Nu, the jury determined that this was mandatory under the Civil Procedure Code. Criminal, but the trial could not be carried out immediately... so the trial had to be halted for additional investigation.

- There are justifications as defined in Article 52, 53, 288, 289, 290, 291, 292, 293, 294 and 295 of this Law;

+ Replacement of Procurators and Checkers

+ Replacement of Judge and lay assessors

+ Judges or jurors who are unable to participate in the trial but have no alternative Judges or jurors must to replace, or the presiding judge of the trial must be changed in the absence of a judge, as prescribed;

+ The procurator has been replaced or cannot continue to prosecute or supervise trials in the absence of an alternate procurator;

+ The defendant is absent due to force majeure or objective obstacles;

+ The defense counsel is absent due to force majeure or objective obstacles, or the appointed defense counsel is absent, unless the defendant agrees to trial in the defense's absence;

+ If the victim, involved parties or their representatives are absent, the trial panel, depending on the case, shall decide to halt the court session or still conduct the trial;

+ The trial panel will decide whether to halt or continue the trial based on the facts of the case.

+ If the expert or property appraiser is not present, the trial panel must decide whether to halt the court session or continue with the trial.

+ Interpreters and translators are absent without another person to replace them.

- Evidences, documents or items must be verified or supplemented outside the court;

- Expert examinations must be furthered or repeated;

- Valuation processes must be furthered or repeated.

If the trial is halted, it shall restart.

The duration of a temporary halt to a trial at first instance shall not exceed 30 days upon the issuance of a decision to halt the trial.


Nguyen Sang

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