Does the Supreme People's Court have a Deputy Chief Justice?
Does the Supreme People's Court have Deputy Chief Justices?
According to the legal provisions on the organization of the court, is it required to have Deputy Chief Justices for the Supreme People's Court?
Response:
Based on Clause 2, Article 21 of the Law on Organization of the People's Court 2014, it is stipulated as follows:
- The organizational structure of the Supreme People's Court includes:
a) The Council of Judges of the Supreme People's Court;
b) Support apparatus;
c) Training and fostering facilities.
- The Supreme People's Court shall have a Chief Justice, Deputy Chief Justices, Judges of the Supreme People's Court, Examiners, Court Clerks, other officials, public employees, and workers.
Thus, as stipulated above, the appointment of Deputy Chief Justices is necessary and mandatory to ensure the execution of functions and activities within the scope of the Chief Justice's assignments and other legal provisions.
Does the Council of Judges of the Supreme People's Court need all Judges to be present when reviewing cassation?
Is it required for all Judges of the Supreme People's Court to be present when the Council of Judges of the Supreme People's Court is reviewing cassation?
Response:
Based on Clause 1, Article 23 of the Law on Organization of the People's Court 2014, it is stipulated as follows:
The Council of Judges of the Supreme People's Court shall review cassation and re-appeal cases through a trial panel consisting of 05 Judges or all Judges of the Supreme People's Court.
The cassation and re-appeal trial by the panel consisting of 05 Judges or all Judges of the Supreme People's Court shall be conducted in accordance with procedural law provisions.
Thus, it is not a mandatory requirement that all Judges be present when the Council of Judges of the Supreme People's Court reviews cassation. Instead, the panel may consist of 05 Judges or all Judges depending on procedural law provisions. Depending on each case, the Council may consist of 5 Judges or all Judges.
Can a Judge of a High People's Court be appointed directly as Deputy Chief Justice of the Supreme People's Court?
According to current regulations, can a Judge of a High People's Court be directly appointed as Deputy Chief Justice of the Supreme People's Court?
Response:
Based on Clause 1, Article 28 of the Law on Organization of the People's Court 2014, it is stipulated as follows:
The Deputy Chief Justice of the Supreme People's Court shall be appointed by the President from among the Judges of the Supreme People's Court. The term of office of the Deputy Chief Justice of the Supreme People's Court is 05 years from the date of appointment.
The Deputy Chief Justice of the Supreme People's Court may be dismissed, removed from office by the President.
Thus, the principle is that the President appoints the Deputy Chief Justice of the Supreme People's Court from among the Judges of the Supreme People's Court. Therefore, Judges of a High People's Court will not be appointed directly as Deputy Chief Justice of the Supreme People's Court.
Respectfully!
