Do adjournments of criminal trials in Vietnam require the case to be retried from the beginning?

Do adjournments of criminal trials in Vietnam require the case to be retried from the beginning?

Pursuant to Clause 1.d Article 297 of the Criminal Procedure Code in 2015 stipulating adjournment of trial as follows:

1. The court shall adjourn the trial in one of the following events:

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

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

c) Expert examinations must be furthered or repeated;

d) Valuation processes must be furthered or repeated.

If the trial is adjourned, it shall restart.

2. The duration of a adjournment to a trial at first instance shall not exceed 30 days upon the issuance of a decision to adjourn the trial.

Therefore, although your husband's case has reached the debate stage and the lawyer on your husband's side has some beneficial evidence, the trial shall restart because of the Court's adjournment of the trial.

Do adjournments of criminal trials in Vietnam require the case to be retried from the beginning? - Source: Internet

What are the main contents of a decision to adjourn a trial in Vietnam?

Pursuant to Clause 3 Article 297 of the Criminal Procedure Code in 2015 stipulating adjournment of trial as follows:

3. A written decision to adjourn a trial shall specify these primary details:

a) The issue date of the decision;

b) The name of the Court and full name of the Judge(s), lay assessors and Court clerk;

c) The full name of Procurator(s) exercising prosecution rights and administering the trial in court;

d) The case being adjudicated;

dd) The reasons for adjournment;

e) The time and location for the resumption of the trial

Above are the main contents of a decision to adjourn a trial in Vietnam.

When is a temporary halt of a trial in Vietnam carried out?

Pursuant to Article 251 of the Criminal Procedure Code in 2015 stipulating temporary halt to trial as follows:

Temporary halt to trial

1. The trial may be halted in one of the following events:

a) Evidences, document and items must be verified, gathered or supplemented; however, such tasks are not viable in court and shall be fulfilled in 05 days' time upon the temporary halt to the trial;

b) Authorized procedural persons and participants in legal proceedings, due to health conditions, force majeure or objective obstacles, cannot continue their attendance in court; however, they can reappear in court in 05 days' time upon the temporary halt to the trial;

c) The court clerk is absent from the Courtroom.

2. The temporary halt to the trial shall be inputted into the written record of the Court and announced to participants in legal proceedings. The duration of a temporary halt to a trial shall not exceed 05 days upon the issuance of the decision to halt the trial. Upon the expiration of the halt, the trial resumes. If the trial cannot resume, it shall be adjourned.

Therefore, in cases where a person with the authority to conduct the proceedings or a participant in the proceedings is unable to continue participating in the trial due to health status, force majeure, or objective obstacles, but they can participate in the trial again within 05 days from the date of the suspension of the trial, or the absence of the Clerk of the Court at the trial, the trial will be temporarily suspended.

Best regards!