If a criminal trial is halted, is it mandatory to restart the trial from the beginning in Vietnam?

If a criminal trial is halted, is it mandatory to restart the trial from the beginning in Vietnam?

Pursuant to Clause 1, Article 297 of the 2015 Criminal Procedure Code, temporary halt to trial is as follows:

1. The court shall halt 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 halted, it shall restart.

Thus, according to the above provisions in Vietnam, in case the criminal trial is halted, when the next trial is conducted, the case must restart from the beginning.

Do the court send decision to halt a trial to persons with related rights and obligations in the case in Vietnam?

Clause 4 of Article 297 of the 2015 Criminal Procedure Code provides for sending the decision to halt the court hearing as follows:

4. The presiding judge shall represent the Trial panel to sign the written decision to halt the trial. If the presiding judge is absent or replaced, the Court president shall decide to halt the trial.

A decision to halt a trial, in 02 days upon the issuance of the decision, must be announced to the participants in legal proceedings in court, be sent to the equivalent Procuracy and to individuals absent from the court.

According to the above provisions in Vietnam, if the decision to halt the trial is to be made, it only needs to be sent to equivalent Procuracy and to individuals absent from the court within 2 days upon the issuance of the decision, must be announced to the participants in legal proceedings in court. As in your case, it will only be notified immediately in court.

Best Regards!