Is it possible for cassation through the appeal of first-instance Court's judgments being appealed in Vietnam?

Is it possible for cassation through the appeal of first-instance Court's judgments being appealed in Vietnam?

I want to ask about my uncle's case. The Court recently declared the first instance of the criminal case and has now filed an appeal. I want to judge this case immediately. I don't want to go to appeal. For many reasons, it's inconvenient for me. speak. So, is it possible?

Reply:

Pursuant to Clause 1, Article 27 of the 2015 Criminal Procedure Code stipulates:

1. Trial by first-instance and appellate Courts is affirmed.

A first-instance Court’s judgments or rulings may be appealed according to this Law. A first-instance Court's judgments or rulings, if not appealed by the deadline as defined in this Law, shall come into effect.

A first-instance Court's judgments, if appealed, shall be reheard by an appellate Court. The appellate Court’s judgments or rulings shall come into force.

Thus, in case of a valid first-instance appeal, it is mandatory to have an appeal trial and cannot skip this stage to go to cassation in Vietnam.

Is it possible for cassation through the appeal of first-instance Court's judgments being appealed in Vietnam? (Image from the Internet)

In a criminal case regarding persons less than 18 years of age, can a teacher be a member of the trial panel of the first-instance court in Vietnam?

Question: During the first instance trial of a criminal case involving a person under 18 years old, can a teacher be a member of the trial panel of the first-instance court?

Reply:

Clause 1, Article 423 of the 2015 Criminal Procedure Code regulates the trial of criminal cases involving people under 18 years of age as follows:

1. The trial panel of the first-instance court must consist of a lay assessor who has been a teacher or Youth Union’s official or possessed experience and psychological knowledge regarding persons less than 18 years of age.

Thus, teachers can be members of the trial panel of the first-instance court in criminal cases involving people under 18 years old as people's jurors in Vietnam.

Is it necessary to execute a sentence while appealing the first instance criminal judgment in Vietnam?

According to current law, is it necessary to execute a sentence while appealing the first instance criminal judgment in Vietnam? Look forward to receiving your feedback.

Reply:

In Article 343 of the 2015 Criminal Procedure Code, it is stipulated:

Effect of a first-instance court’s judgments and rulings not being appealed

A first-instance court's judgments, rulings and parts of such not being appealed shall come into force upon the expiration of the time limit for appeals and protests.

Thus, according to the above regulations in Vietnam, the criminal first instance judgment does not take effect immediately upon pronouncement, but must expire without appealing or protesting the first instance judgment to take effect.

And in Article 333 of the 2015 Criminal Procedure Code, there are regulations on time limit for appeal as follows:

1. The time limit for appeal against a first-instance court’s judgments is 15 days upon the pronouncement of such judgments. If the defendant or litigant is absent from the court, the time limit for appeal commences upon his receipt or the proclamation of the judgments according to the laws.

2. The time limit for appealing against a first instance decision is 07 days from the date the person with the right to appeal receives the decision.

And in Article 364 of the 2015 Criminal Procedure Code, specifically as follows:

2. The time limit for the issuance of an order for sentence enforcement shall be 07 days upon the effect of the first-instance court's sentences and rulings or upon the receipt of sentences and rulings from the appellate court or decisions generated through cassation or reopening procedures.

Thus, according to the above regulations in Vietnam, first instance criminal judgments can only be enforced within 07 days of the judgment taking legal effect. According to the above regulations, the judgment being appealed is not yet in effect, so it does not have to be executed.

Best regards!