Is it possible to apply for a reduction of penalty in the Court when the appeal is only for a reduction in compensation level in Vietnam?

Is it possible to apply for a reduction of penalty in the Court when the appeal is only for a reduction in compensation level in Vietnam?

Pursuant to Clause 1, Article 342 of the 2015 Criminal Procedure Code, which provides for amendment or withdrawal of appeals as follows:

1. The appellant or Procuracy deciding to appeal shall be entitled to amend the appeal but not to aggravate the defendants' circumstances, in the appellate court or prior to the start of the trial. The right to withdraw parts or all of the appeal shall be granted to the appellant, the Procuracy deciding to appeal or the immediate superior Procuracy in the appellate court or prior to the start of the trial.

At the same time, based on Article 345 of the 2015 Criminal Procedure Code on scope of appellate jurisdiction as follows:

An appellate court shall review the content of sentences and rulings being appealed. It can review other parts of such sentences and rulings, which are not appealed, if necessary.

According to the above provisions in Vietnam, your child has the right to change or supplement the appeal during the appellate trial. The appellate trial panel has the right to consider and decide on an additional appeal to reduce the punishment but must carefully consider it to ensure the right person is guilty.

What is implementation of appellate procedure in Vietnam?

Pursuant to Article 332 of the 2015 Criminal Procedure Code, appellate procedures are as follows:

1. The appellant lodges an appeal to the court that conducted the first instance trial or a court of second instance.

If the defendant is held in detention, the warden of the detention center or head of the detention facility must enable the defendant's execution of his right to appeal. The warden or head shall obtain and forward the written appeal to the first-instance court that issued the judgments or rulings appealed.

The appellant can directly present his appeal to the court that conducted the first-instance trial or the appellate court. The court must make a written record of the appeal as per Article 133 of this Law.

The appellate court, that has made the written record of the appeal or received the written appeal, shall send such record or written appeal to the first instance court for further activities according to general regulations.

2. A written appeal shall contain these primary details:

a) The date of the written appeal;

b) The full name and address of the appellant;

c) The reasons and petitions of the appellant;

d) The signature or fingerprint of the appellant.

3. The written or direct appeal shall be enclosed with additional evidences, documents and items, if available, that evince the grounds of such appeal.

Best Regards!