What are regulations on assurance of oral arguments in adjudication process in Vietnam?

What are regulations on assurance of oral arguments in adjudication process in Vietnam?

I am a law student. Recently, I've in a criminal court to have a practical result for improving report. However, I have a question: What are regulations on assurance of oral arguments in adjudication process in Vietnam? Which document regulates this issue? Thank you!

Answer:

Pursuant to Article 26 of the Criminal Procedure Code in 2015 stipulating assurance of oral arguments in adjudication process in Vietnam as follows:

During the charges, investigation, prosecution, adjudication, investigators, prosecutors, persons authorized to institute proceedings, defendants, defense counsels and other persons participating in proceedings are equally entitled to present and evaluate evidences and make requests for clarification of objective truths of the lawsuit.

Documents and evidences from the case file, brought to The procuracy to the Court for trial, must be sufficient and legitimate. All relevant persons, as defined by this Law, must attend a criminal Court. Absence must be because of force majeure or objective obstacles or other situations according to this Law. The Court is responsible for supporting prosecutors, defendants, defense counsels and other participants in legal proceedings to exercise all of their rights and duties and provoke oral arguments in democratic and equal manners before the Court.

All evidences of guilt and innocence, aggravation and mitigation of criminal liabilities, citation of Points, Sections or Articles in the Criminal Code for determination of defendants’ crimes, sentences, compensations, and handling of proofs and other facts essential to the lawsuit must done, argued and specified in court.

The Court’s judgments and rulings must be subject to the inspection and assessment of evidences and oral arguments in court.

What are regulations on affirmation of first-instance and appellate procedure in criminal cases in Vietnam?

What are regulations on affirmation of first-instance and appellate procedure in criminal cases in Vietnam? Which document regulates this issue? Thank you!

Answer:

Pursuant to Article 27 of the Criminal Procedure Code in 2015 stipulating affirmation of first-instance and appellate procedure in criminal cases in Vietnam as follows:

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.

2. A Court’s effective judgments or rulings, if such is found to make a serious error of law or new facts emerge as per this Law, shall be reviewed through the procedures of cassation or reopening, respectively.

How to handle confiscated assets of offenders in Vietnam?

I found that in criminal cases, especially in drug, economic and gambling cases, the amount of money generated by crime is very large. I have a question. How to handle confiscated assets of offenders in Vietnam? Can their relatives keep those assets? Thank you!

Answer:

Pursuant to Clause 2 Article 106 of the Criminal Procedure Code in 2015 stipulating as follows:

Article 106. Handling of exhibits

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2. Exhibits are handled as follows:

a) Exhibits including tools or means of crime, objects prohibited from storage and trading shall be seized, confiscated into the state budget or disposed;

b) Exhibits including money or property gained through criminal acts shall be seized and confiscated into the state budget.

c) Exhibits that are not valuable and usable shall be seized and disposed.

As regulations above, exhibits including money or property gained through criminal acts shall be seized and confiscated into the state budget.

Please refer to the Criminal Procedure Code in 2015 for further information.

Best regards!