What are regulations on the Court of first instance in Vietnam?

What are regulations on the Court of first instance in Vietnam?

What is the Court of First Instance?

Reply:

The Court of First Instance for cases where the judgments announced by the court have not yet taken effect immediately (not yet enforced), except for specialized courts of the Supreme People's Court and the Central military court. According to the current Criminal Procedure Law of the Socialist Republic of Vietnam, the first-instance courts in Vietnam include:

1. District People's Courts and military Court of a military zone 

2. Provincial-level People's Courts and military Courts of military zone when adjudicating cases falling under their respective jurisdictions or cases under district-level jurisdiction but taking them up for trial

3. Specialized courts of the Supreme People's Court when adjudicating particularly serious and complicated cases. First-instance judgments of these courts take effect immediately upon publication

When adjudicating, the trial panel of the first-instance court shall consist of one judge and two people's jurors. In case of serious cases, there are two judges and three people's jurors. For first-instance judgments of first-instance courts, within 15 days from the date of publication, representatives of the Procuracy have the right to protest; defendants, victims, civil plaintiffs, civil defendants, and their lawful representatives have the right to file an appeal to request the Court of Appeal to re-trial the case.

Do procuracies have right to right to appeal against the judgments or rulings of the first instance court in Vietnam?

I have a question and would like someone to answer it. Specifically, let me ask: Does the Procuracy have right to appeal against the judgments or rulings of the first instance court? Is there any legal document on this issue? Hope to get a response soon. Thank you!

Reply:

In Article 331 of the 2015 Criminal Procedure Code, there are provisions on those who have right to appeal, including:

1. Defendants, crime victims and their representatives shall have the right to appeal against the judgments or rulings of the first instance court.

2. Defense counsels shall have the right to appeal protect the benefits of individuals aged below 18 or having mental or physical defects, who they have defended.

3. Civil plaintiffs, civil defendants and their representatives shall have the right to appeal against parts of the judgments or rulings, that are related to compensations for damage.

4. Individuals having benefits and duties from the case and their representatives shall have the right to appeal against parts of the judgments or rulings, which are associated with their duties and benefits.

5. The protectors of legitimate rights and benefits of crime victims or litigants aged less than 18 or having mental or physical defects shall have the right to appeal against parts of the judgments or rulings, which are in connection with the benefits and duties of those under their protection.

6. A person declared not guilty by a Court shall have the right to appeal against the justifications of the first-instance court’s verdict of no guilty.

Thus, from the above cases, it can be seen that the procuracy does not have right to appeal against the judgments or rulings of the first instance court in Vietnam.

Besides, according to the provisions of Article 336 of the 2015 Criminal Procedure Code, an appeal can be lodged by a Procuracy equivalent to the court of first instance or the immediate superior Procuracy to protest a judgment or ruling passed by such court..

What does content of the first-instance judgment of a criminal case comprise in Vietnam?

Hello, I am Nguyen Quang Thanh, I am looking for the provisions of the law on criminal proceedings. I have following questions that I do not understand. I hope to receive feedback from you soon, specifically: First-instance judgment of the case. What are the contents of a criminal case?

Reply:

The first-instance judgment of a criminal case has the contents specified in Clause 1, Article 260 of the 2015 Criminal Procedure Code, specifically as follows:

1. A Court passes judgments in the name of the Socialist Republic of Vietnam.

Judgment provided in written form must bear signatures of all members of the Trial panel.

2. The judgments of a first instance Court must specify:

a) Name of the first-instance Court; case number and initial date of admission; number and date of the judgment, full name of members in the Trial panel, Court clerk and procurators; full name, date of birth, place of birth, residential address, occupation, educational level, ethnicity, criminal records and previous convictions of the defendants; date of temporary detainment or detention of the defendants; full name, age, occupation, place of birth, residential address of representatives of the defendants; full name of defense counsels, witness testifiers, expert witnesses, valuators, interpreters, translators and other individuals summoned by the Court to attend the trial; full name, age, occupation and residential address of the crime victims, litigants and their representatives; number and date of the decision to hear the case; public or secret trial; time and location of the trial;

b) Number and date of charging documents and decisions to prosecute; name of The procuracy prosecuting; defendants’ acts as per the crimes prosecuted by The procuracy; crimes and points, sections, articles quoted from the Criminal Code and punishments, additional penalties, judicial remedies, compensations for damage, which are recommended by The procuracy against the defendants; handling of evidences;

c) Opinions given by defense counsels, crime victims, litigants and other individuals summoned by the Court to attend the trial;

d) The Trial panel’s judgments must analyze evidences establishing guilt or innocence, determine the defendants’ state of being guilty of what crimes or guiltless, points, sections and articles quoted from the Criminal Code and other legislative documents, factors aggravating and mitigating criminal liabilities and solutions. If the defendants are found guiltless, the judgment must detail justifications of their innocence and the restoration of their honor, legitimate rights and benefits as per the laws;

dd) The analysis of reasons that the Trial panel rely on to reject justifications of accusation or acquittal and requests from procurators, defendants, defense counsels, crime victims, litigants and their representatives and protectors of their legitimate rights and benefits;

e) The analysis of the legality of legal proceedings and relevant decisions of investigators, procurators and defense counsels during the investigation, prosecution and adjudication;

g) The Trial panel’s rulings over each issue of the case, Court fee and right to appeal against the judgments. Rulings, if immediately executed, must be specified.

Best Regards!