What criminal cases do military Courts hear in Vietnam? Which criminal cases do military Court of a military zone hear at first instance in Vietnam?
What criminal cases do military Courts hear in Vietnam? Which criminal cases do military Court of a military zone hear at first instance in Vietnam? Which criminal cases do local military Courts hear at first instance in Vietnam?
What criminal cases do military Courts hear in Vietnam?
What criminal cases do military courts hear? Hello. I am Phan Quan, currently living and working in Lam Dong in the medical field. Recently, I have learned about the investigation and trial of criminal cases. However, there are a few things I don't quite understand. Please help me, now, what are regulations on jurisdiction of a military Court in criminal cases? Where can I find more information about this? Looking forward to receiving support from you. Sincerely thank! Phan Van Quan (quan***@gmail.com)
Reply:
For your question, it is necessary to determine that this is a matter of jurisdiction by subject, which is the division of jurisdiction between the People's Court and the Military Court based on the subject of the crime.
The military Court's jurisdiction to adjudicate criminal cases is specified in Article 272 of the Criminal Procedure Code 2015 (effective from January 1, 2018). As follow:
1. A military Court has jurisdiction over:
a) A criminal case against a defendant who is a serviceman on active duty, state employee, worker, national defense official or reserve soldier undergoing focus training or combat availability tests; militia undergoing focus training or subordinated to the People’s Army in combat, citizens mobilized, convoked or contracted to serve the People’s Army;
b) A criminal case against a defendant who is not stated in Point a, Section 1 of this Article and is involved in military secrets or causes damage to the life, health, honor and dignity of servicemen on active duty, state employees, workers, national defense officials, reserve soldiers undergoing focus training or combat availability tests or causes damage to the property, honor and reputation of the People’s Army or commits crimes in a military barrack or military area under the management and protection of the People’s Army.
2. A military Court has jurisdiction over all crimes occurring in areas under martial law.
Thus, it can be seen that the People's Court has broader jurisdiction, adjudicating most criminals, except those under the jurisdiction of the Military Court as stipulated in the Ordinance on Organization of the military Court 2002 as well as the above provisions in Vietnam. At the same time, even within the jurisdiction of military courts, there is a distinction between jurisdiction by subject. Military ranks and positions are the basis for determining the adjudication competence of military courts at all levels.
The above is the content of advice on the jurisdiction of the military court to adjudicate criminal cases. For a more detailed understanding of this issue, please refer to the Criminal Procedure Code 2015 in Vietnam.
Which criminal cases do military Court of a military zone hear at first instance in Vietnam?
What are regulations on jurisdiction of military Court of a military zone to hear first-instance criminal cases? Hello. I am Phan Quan, currently living and working in Lam Dong in the medical field. Recently, I have learned about the investigation and trial of criminal cases. However, there are a few things I don't quite understand. As far as I know, the current court system of our country, in addition to the People's Court, also has a Military Court. Please ask, currently, what are regulations on jurisdiction of military Court of a military zone to hear first-instance criminal cases? Where can I find more information about this? Looking forward to receiving support from you. Sincerely thank!
Nguyen Ngoc Tram (0904****)
Reply:
The jurisdiction to hear first-instance criminal cases of military courts of military zones is specified in Clause 2, Article 268 of the Criminal Procedure Code 2015 (effective from January 1, 2018).
2. A provincial People’s Court or military Court of a military zone hears following cases at first instance:
a) Criminal cases beyond the jurisdiction of a district People’s Court or local military Court;
b) Criminal cases related to defendants, crime victims or litigants who live abroad or in connection with property involved in other lawsuits occurring on foreign territories;
c) A criminal lawsuit, though within the jurisdiction of a district People’s Court or local military Court, comprise complex facts making it hard to assess or reach unanimity upon the properties of the case or is involved in various sectors and levels of authority or is brought against a defendant who is a judge, procurator, investigator, primary governmental leaders in district, township, provincial city or city of a centrally-affiliated city, religious dignitary or individual having high prestige in a community of minority.
Thus, the military Court of a military zone has authority to hear criminal cases for particularly serious crimes, that is, cases about crimes for which the Penal Code prescribes the highest level of the penalty of more than 15 years in prison; cases that are not within the jurisdiction of the local military courts specified at Points a, b, c, d, Clause 1, Article 268 of the 2015 Criminal Procedure Code; cases falling under the jurisdiction of the local military courts but the military Court of a military zone considers it necessary to take them up for trial due to the special nature of the case.
However, the Criminal Procedure Code 2015 has not yet specified which criminal cases, although under the jurisdiction of the local military court, the military Court of a military zone still decided to take it up for judge. Therefore, bringing the case to trial at a higher level is based on the ability of the people conducting the proceedings at the lower level to solve the case.
The above is the content of advice on the jurisdiction of the first-instance trial of criminal cases of the military Court of a military zone. For a more detailed understanding of this issue, please refer to the Criminal Procedure Code 2015 in Vietnam.
Which criminal cases do local military Courts hear at first instance in Vietnam?
What are regulations on jurisdiction of local military Courts to hear first-instance criminal cases? Hello. I am currently living and working in Nha Trang in the field of fishing. Recently, I have been interested in investigating and adjudicating criminal cases. However, there are a few things I don't quite understand. Please ask, currently, what are regulations on jurisdiction of local military Courts to hear first-instance criminal cases? Where can I find more information about this? Looking forward to receiving support from you. Sincerely thank!
Nguyen Dinh Nghia (nghia***@gmail.com)
Reply:
The jurisdiction of local military Courts to hear first-instance criminal cases is prescribed in Clause 1, Article 268 of the Criminal Procedure Code 2015 (effective from January 1, 2018):
1. A district People’s Court or local military Court hears criminal cases of misdemeanors, felonies and horrific felonies at first instance, except for the following crimes:
a) Breach of national security;
b) Sabotage of peace, crimes against humanity and war crimes;
c) Crimes as defined in Article 123, 125, 126, 227, 277, 278, 279, 280, 282, 283, 284, 286, 287, 288, 337, 368, 369, 370, 371, 399 and 400 of the Criminal Code;
d) Crimes committed outside the territories of the Socialist Republic of Vietnam.
Based on the above provisions in Vietnam, we can see that the current law gives the local military court the authority to hear first-instance criminal cases with a fairly wide scope, except for the crimes of specific nature listed in the above cases.
The above is the content of advice on the jurisdiction to hear first-instance criminal cases of the local military courts. For a more detailed understanding of this issue, please refer to the Criminal Procedure Code 2015 in Vietnam.
Best Regards!
