What is a military Court in Vietnam?
What is a military court?
Military courts are courts belonging to the People's Court system of the Socialist Republic of Vietnam, organized and responsible for criminal trials in the Vietnam People's Army. The system of military courts has three levels: Central Military Court; Military Courts of military zones and equivalent; Regional military court. Military Courts have jurisdiction to try criminal cases in which the defendants are:
1. Active military personnel, workers, defense personnel, reserve soldiers during training or checking combat readiness, militia and self-defense forces coordinate to fight with the army and other people for military duties directly managed by military units
2. People who do not belong to the subjects specified in Point 1 above, but commit crimes related to military secrets or causing damage to the military
Judicial activities of Military Courts are under the judicial supervision of the Supreme People's Court of the Socialist Republic of Vietnam.
What is a military Court in Vietnam? What is jurisdiction of a military Court in Vietnam? (Image from the Internet)
What is jurisdiction of a military Court in Vietnam?
According to the law on criminal proceedings, what kind of cases does the Military Court have the authority to try?
Pursuant to Article 272 of the 2015 Criminal Procedure Code, the Military Court's jurisdiction to hear cases is prescribed as follows:
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.
Jurisdiction of a provincial People’s Court or military Court of a military zone in Vietnam
What are regulations on jurisdiction of a provincial People’s Court or military Court of a military zone in Vietnam? Hello Editorial Board, I am Trung Hau. Currently I am learning about legal regulations related to the field of criminal proceedings. I know that the Government recently issued new regulations on this issue. I have questions. Let me ask, according to the new regulations, how is the jurisdiction of first instance criminal cases of the Provincial People's Court and the Military Court of the military zone specifically regulated? In which legal documents can I find information? Looking forward to receiving feedback from you. Sincerely thank!
According to the provisions of Clause 2, Article 268 of the 2015 Criminal Procedure Code, the first-instance jurisdiction of criminal cases of the provincial People’s Court or military Court of a military zone is specifically regulated as follows:
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.
Above is the advice on the first instance jurisdiction of criminal cases of the provincial People’s Court or military Court of a military zone in Vietnam. For more detailed information, you should refer to the Criminal Procedure Code 2015.