Which Court Has Appellate Jurisdiction Over a Criminal Case Initially Tried by the Binh Thuan Provincial Court?
Translation:
Which court has jurisdiction to adjudicate the appeal of a criminal case that was tried in the first instance by the Binh Thuan Provincial Court? How long is the appeal period for a criminal verdict?My family has a member who is a victim in a criminal case, which was recently tried in the first instance by the Binh Thuan Provincial Court. I disagree with the court's verdict and have decided to appeal. Could you please advise which court will handle the appeal of this case? Thank you.Which court has the jurisdiction to hear an appeal in a criminal case first tried by the Binh Thuan provincial court?
According to Article 344 of the Code of Criminal Procedure 2015, the court with the jurisdiction to hear an appeal is stipulated as follows:
The provincial People's Court has the jurisdiction to hear appeals against judgments, decisions of the district People's Court that are appealed or protested.
The High People's Court has the jurisdiction to hear appeals against judgments, decisions of the provincial People's Court within its territorial jurisdiction that are appealed or protested.
The Military Region Court has the jurisdiction to hear appeals against judgments, decisions of the Regional Military Court that are appealed or protested.
The Central Military Court has the jurisdiction to hear appeals against judgments, decisions of the Military Region Court that are appealed or protested.
According to Clause 3 Article 1 of Resolution 957/NQ-UBTVQH13 of 2015, the scope of jurisdiction of the High People's Court is stipulated as follows:
3. The High People's Court in Ho Chi Minh City
The High People's Court in Ho Chi Minh City has jurisdiction over 23 provinces and centrally run cities, including: Ho Chi Minh City, Can Tho City; the provinces of: Binh Thuan, Ninh Thuan, Dong Nai, Ba Ria - Vung Tau, Binh Duong, Binh Phuoc, Long An, Tay Ninh, Dak Nong, Lam Dong, Hau Giang, Dong Thap, Tien Giang, Ben Tre, Tra Vinh, Vinh Long, Soc Trang, Bac Lieu, Ca Mau, An Giang, and Kien Giang.
The High People's Court in Ho Chi Minh City is headquartered in Ho Chi Minh City.
Thus, according to the current regulations, the High People's Court in Ho Chi Minh City has the jurisdiction to hear an appeal in a criminal case first tried by the Binh Thuan provincial court.
What is the deadline for filing an appeal against a criminal judgment?
According to Clause 1 Article 333 of the Code of Criminal Procedure 2015, the deadline for filing an appeal is stipulated as follows:
Article 333. Deadline for filing an appeal
- The deadline for filing an appeal against a first-instance judgment is 15 days from the date the judgment is pronounced. For the defendant or the concerned party absent at the trial, the deadline for filing an appeal is calculated from the date they receive the judgment or the date the judgment is posted according to the law.
Thus, according to the current regulations, the deadline for filing an appeal against a first-instance judgment is 15 days from the date the judgment is pronounced.
Sincerely!
