Who are included in the trial panel of a first-instance Court in Vietnam?

Who are included in the trial panel of a first-instance Court in Vietnam?

I would like to ask: In a common criminal case at the first instance, there will be 03 people, 1 judge as the presiding judge and two people's assessors. However, I still see a first instance trial with 5 people, 2 judges and 3 assessors. Why is there such a difference?

Answer:

Pursuant to Clause 1 Article 254 of the Criminal Procedure Code in 2015 stipulating a trial panel of a first-instance Court as follows:

A trial panel of a first-instance Court is composed of one judge and two lay assessors. A trial panel of a first instance Court adjudicating a serious and complex case shall comprise two judges and three lay assessors.

Two judges and three lay assessors shall constitute a trial panel of a first-instance Court adjudicating defendants whose crimes are punishable by life imprisonment or death as per the Criminal Code.

As regulations above, two judges and three lay assessors shall constitute a trial panel of a first-instance Court adjudicating defendants whose crimes are punishable by life imprisonment or death as per the Criminal Code such as: murder, rape, etc.

Who are included in the trial panel of a first-instance Court in Vietnam? - Source: Internet

Does the composition of the trial panel for the first-instance Court have to include a lay assessor who is a teacher in Vietnam?

Regarding the case of which offender is under 18 years old, does the composition of the trial panel for the first-instance Court have to include a lay assessor who is a teacher in Vietnam?

Answer:

Pursuant to Article 423 of the Criminal Procedure Code in 2015 stipulating adjudication as follows:

The trial panel of the first-instance court must consist of a lay assessor who has been a teacher or Youth Union’s official or possessed experience and psychological knowledge regarding persons less than 18 years of age.

Therefore, the composition of the trial panel for the first instance case does not have to include a lay assessor who is a teacher, but the lay assessor can be a member of the Youth Union or a person with experience and understanding of the psychology of minors under the regulations.

Can the Decision on First Instance Criminal Case in Vietnam be appealed?

Can the Decision on First Instance Criminal Case in Vietnam be appealed? Thank you!

Answer:

Pursuant to Clause 1 Article 27 of the Criminal Procedure Code in 2015 stipulating as follows:

Affirmation of first-instance and appellate procedure

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.

As regulations above, the Decision on First Instance Criminal Case in Vietnam can be appealed.

Best regards!