Criteria for determining the responsibility of the Procuracy when the civil judgment of the Court is annulled in Vietnam

Criteria for determining the responsibility of the Procuracy when the civil judgment of the Court is annulled in Vietnam (Image from the Internet)

On June 27, 2024, the Supreme People's Procuracy issued Guidance 15/HD-VKSTC on determining the responsibility of the Procuracy when the Court's judgment or decision is annulled, amended, and when the Procuracy's protest is not accepted by the Court in supervising the resolution of administrative cases and civil matters in Vietnam.

Criteria for determining the responsibility of the Procuracy when the civil judgment of the Court is annulled in Vietnam

To be specific, the determination of the Procuracy's responsibility when the Court's judgment or decision is annulled or amended during supervision of the resolution of administrative cases and civil matters will be based on the following criteria:

(1) Determining the responsibility of the Procuracy when the first-instance court's judgment or decision is annulled or amended by the appellate court in Vietnam

- The Procuracy is held responsible for supervising the resolution of the case at first instance when the following criteria are met:

+ The prosecutor participated in the trial or meeting and expressed opinions complying with the decision in the first-instance court's judgment or decision;

+ Did not lodge an appellate protest, did not report to suggest a higher-level Procuracy to lodge an appellate protest, or lodged an appellate protest but withdrew the protest before the appellate trial or meeting.

- The Procuracy is held responsible for supervising the resolution of the case at the appellate level under one of the following circumstances:

+ Failed to detect violations and expressed opinions at the appellate trial or meeting to uphold the first-instance court's judgment or decision.

+ The lower-level Procuracy reported to suggest an appellate protest but did not lodge a protest and expressed opinions at the appellate trial or meeting to uphold the first-instance court's judgment or decision.

+ Withdrew the lower-level or own appellate protest and expressed opinions at the appellate trial or meeting to uphold the first-instance court's judgment or decision.

(2) Determining the responsibility of the Procuracy when the first-instance or appellate court's judgment or decision, which has taken legal effect, is annulled or amended by the cassation court in Vietnam

- The Procuracy is held responsible for supervising the resolution of the case at first instance if, at the trial or first-instance meeting, it expressed opinions in line with the judgment or decision of the first-instance court that has taken legal effect.

- The Procuracy is held responsible for supervising the resolution of the case at the appellate level if, at the appellate trial or meeting, it expressed opinions in line with the judgment or decision of the appellate court.

(3) Determining the responsibility of the Procuracy when the first-instance and appellate court's judgments or decisions are annulled by the cassation court for re-adjudication at the first-instance level in Vietnam

The Procuracy is jointly held responsible for supervising the resolution of the case at the first-instance and appellate levels if, at the trials or first-instance, appellate meetings, it expressed opinions in line with the judgments or decisions of the first-instance and appellate courts.

(4) Determining the responsibility of the Procuracy when the cassation or re-opening court's decision is annulled or amended in Vietnam 

The Procuracy is held responsible for supervising the resolution of the case at the cassation or re-opening level under one of the following circumstances:

- The cassation or re-opening decision is annulled or amended, and the decision accepted the entire cassation or re-opening protest of the Chief Procurator of the same level; the annulment or amendment is agreed upon by the higher-level Procuracy.

- The cassation or re-opening decision is annulled or amended, and the decision accepted the entire cassation or re-opening protest of the Chief Judge of the Court at the same level; at the trial, the prosecutor expressed opinions agreeing with the entire cassation or re-opening protest of the Chief Judge of the same level; the annulment or amendment is agreed upon by the higher-level Procuracy.

More details can be found in Guidance 15/HD-VKSTC dated June 27, 2024.

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