Guidance on determining the responsibility of the Procuracy when Court's judgments or decisions are annulled or amended in Vietnam

Guidance on determining the responsibility of the Procuracy when Court's judgments or decisions are annulled or amended in Vietnam (Image from the internet)

On June 27, 2024, the Supreme People’s Procuracy of Vietnam issued Guidance 15/HD-VKSTC to determine the responsibility of the Procuracy when court judgments or decisions are annulled or amended and the objections of the Procuracy are not accepted by the court in the supervision of administrative cases and civil matters in Vietnam.

Guidance on determining the responsibility of the Procuracy when Court's judgments or decisions are annulled or amended in Vietnam

Determining the responsibility of the Procuracy should not only be based on the court’s rulings but must also combine the assessment of the substantiated viewpoints in the resolution of cases by the Procuracy and the decision to file objections.

The determination of the Procuracy’s responsibility must be accurate, comprehensive, objective, lawful, consistent with practical work, serious, fair, and ensuring humanity; primarily to learn lessons from experience, unify understanding, enhance the capacity and responsibility of leaders, prosecutors, and officials to meet the work requirements and targets set by the National Assembly and the sector.

Guidance 15/HD-VKSTC of 2024 provides guidance on determining the responsibility of the Procuracy when court judgments or decisions are annulled or amended as follows:

(1) Determining the responsibility of the Procuracy when the first-instance court judgments or decisions are annulled or amended by the appellate court

- The Procuracy supervising the resolution of cases under first-instance procedures is deemed responsible if the following criteria are met:

+ The prosecutor participated in the trial or hearing and expressed opinions as decided in the first-instance court judgment or decision;

+ There was no appellate objection, no report proposing the superior Procuracy file an appellate objection, or there was an appellate objection but it was withdrawn before the appellate trial or hearing.

- The Procuracy supervising the resolution of cases under appellate procedures is deemed responsible if one of the following cases applies:

+ Did not detect the violation and expressed opinions at the appellate trial or hearing to uphold the first-instance court judgment or decision.

+ The lower-level Procuracy reported and proposed an appellate objection, but no objection was filed and opinions at the appellate trial or hearing upheld the first-instance court judgment or decision.

+ Withdrew the appellate objection of the lower-level or the same-level Procuracy and at the appellate trial or hearing expressed opinions to uphold the first-instance court judgment or decision.

(2) Determining the responsibility of the Procuracy when the enforceable first-instance court judgment or decision or the appellate judgment or decision is annulled or amended by the supervisory court

- The Procuracy supervising the resolution of cases under first-instance procedures is deemed responsible if at the first-instance trial or hearing expressed opinions as decided in the enforceable first-instance court judgment or decision.

- The Procuracy supervising the resolution of cases under appellate procedures is deemed responsible if at the appellate trial or hearing expressed opinions as decided in the appellate court judgment or decision.

(3) Determining the responsibility of the Procuracy when both the first-instance and appellate court judgments or decisions are annulled for retrial under first-instance procedures

The Procuracy supervising the resolution of cases under first-instance and appellate procedures is deemed jointly responsible if at the first-instance trial or hearing and the appellate trial or hearing expressed opinions as decided in the first-instance and appellate court judgments or decisions.

(4) Determining the responsibility of the Procuracy when the supervisory and retrial court decisions are annulled or amended

The Procuracy supervising the resolution of cases under supervisory and retrial procedures is deemed responsible if one of the following cases applies:

- The supervisory or retrial decision is annulled or amended, and this decision accepted all objections of the Procurator General of the same level; approved by the superior Procurators’ Office for annulment or amendment.

- The supervisory or retrial decision is annulled or amended, and this decision accepted all objections of the Chief Justice of the court at the trial, and the prosecutor expressed opinions agreeing with all objections of the Chief Justice of the same level; approved by the superior Procurators’ Office for annulment or amendment.

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

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