Is There a Right to Appeal When Disagreeing with the Appellate Judgment?

Regarding this matter, THU KY LUAT responds as follows:

According to Clause 2, Article 355 of the 2015 Criminal Procedure Code, an appellate judgment takes legal effect from the date it is announced.

Additionally, Clause 2, Article 27 of the 2015 Criminal Procedure Code concerning policies on first-instance and appellate trials stipulates:

“A judgment or decision by the Court that has taken legal effect but is found to have serious legal violations or new facts as prescribed in this Code, shall be reviewed according to cassation or reopening procedures.”

Therefore, an appellate judgment cannot be appealed but may only be reviewed through cassation or reopening procedures if there are grounds under Articles 371 and 398 of the 2015 Criminal Procedure Code.

Illustrative image (source: internet)

Because cassation and reopening procedures are not trial levels but merely procedures to review judgments and decisions that have already taken legal effect due to the discovery of errors, legal violations in the resolution of the case, or the discovery of important new facts of the case, to ensure the stability of the judgment, only authorized individuals have the right to protest to request the Court to review the judgment or decision under cassation or reopening procedures.

The 2015 Criminal Procedure Code provides that the following individuals have the right to file a cassation or reopening protest against an appellate criminal judgment:

Article 373. Individuals with the right to file a cassation protest

1. The Chief Justice of the Supreme People's Court and the Prosecutor General of the Supreme People's Procuracy have the right to file a cassation protest against legally effective judgments and decisions of the High People's Courts; legally effective judgments and decisions of other Courts when deemed necessary, except for decisions by the Council of Justices of the Supreme People's Court.

2. The Chief Justice of the Central Military Court and the Prosecutor General of the Central Military Procuracy have the right to file a cassation protest against legally effective judgments and decisions of military courts at the zone level, regional military courts.

3. The Chief Justice of the High People's Court and the Prosecutor General of the High People's Procuracy have the right to file a cassation protest against legally effective judgments and decisions of the provincial People's Courts, district People's Courts within the territorial jurisdiction.

Article 400. Individuals with the right to file a reopening protest

1. The Prosecutor General of the Supreme People's Procuracy has the right to file a reopening protest against legally effective judgments and decisions of courts at all levels, except for decisions by the Council of Justices of the Supreme People's Court.

2. The Prosecutor General of the Central Military Procuracy has the right to file a reopening protest against legally effective judgments and decisions of military courts at the zone level, regional military courts.

3. The Prosecutor General of the High People's Procuracy has the right to file a reopening protest against legally effective judgments and decisions of the provincial People's Courts, district People's Courts within the territorial jurisdiction.

Therefore, in this case, you do not have the right to appeal the appellate judgment but only the right to submit a petition to request cassation or reopening procedures to the authorized individuals as stipulated above for them to consider and decide whether to file a protest.

Thanh Lam

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