Cases of criminal trial suspension in Vietnam

Cases of criminal trial suspension in Vietnam(Source Internet)

1. The cases of criminal trial suspension in Vietnam

-There are grounds specified in Articles 52, 53, 288, 289, 290, 291, 292, 293, 294 and 295 of Vietnam's Criminal Procedure Code 2015 as follows:

+ If a procurator must be changed during the Court's proceedings, the Trial panel shall suspend the trial.

+ If the judge or lay assessors are changed during the Court's proceedings, the Trial panel shall suspend the trial.

+ If the Court clerk is changed or cannot continue attending the court, the trial may progress in the presence of a reserve Court clerk. If a replace clerk is not available, the trial shall be halted as prescribed in Clause 2, Article 188 of Vietnam's Criminal Procedure Code 2015.

+  If procurator(s) must be replaced or cannot continue exercising prosecution rights or administering the trial in the absence of reserve procurator(s), the trial shall be halted.

+ The defendant's absence results from force majeure or objective obstacles, the trial shall be halted.

+ If a defense counsel appointed as per Section 1, Article 76 of Vietnam's Criminal Procedure Code 2015 is absent, the Trial panel shall halt the trial unless the defendant or his representative agrees to engage in the trial in the absence of the defense counsel.

+ If crime victim(s), litigant(s) or their representatives are absent, the Trial panel, as the case may be, shall decide to halt or continue the trial.

+ If a witness testifier for vital issues of the case is absent, the Trial panel shall, as the case may be, decide to halt or continue the trial.

+ If the expert witness or valuator is absent, the Trial panel, as the case may be, shall decide to halt or continue the trial.

+ If the interpreter or translator is absent without a replace, the Trial panel shall decide to halt the trial.

- Evidences, documents or items must be verified or supplemented outside the court;

- Expert examinations must be furthered or repeated;

- Valuation processes must be furthered or repeated.

If the trial is halted, it shall restart.

*The duration of a temporary halt to a trial at first instance shall not exceed 30 days upon the issuance of a decision to halt the trial.

2. A written decision to halt a trial shall specify these primary details

- The issue date of the decision;

- The name of the Court and full name of the Judge(s), lay assessors and Court clerk;

- The full name of Procurator(s) exercising prosecution rights and administering the trial in court;

- The case being adjudicated;

- The reasons of the temporary halt to the trial;

- The time and location for the resumption of the trial

3. Signing authority to halt a trial 

The presiding judge shall represent the Trial panel to sign the written decision to halt the trial. If the presiding judge is absent or replaced, the Court president shall decide to halt the trial.

A decision to halt a trial, in 02 days upon the issuance of the decision, must be announced to the participants in legal proceedings in court, be sent to the equivalent Procuracy and to individuals absent from the court.

Legal basis: Article 297, Criminal Procedure Code 2015.

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