Cases of temporary halt to trial in Vietnam

Cases of temporary halt to trial in Vietnam (Source: internet)

1. Cases of temporary halt to trial in Vietnam

1.1. Cases of temporary halt to first-instance trial in Vietnam

According to Clause 1, Article 297 of the Criminal Procedure Code 2015, the court shall halt the trial in one of the following events:

- There are justifications as defined in Article 52, 53, 288, 289, 290, 291, 292, 293, 294 and 295 of Criminal Procedure Code 2015;

- 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.

1.2. Cases of temporary halt to appellate trial in Vietnam

According to Clause 1, Article 352 of the Criminal Procedure Code 2015, the appellate court can halt the trial only in one of the following events:

- There are justifications as defined in Article 52, 53, 349, 350 and 351 of Criminal Procedure Code 2015;

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

2. The duration of a halt to a trial in Vietnam

The duration of a halt to first-instance or appellate trial shall not exceed 30 days upon the issuance of a decision to halt the trial.

(Clause 2, Article 297, Clause 2, Article 352 of the Criminal Procedure Code 2015).

3. Decision to halt a trial 

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

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.

(Clauses 3, 4, and 297 of the Criminal Procedure Code 2015)

Diem My

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