In the course of criminal proceedings, fairness and transparency must always be ensured. Therefore, in some cases, if it is found that the procedure-conducting person has reasons for unfair performance, it will change the criminal procedure-conducting person in Vietnam.So in which cases must the person conducting the criminal procedure be changed?
Article table of contents
When was the person conducting the criminal procedure changed? (Illustration)
1. Who has the right to propose the change of persons competent to conduct criminal procedures in Vietnam?
Persons with the right to request the change of persons with procedure-conducting competence, including:
- Procurator.
- Detainees, accused, defendants, victims, civil plaintiffs, civil defendants and their representatives.
- Defense counsels, defense counsels of the lawful rights and interests of victims, civil plaintiffs and civil defendants in Vietnam.
(Article 50 of the Criminal Procedure Code 2015)
2. Cases of changing criminal procedure-conducting persons in Vietnam?
*General cases of refusal or change of persons competent to conduct criminal proceedings in Vietnam
Persons with procedure-conducting competence must refuse to conduct procedures or be changed when falling into one of the following cases:
- At the same time, they are victims or involved parties; representatives or relatives of victims or involved parties or of the accused or defendants;
- Have participated as defense counsels, witnesses, expert-witnesses, asset appraisers, interpreters or translators in such cases in Vietnam;
- There are other clear grounds to believe that they may not be impartial while on duty.
(Article 49 of the Criminal Procedure Code 2015)
*Change of investigators and coroners in Vietnam
- Investigators and investigating officers must refuse to conduct procedures or be changed when falling into one of the following cases:
+ The case specified in Article 49 of the Criminal Procedure Code 2015;
+ They have conducted procedures in such cases in the capacity as procurators, examiners, judges, jurors, verifiers or court clerks in Vietnam.
- The change of investigators or investigating officers shall be decided by the heads or deputy heads of investigating bodies.
If the changed investigator is the head of an investigating agency in one of the cases specified in Clause 1, Article 49 of the Criminal Procedure Code 2015, the investigation of the case shall be conducted by the immediate superior investigating agency in Vietnam.
(Article 51 of the Criminal Procedure Code 2015)
*Change of procurators and examiners in Vietnam
- Procurators and inspectors must refuse to conduct procedures or be changed when falling into one of the following cases:
+ The case specified in Article 49 of the Criminal Procedure Code 2015;
+ They have conducted procedures in such cases in the capacity as investigators, investigating officers, judges, jurors, verifiers or court clerks in Vietnam.
- The replacement of procurators before the opening of court sessions shall be decided by the chairmen or vice-chairmen of procuracies of the same level.
If the procurator who is changed is the chairperson of the procuracy, he/she shall be decided by the chairperson of the immediate superior procuracy. In case of replacement of procurators at court sessions, the trial panels shall issue decisions to postpone the court sessions.
(Article 52 of the Criminal Procedure Code 2015)
*Changing judges and jurors in Vietnam
- Judges and jurors must refuse to participate in the trial or be changed when falling into one of the following cases:
+ The case specified in Article 49 of the Criminal Procedure Code 2015;
+ They are in the same trial panel and are close relatives;
+ Having participated in the first-instance or appellate trial or the proceeding of such cases in the capacity as investigators, investigating officers, procurators, examiners, verifiers and court clerks in Vietnam.
- The replacement of judges or jurors before the opening of court sessions shall be decided by the presidents or vice-presidents of the courts assigned to settle the cases.
If the changed judge is the Chief Justice of the Court, he/she shall be decided by the Chief Justice of the Court above one level. The replacement of Judges or Jurors at court sessions shall be decided by the trial panels before the trial begins by voting in the deliberation rooms. When considering any member's change, such member may present his/her opinions to the Council for decision by a majority.
If a judge or juror at a court hearing must be replaced, the trial panel shall issue a decision to postpone the court hearing.
(Article 53 of the Criminal Procedure Code 2015)
*Change of Court Clerk in Vietnam
- The court clerk must refuse to conduct the procedure or be changed in one of the following cases:
+ The case specified in Article 49 of the Criminal Procedure Code 2015;
+ They have conducted such procedures in the capacity as procurators, examiners, investigators, investigating officers, judges, jurors, verifiers and court clerks.
- The change of court clerk before the opening of the court hearing shall be decided by the chief justice or deputy chief justice of the court assigned to settle the case in Vietnam.
The change of court clerks at court sessions shall be decided by the trial panels. In case of having to change the court clerk at the court hearing, the trial panel shall issue a decision to suspend the court hearing in Vietnam.
(Article 54 of the Criminal Procedure Code 2015)
Ngoc Nhi
