Duties, authority and responsibilities of Judge in criminal proceedings in Vietnam

Duties, authority and responsibilities of Judge in criminal proceedings in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Duties, authority and responsibilities of Judge in criminal proceedings in Vietnam

Duties, authority and responsibilities of Judge in criminal proceedings under Article 45 of the Criminal Procedure Code 2015 are as follows:

- A judge, when assigned to hear criminal cases, bears the following duties and authority:

+ Examine case files prior to the start of a trial;

+ Hear cases;

+ Engage in other activities of legal procedure and vote on matters within the powers of the Trial panel;

+ Transact other activities of legal procedure within the Court’s powers as per The court president’s assignments.

- The presiding judge has the duties and powers as stipulated in Section 1 of Article 45 of the Criminal Procedure Code 2015 and below:

+ Decide to implement, alter and abort preventive and coercive measures, save those for detention;

+ Decide to return case files for further investigation;

+ Decide to have cases heard; to dismiss or adjourn lawsuits;

+ Manage the hearing of cases, oral arguments in court;

+ Decide to have expert examinations started newly or afresh or extended, to perform experimental investigations; to change or have expert witnesses replaced; to order valuation or have valuators changed;

+ Order or requisition the appointment or change of defense counsels; change of supervisors for perpetrators under 18; request the appointment and replacement of translators and interpreters;

+ Decide to summon witness testifiers to the Court;

+ Engage in other duties and powers of legal procedure within the Court’s powers as per The court president’s assignments according to the Criminal Procedure Code 2015.

- Judges shall be held liable under the laws for their actions and decisions.

2. Duties, authority and responsibilities of Procurators in criminal proceedings in Vietnam

Duties, authority and responsibilities of Procurators in criminal proceedings in Vietnam under Article 42 of the Criminal Procedure Code 2015 are as follows:

- Procurators, when assigned to exercise rights of prosecution and manage legal compliance in criminal proceedings, have the following duties and authority:

+ Administer competent entities' handling of criminal information;

+ Directly manage and prepare documents on criminal information;

+ Administer the processing of criminal information and charges, implement preventive and coercive measures; administer the competent investigation entities’ documentation of criminal information and lawsuits; manage activities of prosecution and investigation done by investigation authorities and units assigned to investigate;

+ Directly administer scene investigation, autopsy, confrontation, identification, voice recognition, experimental investigation and search;

+ Administer the temporary suspension and resumption of the processing of criminal information; suspension, adjournment, resumption and closure of investigations;

+ Propose requirements for investigation and request investigation authorities to issue or terminate wanted notices against suspects;

+ Summon and interrogate suspects, convene denouncers, informants, persons denounced or facing requisitions for charges, juridical persons’ legal representatives, witness testifiers, litigants for statements; extract statements from persons held in emergency custody;

+ Make decisions on the coercive delivery of arrestees, suspects; and on the forced escort of witness testifiers, persons denounced or facing requisitions for charges, crime victims; on the entrustment of persons under 18 to authorities and entities in charge of supervision; on the replacement of supervisors of perpetrators under 18;

+ Directly perform certain activities of investigation as per the Criminal Procedure Code 2015;

+ Request the replacement of persons authorized to institute legal proceedings; request and propose the appointment or replacement of defense counsels; request the appointment and replacement of translators and interpreters;

+ Institute legal proceedings in court; announce charges or decisions on prosecution through summary procedures, and other decisions by The procuracy on pressing charges against suspects; conduct interrogation, present evidences, documents, items, impeachment, arguments and viewpoints regarding the settlement of the cases   and conference sessions;

+ Administer legal compliance of the Court's adjudication and participants in legal proceedings; supervise the Court's judgments, rulings and other documents of legal procedure;

+ Supervise the enforcement of the Court’s judgments and rulings;

+ Exercise rights to express requests and proposition as per the laws;

+ Perform other duties and authority of prosecution within the powers of The procuracy as per the assignments by the head of The procuracy as per the Criminal Procedure Code 2015.

- Procurators shall be held liable under the laws and before the head and vice heads of The procuracy for their decisions and actions.

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