Grounds for protest through reopening procedure in Vietnam

What is reopening procedure?

Pursuant to Article 397 of the Criminal Procedure Code 2015, the reopening procedure reviews a Court’s effective sentences and rulings under protest upon the exposure of new facts that may alter the fundamentals of such sentences and rulings, given that the said Court had no knowledge of such facts when passing its judgments and decisions.

Grounds for protest through reopening procedure in Vietnam (Internet image)

Grounds for protest through reopening procedure in Vietnam

Pursuant to Article 398 of the Criminal Procedure Code 2015, a court’s sentences and rulings in effect shall be protested through the reopening procedure in the presence of one of the following grounds:

- There are grounds to ascertain the falseness of vital details in witness testifiers' statements, findings of expert examinations and property valuation, interpreters’ metaphrase, written translations;

- Investigators, Procurators, Judges and lay assessors had no knowledge of certain facts and, consequently, drew inaccurate conclusions that made the Court’s effective sentences and rulings deviate from the objective truths of the case;

- Evidences, records of investigation, prosecution or adjudication, records of other legal proceedings or other proofs, papers and items in the case were falsified or inaccurate.

- Other facts that made the Court’s effective rulings and sentences deviate from the objective truths of the case.

Individuals authorized to lodge protests through the reopening procedure in Vietnam

Pursuant to Article 400 of the Criminal Procedure Code 2015, individuals authorized to lodge protests through the reopening procedure include:

(i) The head of the Supreme People’s Procuracy shall have the right to lodge protests through the reopening procedure against the effective sentences and rulings passed by a Court, save the decisions by the Justices’ Council of the Supreme People’s Court.

(ii) The head of the Central military procuracy shall have the right to lodge protests through the reopening procedure against the effective sentences and rulings passed by a military Court of a military zone or a local military Court.

(iii) The head of the Higher People’s Procuracy shall have the right to lodge protests through the reopening procedure against the effective sentences and rulings passed by a provincial People’s Court or a district People’s Court in conformity to the territorial jurisdiction.

Time limit for protests through the reopening procedure in Vietnam

Time limit for protests through the reopening procedure is prescribed in Article 401 of the Criminal Procedure Code 2015 as follows:

- The reopening procedure against the sentenced person shall only be permissible within the prescriptive period for criminal prosecution, as defined in Article 27 of the Criminal Code. The time limit for filing of protests shall not exceed 01 year upon the Procuracy's receipt of information on newly found facts.

- The reopening procedure in favor of the sentenced person shall not be restricted in time and shall be permissible for the exoneration of the sentenced person who is deceased.

- Protests regarding litigants’ civil matters in a criminal case shall abide by the Civil procedure code.

Powers of the Judical panel of reopening in Vietnam

 Powers of the Judical panel of reopening is specified in Article 402 of the Criminal Procedure Code 2015 as follows:

- Reject the protests and sustain the effective sentences and rulings that have been protested.

- Abrogate a Court's sentences and rulings in effect for re-investigation or retrial.

- Abrogate sentences and rulings in effect and dismiss the case.

- Dismiss the reopening trial.

Mai Thanh Loi

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