Regulations on deliberation of judgments in criminal procedure in Vietnam

Regulations on deliberation of judgments in criminal procedure in Vietnam (Internet image)

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

1. Deliberation of judgments in criminal procedure in Vietnam

Specifically, Clause 1, Article 326 of the Criminal Procedure Code 2015 stipulates the authority to deliberate judgments in criminal procedure in Vietnam as follows:

Only judges and lay assessors are empowered to deliberate judgments The deliberation session occurs in the retiring room.

The presiding judge chairing the deliberation session shall be responsible for stating each issue of the case that must be settled through the Trial panel’s deliberation.

The presiding judge himself or assigns a member of the Trial panel to execute the written record of deliberation. Members of the Trial panel must settle all and every issue of the case under majority rule. The votes shall be first casted by the lay assessors then by the Judge(s).

If the opinions do not win most of the vote, each of the trial panel’s members’ opinions shall be re-discussed and re-voted for the most voted ones. The minority voters shall be permitted to state their opinions in writing, which are inputted into the case file.

2. The issues of a case that must be settled through deliberation in Vietnam

The following issues of a case must be settled through deliberation:

- The case is suspended or documents are returned for further investigation;

- The legality of evidences and documents gathered by Investigation authorities, Investigators, Procuracies and Procurators or provided by lawyers, suspects, defendants and other participants in legal proceedings;

- The existence of justifications for the conviction of the defendants. If justifications for conviction suffice, the points, sections and articles applicable from the Criminal Code must be specified.

- Penalties and judicial panels imposed on the defendants; liabilities for compensations; civil matters in the criminal lawsuit;

- The defendants‘ exemption from criminal liabilities or penalties;

- Criminal court fee, civil court fee; handling of evidences; property seized, accounts frozen;

- The validity of acts and procedural decisions of Investigators, Procurators and defense counsels during the processes of investigation, prosecution and adjudication;

- Propositions for the prevention of crimes and correction of violations.

(Clause 3, Article 326 of the Criminal Procedure Code 2015)

3. Regulations on records of deliberation of criminal cases in Vietnam

Pursuant to Article 259 of the Criminal Procedure Code 2015, regulations on records of deliberation are as follows:

- Deliberation must be executed in writing.

All members of the Trial panel must sign the record of deliberation in the retiring room before pronouncing judgments.

- The record of deliberation by a trial panel of a first-instance Court shall detail:

+ Time and date of the record; name of the Court holding the trial;

+ Full name of judge(s) and lay assessors;

+ The case being adjudicated;

+ Result of the Trial panel’s voting on issues argued according to Section 3, Article 326 of the Criminal Procedure Code 2015, and other opinions (if any).

- The record of deliberation by a trial panel of an appellate Court must specify details as per point a, c and d, Section 2 of Article 259 of the Criminal Procedure Code 2015 and full name of judges.

4. Decisions when finishing the deliberation session in Vietnam

The trial panel, when finishing the deliberation session, shall decide one of the following matters:

- Pass and pronounce the sentences;

- Resume the sessions of questioning and oral argument if some facts of the case remain unasked or unclear;

- Return case files to the Procuracy for further investigation and the Procuracy's addition of documents and evidences;

- Suspend the lawsuit.

The trial panel must inform the courtroom participants and other participants in legal proceedings, who are absent from the court, of the decisions as stated in Point c and Point d of Clause 6, Article 326 of the Criminal Procedure Code 2015.

(Clause 6, Article 326 of the Criminal Procedure Code 2015)

Ho Quoc Tuan

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