Right to appeal in criminal procedure in Vietnam

Right to appeal in criminal procedure in Vietnam

Pursuant to Article 331 of the Criminal Procedure Code 2015, people with right to appealt include:

- Defendants, crime victims and their representatives shall have the right to appeal against the judgments or rulings of the first instance court.

- Defense counsels shall have the right to appeal protect the benefits of individuals aged below 18 or having mental or physical defects, who they have defended.

- Civil plaintiffs, civil defendants and their representatives shall have the right to appeal against parts of the judgments or rulings, that are related to compensations for damage.

- Individuals having benefits and duties from the case and their representatives shall have the right to appeal against parts of the judgments or rulings, which are associated with their duties and benefits.

- The protectors of legitimate rights and benefits of crime victims or litigants aged less than 18 or having mental or physical defects shall have the right to appeal against parts of the judgments or rulings, which are in connection with the benefits and duties of those under their protection.

- A person declared not guilty by a Court shall have the right to appeal against the justifications of the first-instance court’s verdict of no guilty.

Right to appeal in criminal procedure in Vietnam (Internet image) 

Time limit for appeal in criminal procedure in Vietnam

Pursuant to Article 333 of the Criminal Procedure Code 2015, the time limit for appeal against a first-instance court’s judgments is 15 days upon the pronouncement of such judgments. If the defendant or litigant is absent from the court, the time limit for appeal commences upon his receipt or the proclamation of the judgments according to the laws.

The time limit for appeal against a first-instance court’s rulings is 07 days and commences when the person entitled to appeal receives such rulings.

The entry date of an appeal is determined as follows:

- The date shown in the postmark on the mail containing the written appeal sent by post;

- If the written appeal is forwarded by the warden of the detention center or head of the detention facility, the entry date of the appeal shall be the date when the warden or detention head receives the written appeal. The warden or detention head must specify and confirm the date of receipt by affixing his signature on the written appeal;

- If the appellant submits the written appeal in court, the entry date of the appeal shall be fixed upon the Court’s receipt of the written appeal. If the appellant directly appeals in court, the entry date of the appeal shall be fixed upon the Court’s written record of such appeal.

Appellate procedure in criminal procedure in Vietnam

Pursuant to Article 332 of the Criminal Procedure Code 2015, the appellant lodges an appeal to the court that conducted the first instance trial or a court of second instance.

If the defendant is held in detention, the warden of the detention center or head of the detention facility must enable the defendant's execution of his right to appeal. The warden or head shall obtain and forward the written appeal to the first-instance court that issued the judgments or rulings appealed.

The appellant can directly present his appeal to the court that conducted the first-instance trial or the appellate court. The court must make a written record of the appeal as per Article 133 of this Law.

The appellate court, that has made the written record of the appeal or received the written appeal, shall send such record or written appeal to the first instance court for further activities according to general regulations.

A written appeal shall contain these primary details:

- The date of the written appeal;

- The full name and address of the appellant;

- The reasons and petitions of the appellant;

- The signature or fingerprint of the appellant.

The written or direct appeal shall be enclosed with additional evidences, documents and items, if available, that evince the grounds of such appeal.

Mai Thanh Loi

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