Sequence of oral arguments at trial at first instance in a criminal case in Vietnam

Sequence of oral arguments at trial at first instance in a criminal case in Vietnam (Internet image)

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

1. Sequence of oral arguments at trial at first instance in a criminal case in Vietnam

According to Article 320 of the Criminal Procedure Code 2015, sequence of oral arguments at trial at first instance in a criminal case in Vietnam is as follows:

- Procurators, after finishing their questioning session, shall draw conclusions. If grounds for conviction are not found, all decisions to prosecute shall be revoke and the Court shall be requested to declare defendants not guilty.

- Defendants and defense counsels shall give arguments to defend the former. Defendants and their representatives shall be entitled to supplement the defense arguments.

- Crime victims, litigants and their representatives state their arguments to defend their legitimate rights and benefits. Other protectors of such people’s legitimate benefits and rights shall be entitled to present and supplement arguments.

- If charges are pressed at the requests by the crime victims, the Procurators shall draw conclusions before the aggrieved and their representatives state and supplement arguments.

2. What are the regulations on oral arguments at the first instance court in criminal cases in Vietnam?

- Defendants, defense counsels and other participants in legal proceedings shall be entitled to present their opinions, evidences and arguments in response to Procurators' presentation of evidences of guilt and innocence; nature and harmful extent of crimes against society; consequences of crimes;

Personal records and roles of defendants in the case; factors aggravating and mitigating criminal liabilities, penalties; civil liabilities, measures for handling evidences, judicial remedies; reasons and circumstances leading to crimes and other significant facts of the case.

Defendants, defense counsels and other participants in legal proceedings shall be entitled to state their propositions.

- Procurators must display evidences, documents and arguments to respond to the last of each standpoint given by the defendants, defense counsels and other participants in court proceedings.

Individuals engaging in oral arguments shall be entitled to respond to other people’s opinions.

- The presiding judge shall not restrict the time for oral arguments and shall endorse Procurators, defendants, defense counsels, crime victims and other participants in legal proceedings to argue and state all viewpoints. However; opinions not related to the case or repeated shall be removed.

The presiding judge shall demand Procurators’ obligation to respond to standpoints of defense counsels and other participants in legal proceedings if Procurators do not debate such standpoints.

- The trial panel must listen and acknowledge every standpoint from Procurators, defendants, defense counsels and other individuals providing oral arguments in court to judge truths of the case in impartial and comprehensive manners. The trial panel, if overruling standpoints of courtroom participants, must clarify its justifications that are inputted into the court record.

(Article 322 of the Criminal Procedure Code 2015)

3. Conclusion by Procurators in Vietnam

According to Article 321 of the Criminal Procedure Code 2015, the conclusion by Procurators are as follows:

- Procurators, when reaching conclusions, must contemplate evidences, documents and items examined in court and arguments given by defendants, defense counsels, protectors of legitimate rights and benefits of crime victims and litigants, and other participants in court proceedings.

- The content of such conclusions must analyze and assess, in unbiased, comprehensive and thorough manners, evidences of guilt or innocence; nature and harmful extent of crimes against society;

Consequences of crimes; personal records and roles of defendants in crimes; offence titles; points, sections and articles quoted from the Criminal Code 2015, factors aggravating or mitigating criminal liabilities; level of compensations for damage, handling of evidences, judicial remedies; reasons and circumstances leading to crimes and other significant facts of the case.

- Procurators shall propose the conviction of defendants on parts or all of charges or lesser crimes; primary and additional penalties, judicial remedies, liabilities for amends, handling of evidences.

- Preventive measures against crimes and breach of laws shall be proposed.

Nguyen Ngoc Que Anh

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