What are the cases of appellate trial in Vietnam?

What are the cases of appellate trial in Vietnam? (Internet image)

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

1. What are the cases of appellate trial in Vietnam?

According to Article 330 of the Criminal Procedure Code 2015, the nature of the appellate trial is as follows:

- Appellate trial means that the immediate superior Court re-tries a case or re-considers the decisions passed by the first instance court, whose judgments and rulings pronounced for the case are appealed before coming into force.

- The decisions in a first instance court, which are appealed, refer to decisions to suspend or dismiss the case or lawsuit against suspects and defendants and other decisions in the first instance court as per the Criminal Procedure Code 2015.

Thus, according to the above provisions, it can be understood that an appellate trial in criminal proceedings is carried out when the first-instance judgment is appealed or protested against. In addition, if it deems it necessary, the court may consider other parts of the judgment or decision not to be appealed or protested against.

2. Which court has appellate jurisdiction in criminal proceedings in Vietnam?

Courts with appellate jurisdiction in criminal proceedings as provided for in Article 344 of the Criminal Procedure Code 2015 include:

- A provincial People’s Court shall have appellate jurisdiction over a district People’s Court's judgments and rulings being appealed.

- The higher People’s Court shall have appellate jurisdiction over a provincial's judgments and rulings being appealed. However, such appellate jurisdiction shall be subject to territorial jurisdiction.

- A military court of a military zone shall have appellate jurisdiction over a local military court's judgments and rulings being appealed.

- The Central military court shall have appellate jurisdiction over the judgments and rulings that were passed by a military court of a military zone and are being appealed.

3. What is the time limit for appellate trial preparation in Vietnam?

Time limit for appellate trial preparation is prescribed as follows:

- A provincial People’s Court or military Court of a military zone must start the appellate trial in 60 days upon the receipt of the case file. The higher People’s Court or Central military court must begin the appellate trial in 90 upon receiving the case file.

- Upon the admission of a case, the provincial People’s Court and military court of the military zone, in 45 days, or the Higher People’s Court and Central military court, in 75 days, must issue one of the following decisions:

= Terminate the appellate trial;

= Hear the appellate case;

- In 15 days upon deciding to hear the case, the Court must start the appellate trial.

- The appellate court, in 10 days at most prior to the start of the trial, must send its decision to try the case to the equivalent Procuracy, defense counsels, crime victims, protectors of legitimate rights and benefits of crime victims and litigants, appellants and individuals having duties and interests related to the appeal.

(Article 346 of the Criminal Procedure Code 2015)

Nguyen Ngoc Que Anh

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