What content must be clearly stated in the judgments of a first instance and appellate Court in Vietnam?

What content must be clearly stated in the judgments of a first instance Court in Vietnam? (Internet image)

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

1. What content must be clearly stated in the judgments of a first instance Court in Vietnam?

According to Clause 2, Article 260 of the Criminal Procedure Code 2015, the judgments of a first instance Court in Vietnam must specify:

- Name of the first-instance Court; case number and initial date of admission; number and date of the judgment, full name of members in the Trial panel, Court clerk and procurators; full name, date of birth, place of birth, residential address, occupation, educational level, ethnicity, criminal records and previous convictions of the defendants; date of temporary detainment or detention of the defendants;

Full name, age, occupation, place of birth, residential address of representatives of the defendants; full name of defense counsels, witness testifiers, expert witnesses, valuators, interpreters, translators and other individuals summoned by the Court to attend the trial; full name, age, occupation and residential address of the crime victims, litigants and their representatives; number and date of the decision to hear the case; public or secret trial; time and location of the trial;

- Number and date of charging documents and decisions to prosecute; name of The procuracy prosecuting; defendants’ acts as per the crimes prosecuted by The procuracy; crimes and points, sections, articles quoted from the Criminal Code and punishments, additional penalties, judicial remedies, compensations for damage, which are recommended by The procuracy against the defendants; handling of evidences;

- Opinions given by defense counsels, crime victims, litigants and other individuals summoned by the Court to attend the trial;

- The Trial panel’s judgments must analyze evidences establishing guilt or innocence, determine the defendants’ state of being guilty of what crimes or guiltless, points, sections and articles quoted from the Criminal Code and other legislative documents, factors aggravating and mitigating criminal liabilities and solutions. If the defendants are found guiltless, the judgment must detail justifications of their innocence and the restoration of their honor, legitimate rights and benefits as per the laws;

- The analysis of reasons that the Trial panel rely on to reject justifications of accusation or acquittal and requests from procurators, defendants, defense counsels, crime victims, litigants and their representatives and protectors of their legitimate rights and benefits;

- The analysis of the legality of legal proceedings and relevant decisions of investigators, procurators and defense counsels during the investigation, prosecution and adjudication;

- The Trial panel’s rulings over each issue of the case, Court fee and right to appeal against the judgments. Rulings, if immediately executed, must be specified.

2. What content must be clearly stated in the judgment of an appellate Court in Vietnam?

According to Clause 3, Article 260 of the Criminal Procedure Code 2015, the judgment of an appellate Court in Vietnam must specify:

- Name of the appellate Court; case number and initial date of admission; number and date of the judgment, full name of members in the Trial panel, Court clerk and procurators; full name, date of birth, place of birth, residential address, occupation, educational level, ethnicity, criminal records and previous convictions of the defendants filing or facing appeals and those who do not but are reviewed by the appellate Court; date of temporary detainment or detention of the defendants;

Full name, age, occupation, place of birth, residential address of representatives of the defendants; full name of defense counsels, witness testifiers, expert witnesses, valuators, interpreters, translators and other individuals summoned by the Court to attend the trial; full name, age, occupation and residential address of the crime victims, litigants and their representatives; name of The procuracy filing appeals; public or secret trial; time and location of the trial;

- Summary of the case, rulings from the judgment of the first-instance Court; details of the appeals; judgments by the appellate trial panel, justifications for approval or disapproval of appeals; points, sections and articles quoted from the Criminal Code and other legislative documents, which the appellate judicial Court base on to settle the case;

- The appellate trial panel’s rulings over each issue of the case, which arise due to the appeals, fees of first-instance and appellate Courts.

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