Phần thứ nhất Bộ luật Tố tụng hình sự 2015: Cơ quan có thẩm quyền tiến hành tố tụng, người có thẩm quyền tiến hành tố tụng

Chapter III

AUTHORITIES AND PERSONS AUTHORIZED TO INSTITUTE PROCEEDINGS

Article 34. Presiding authorities and presiding officers

1. Presiding authorities are:

a) Investigation authorities;

b) Procuracy;

c) Courts.

2. Presiding officers are:

a) Heads and vice heads of investigation authorities and investigators and investigation officers;

b) Heads and vice heads of The procuracy, procurators and checkers;

c) Court presidents, Vice court presidents, judges, lay assessors, Court clerks, verifiers.  

Article 35. Authorities and persons assigned to perform certain activities of investigation

1. The authorities assigned to perform certain activities of investigation are:

a) Border protection force’s units;

b) Customs authorities;

c) Forest ranger’s units;

d) Maritime police force’s units;

dd) Fisheries resources surveillances units;

e) People’s police force’s units assigned to perform certain activities of investigation (referred to as units assigned to investigate);

g) Other units in the People’s Army, as assigned to perform certain activities of investigation.

Authorities assigned to perform certain activities of investigation in this Section are stipulated in the Law on the organization of criminal investigation authorities.

2. The persons assigned to perform certain activities of investigation are:

a) Personnel of the Border protection force, as assigned to performed certain activities of investigation, include heads and vice heads of Border reconnaissance department, Drug and crime department; heads and vice heads of Special service against drug and crime; captains and vice captains of Border protection units in provinces and centrally-affiliated cities; commanding officers and deputies in Border protection posts; commanders and deputies of Border protection units at border gates;

b) Personnel of Customs authorities, as assigned to perform certain activities of investigation, are heads and vice heads of Anti-smuggling and investigation department; heads and vice heads of Post clearance audit department; heads and vice heads of provincial and inter-provincial Departments of customs and those in centrally-affiliated cities; heads and ice heads of Customs departments at border gates;

c) Personnel of Forest ranger, as assigned to perform certain activities of investigation, include heads and vice heads of Forest protection department, heads and vice heads of Forest ranger departments; heads and vice heads of Forest ranger stations;

d) Personnel of Maritime police force, as assigned to perform certain activities of investigation, include commanders, vice commanders, zone commanders and vice zone commanders of Maritime police force; heads and vice heads of Specialized and legal department; heads and vice heads of Special service of drug enforcement; heads and vice heads of Naval battalions, Naval flotilla; captains and deputies of Maritime police force’s special task units;

dd) Personnel of Fisheries resources surveillances, as assigned to perform activities of investigation, include heads and vice heads of Bureau of fisheries resources surveillances, heads and vice heads of zonal Bureaus of fisheries resources surveillances;

e) Personnel of other units of People's Police force, as assigned to perform certain activities of investigation, include directors and vice directors of Fire Police; heads, vice heads, managers and vice managers of People's Police force’s units assigned to investigate; warders and vice warders of prisons according to the Law on the organization of criminal investigation authorities;

g) Personnel of other units of People’s Army, as assigned to perform certain activities of investigation include warders and vice warders of prisons; heads of independent regiment units and similar ones.

h) Investigation officers in the authorities and units as defined in Section 1 of this Article.

Article 36. Duties, authority and responsibilities of Heads and vice heads of Investigation authorities

1. Heads of investigation authorities bear the following duties and power:

a) Organize and direct the processing of criminal information, charges and investigation by investigation authorities;

b) Make decisions on the appointment or replacement of vice heads of investigation authorities and units handling criminal information, inspect criminal charges and investigation done by vice heads, make decisions on amendments or abolishment of unfounded and illegal decisions made by vice heads.

c) Make decisions on the appointment or replacement of investigators and investigation officers, inspect the processing of criminal information, criminal charges and investigation done by investigators or investigation officers, and make decisions on amendments or invalidation of unsubstantiated and unlawful decisions made by investigators.

d) Handle complaints and accusations within the powers of investigation authorities.

The head of the investigation authority, upon his absence, delegates a vice head to carry out the head’s missions and power. Vice heads are held liable before the Head for the assignments.

2. Heads of investigation authorities, when instituting criminal proceedings, bear the following duties and power:

a) Make decisions on suspending the processing of denunciations, criminal information disclosed and requisitions for charges (referred to as denunciations, information and requisitions); decisions on pressing or not filing charges, amendments or alterations of decisions on filing lawsuits or charges against suspects; decisions on combining or dividing lawsuits; decisions on mandating investigations;

b) Make decisions on implementing, changing or terminating preventive measures, coercive actions, and means for special investigation and proceedings according to this Law;  

c) Make decisions on issuing and annulling warrants on arrest, search, seizure, impoundment and handling of evidences;    

d) Make decisions on requests, addition or repetition of expert examinations, burial excavation, experimental investigation, change or request for replacement of expert witnesses. Request valuation, revaluation of property and change of valuators.

dd) Directly inspect and verify criminal information and carry out investigation measures;

e) Draw conclusions on investigations;

g) Make decisions on suspending or terminating or resuming investigations into cases or against suspects;

h) Make orders and decisions and perform other activities of legal proceedings within the powers of investigation authorities.

3. Vice heads of investigation authorities, when mandated to file charges or investigate criminal cases, bear the duties and power as stated in Section 1 and Section 2 of this Article, save Point b, Section 1 of this Article. Vice heads of investigation authorities cannot handle complaints or accusations against their actions and decisions.

4. Heads and vice heads of investigation authorities shall be held liable for their actions and decisions. Heads and vice heads of investigation authorities cannot mandate investigators to carry out their duties and power.

Article 37. Duties, authority and responsibilities of investigators

1. Investigators, as assigned to file charges and investigate criminal cases, have the following duties and authority:

a) Directly inspect, verify and document criminal information;

b) Document criminal cases;

c) Request or recommend the designation and replacement of defense counsels, interpreters and translators;

d) Summon and interrogate suspects; convene denouncers, informants, persons denounced or facing position of charges, legal representatives of juridical persons to obtain their statements; take statements from persons held in emergency custody, arrested, temporarily detained; convoke witness testifiers, crime victims and plaintiffs for their statements;

dd) Make decisions on delivering by force persons held in emergency custody, arrested, temporarily detained, suspects; escorting by force witness testifiers, persons denounced or charged, crime victims; make decisions on transferring persons under 18 to entities responsible for supervision; decide changes of supervisors of perpetrators under 18;

e) Enforce emergency custody orders, decisions or orders of arrest, temporary detainment or detention, search, seizure, withholding, distrainment of property, freezing of accounts, handling of evidences;

g) Search crime scenes, unearth and dissect corpses, examine traces on bodies, confront persons involved, facilitate identifications, conduct experimental investigations;

h) Perform other duties and authority of legal proceedings within the powers of investigation authorities as per assignments by the head according to this Law.

2. Investigators shall be held liable under the laws and before the head and vice heads of the investigation authority for their actions and decisions.

Article 38. Duties, authority and responsibilities of Investigation officers of investigation authorities

1. Investigation officers, as per assignments given by Investigators, perform the following duties and authority:

a) Record statements and interrogation in writing and make other written records upon investigators’ inspection and verification of criminal information and criminal investigation;

b) Deliver and convey orders, decisions and other documents on proceedings as per this Law;

c) Support investigators to prepare documents on criminal information, case files and perform other activities of legal proceedings.

2. Investigation officers are held liable under the laws and before the head, vice heads, investigators for their actions.

Article 39. Duties, authority and responsibilities of chiefs, deputies, investigation officers, in Border protection force, Customs, Forest ranger, Maritime police force and Fisheries Surveillance, on assignments of certain activities of investigation.

1. Chiefs of units assigned to investigate as per Points a, b, c, and dd, Section 2, Article 35 of this Law bear the following duties and authority:

a) Direct the processing of intra vires criminal information, charges and criminal investigation;

b) Decide the appointment or replacement of deputies and investigation officers for the handling of criminal information, charges and investigation;

c) Inspect deputies’ and investigation officers’ processing of criminal information, charges and investigation;

d) Decide changes and abrogation of unproven and illicit decisions made by deputies and investigation officers;

dd) Make decisions on handing over persons under 18, who face accusations, to their representative for supervision.

The chief, upon his absence, mandates a deputy to perform his duties and authority. The deputy is held liable before the chief for the duties assigned. Chiefs and deputies are not permitted to mandate investigation officers to perform their duties and authority.

2. When conducting criminal proceedings against perpetrators of misdemeanors in flagrante and having clear evidences and culprits' profile, the persons as defined in Points a, b, c, d and dd, Section 2, Article 35 of this Law bear the following duties and authority:

a) Collect evidences, documents and items from concerned individuals to check and verify criminal information;

b) Decide to suspend the processing of denunciations, criminal information disclosed; requisitions for charges, decisions on filing or not pressing charges, amendments to decisions on filing lawsuits; decisions on pressing charges or amendments to decisions of filing charges against suspects;

c) Directly organize and command the examinations of the scenes;

d) Make decisions on requisitioning expert examinations, valuation or on search, seizure, impoundment and maintenance of evidences and materials directly related to the lawsuits;

dd) Summon and interrogate suspects; convene crime victims and litigants for statements; convoke denouncers, informants, persons denounced or facing requisitions for charges for extraction of statements; call in witness testifiers for statements; take statements from persons held in emergency custody;

e) Decide to implement preventive and coercive measures as per this Law;

g) Conclude investigations, propose charges or conclusions from investigations and decide to terminate or suspend or resume investigations.

3. When instituting criminal proceedings against perpetrators of ordinary, drastic and exorbitant felonies or complicated misdemeanors, the persons as defined in Points a, b, c, d and dd, Section 2, Article 35 of this Law bear the following duties and authority:

a) Collect evidences, documents and items from concerned people to inspect and verify criminal information;

b) Decide to suspend the processing of accusations and criminal information disclosed, propose charges, decide to file or not press charges, alter decisions on filing charges;

c) Decide to search, seize, temporarily withhold and maintain evidences and documents directly related to the lawsuits;

d) Convene witness testifiers, crime victims and litigants for statements.

4. Investigation officers have the following duties and authority:

a) Document criminal information, extract statements from concerned persons to inspect and verify criminal information;

b) Prepare criminal case files;

c) Interrogate suspects; obtain statements from denouncers, informants, persons denounced or facing requisitions for charges, persons held in emergency custody, arrested or temporarily detained, witness testifiers, crime victims, litigants;

d) Investigate the scenes, enforce warrants of search, seizure, impoundment and maintenance of evidences and documents directly related to the cases.

5. Chiefs, deputies and investigation officers of border protection force, customs, forest ranger, maritime police force, fisheries resources surveillances, when assigned to carry out certain activities of investigation within their responsibilities, shall be held liable for their actions and decisions. Chiefs and deputies are not permitted to mandate investigation officers to perform their duties and authority.

Article 40. Duties, authority and responsibilities of chiefs, deputies and investigation officers of other units in People’s Police Force and People’s Army on assignments of certain activities of investigation

1. Chiefs of units assigned to investigate as per Point e and Point g, Section 2, Article 35 of this Law bear the following duties and authority:

a) Direct intra vires activities of charge filing and criminal investigation;

b) Decide to appoint or replace deputies and investigation officers for filing of charges and criminal investigation;

c) Inspect deputies' and investigation officers' processing of criminal information, pressing of charges and criminal investigation;

d) Decide to redress or annul baseless and illegitimate decisions made by deputies and investigation officers.

A deputy, upon the absence of the chief, shall be mandated to perform the chief’s duties and authority and assume liabilities before the chief for the duties mandated.

2. When instituting criminal proceedings, the persons as defined in Point e and Point g, Section 2, Article 35 of this Law bear the following duties and authority:

a) Collect evidences, documents and items from concerned persons to check and attest criminal information;

b) Decide to suspend the processing of criminal information; decide to press or not to file charges, amend decisions on charge filing;

c) Direct and command the examination of crime scenes;

d) Decide to search, seize, temporarily withhold and maintain evidences and documents related directly to the cases;

dd) Summon denouncers, informants, persons denounced or facing requisitions for charges, witness testifiers, crime victims and litigants for statements.

3. Investigation officers have the following duties and authority:

a) Document criminal information, acquire statements from relevant persons to inspect and verify criminal information;

b) Prepare criminal case files;

c) Gather statements from denouncers, informants, persons denounced or facing requisitions for charges, witness testifiers, defendants and litigants;

d) Investigate crime scenes, enforce orders of search, seizure, impoundment and maintenance of evidences and documents related directly to the lawsuits;

dd) Convey and send orders, decisions and other documents on legal proceedings as per this Law.

4. Chiefs, deputies and investigation officers of units of people's police force and People’s Army, when assigned to perform certain activities of investigation within their responsibilities, must assume liabilities for their actions and decisions. Chiefs and deputies are not permitted to mandate investigation officers to perform their duties and authority.

Article 41. Duties, authority and responsibilities of Heads and Vice heads of The procuracy

1. Heads of The procuracy bear the following duties and authority:

a) Directly organize and command the activities of exercising rights of prosecution and manage legal compliance of criminal procedure;

b) Decide to appoint or replace vice heads of The procuracy, inspect vice heads’ activities of exercising rights of prosecution and manage legal compliance of criminal procedure, decide to redress or annul groundless and lawless decisions made by vice heads;

c) Decide to appoint or replace procurators and checkers, inspect and manage procurators’ and checkers’ activities of exercising rights of prosecution and legal compliance in criminal proceedings, decide to redress or vacate unfounded and illegal decisions made by procurators;

d) Decide to remove, terminate or annul unproven and illicit decisions made by an inferior Procuracy;

dd) Handle complaints and accusations within the powers of The procuracy.

The head of The procuracy, upon his absence, mandates a vice head to perform his duties and authority and assume liabilities before the head for the duties mandated.

2. When exercising rights of prosecution and managing legal compliance in criminal proceedings, the head of The procuracy bears the following duties and authority:

a) Request investigation authorities and units assigned to investigate (referred to as investigation authorities and units assigned) to process criminal information, press charges or amend decisions on filing criminal lawsuits or charges against suspects; decide to press or not to file charges, redress decisions on filing criminal lawsuits or charges against defendants as per this Law;

b) Decide to suspend the handling of criminal information; decide to file or not to press charges, amend decisions on filing lawsuits; decide to press charges against suspects and amend such decisions; decide to join or separate cases;

c) Decide to enforce, alter or terminate preventive and coercive measures, and special investigation methods and proceedings; decide to extend the inspection and verification of criminal information, detention, investigation, temporary imprisonment, prosecution;

d) Decide to search, seize, temporarily withhold, and handle evidences;

dd) Decide the request, addition or repetition of expert examination, experimental investigation; change or demand to replace expert witnesses. Request valuation, re-valuation, and demand to change valuators;

e) Request heads of investigation authorities, chiefs of units assigned to investigate to change investigators and investigation officers;

g) Approve or disapprove decisions and orders made by investigation authorities and units assigned to investigate;

h) Decide to abrogate unproven and unlawful decisions and orders made by investigation authorities and units assigned to carry out certain activities of investigation;

i) Settle disputes over the authority to handle criminal information, file charges, conduct investigation; and decide to transfer cases;

k) Decide to enforce or terminate obligatory medical treatment measures;

l) Decide to implement summary procedures; or terminate such decisions;

m) Decide to press charges against suspects and return documents to further or reset investigations;

n) Request the restoration of investigation works, decide to adjourn or dismiss charges or lawsuits against suspects; decide to annul the decision to suspend the processing of criminal information; decide to resume investigations of cases or defendants and to retake cases and lawsuits against suspects;

o) Make appeals through appellate Courts, reopening and cassation procedures against a Court’s judgments and rulings as per this Law;

p) Exercise the right to express proposition as per the laws;

q) Issue decisions and orders, and carry out other activities of prosecution within the powers of The procuracy.

3. Vice heads of The procuracy, when assigned to exercise rights of prosecution and manage legal compliance in criminal proceedings, bear the following rights and duties as per Section 1 and Section 2 of this Article, except for Point b, Section 1 of this Article. Vice heads of The procuracy is not permitted to handle complaints and accusations against their own actions and decisions.

4. The head and vice heads of The procuracy shall be held liable for their actions and decisions. The head and vice heads of The procuracy cannot mandate procurators to perform their duties and authority.

Article 42. Duties, authority and responsibilities of Procurators

1. Procurators, when assigned to exercise rights of prosecution and manage legal compliance in criminal proceedings, have the following duties and authority:

a) Administer competent entities' handling of criminal information;

b) Directly manage and prepare documents on criminal information;

c) Administer the processing of criminal information and charges, implement preventive and coercive measures; administer the competent investigation entities’ documentation of criminal information and lawsuits; manage activities of prosecution and investigation done by investigation authorities and units assigned to investigate;

d) Directly administer scene investigation, autopsy, confrontation, identification, voice recognition, experimental investigation and search;

dd) Administer the temporary suspension and resumption of the processing of criminal information; suspension, adjournment, resumption and closure of investigations;

e) Propose requirements for investigation and request investigation authorities to issue or terminate wanted notices against suspects;

g) Summon and interrogate suspects, convene denouncers, informants, persons denounced or facing requisitions for charges, juridical persons’ legal representatives, witness testifiers, litigants for statements; extract statements from persons held in emergency custody;

h) Make decisions on the coercive delivery of arrestees, suspects; and on the forced escort of witness testifiers, persons denounced or facing requisitions for charges, crime victims; on the entrustment of persons under 18 to authorities and entities in charge of supervision; on the replacement of supervisors of perpetrators under 18;

i) Directly perform certain activities of investigation as per this Law;

k) Request the replacement of persons authorized to institute legal proceedings; request and propose the appointment or replacement of defense counsels; request the appointment and replacement of translators and interpreters;

l) Institute legal proceedings in court; announce charges or decisions on prosecution through summary procedures, and other decisions by The procuracy on pressing charges against suspects; conduct interrogation, present evidences, documents, items, impeachment, arguments and viewpoints regarding the settlement of the cases   and conference sessions;

m) Administer legal compliance of the Court's adjudication and participants in legal proceedings; supervise the Court's judgments, rulings and other documents of legal procedure;

n) Supervise the enforcement of the Court’s judgments and rulings;

o) Exercise rights to express requests and proposition as per the laws;

p) Perform other duties and authority of prosecution within the powers of The procuracy as per the assignments by the head of The procuracy as per this Law.

2. Procurators shall be held liable under the laws and before the head and vice heads of The procuracy for their decisions and actions.

Article 43. Duties, authority and responsibilities of Checkers

1. Checkers perform the duties and exercise power below as per the assignments from the procurators:

a) Make written records of statements and interrogation and other records of criminal proceedings;

b) Deliver and convey orders, decisions and other documents of legal procedure as per this Law;

c) Support procurators to prepare documents on administration and processing of criminal information, and to perform other activities of legal procedure.

2. Checkers shall be held liable under the laws and before the head, vice heads and checkers of The procuracy for their actions.

Article 44. Duties, authority and responsibilities of Court president and Vice court president

1. The court president bears the following duties and authority:

a) Directly organize the adjudication of criminal cases; make decisions on the settlement of disputes over the jurisdiction;

b) Decide to assign Vice court presidents, judges, lay assessors to hear criminal cases; to assign Court clerks to institute legal proceedings on criminal cases; to assign verifiers to verify criminal case files;

c) Decide to replace judges, lay assessors and Court clerks prior to the start of a trial;

d) Decide the enforcement of criminal sentences;

dd) Decide to postpone jail sentences;

e) Decide to suspend prison sentences;

g) Decide to expunge criminal records;

h) Handle complaints and accusations within the powers of the Court.

The court president, upon his absence, must mandate a vice presiding judge to carry out the judge's duties and power. Vice court president shall be held liable before The court president on the duties mandated.

2. When hearing criminal cases, The court president bears the following duties and authority:

a) Decide to enforce, alter or terminate measures for handling of evidences and detention;

b) Decide to implement or terminate civil commitment;

c) Decide to enable and deactivate summary procedures;

d) Propose and make appeal for cassation procedures against the Court‘s judgments and rulings in effect;

dd) Decide and perform other activities of legal proceedings within the Court’s powers;

e) Engage in other activities of legal proceedings as per this Law.

3. Vice court presidents, when assigned to hear criminal cases, bear the duties and authority as defined in Section 1 and Section 2 of this Article, save Point b, Section 1 of this Article. Vice court presidents are not permitted to settle complaints or accusations against their actions and decisions.

4. The court president and Vice court presidents are held liable under the laws for their actions and decisions. The court president and Vice court presidents are not permitted to mandate judges to carry out their duties and powers.

Article 45. Duties, authority and responsibilities of Judge

1. A judge, when assigned to hear criminal cases, bears the following duties and authority:

a) Examine case files prior to the start of a trial;

b) Hear cases;

c) Engage in other activities of legal procedure and vote on matters within the powers of the Trial panel;

d) Transact other activities of legal procedure within the Court’s powers as per The court president’s assignments.

2. The presiding judge has the duties and powers as stipulated in Section 1 of this Article and below:

a) Decide to implement, alter and abort preventive and coercive measures, save those for detention;

b) Decide to return case files for further investigation;

c) Decide to have cases heard; to dismiss or adjourn lawsuits;

d) Manage the hearing of cases, oral arguments in court;

dd) Decide to have expert examinations started newly or afresh or extended, to perform experimental investigations; to change or have expert witnesses replaced; to order valuation or have valuators changed;

e) Order or requisition the appointment or change of defense counsels; change of supervisors for perpetrators under 18; request the appointment and replacement of translators and interpreters;

g) Decide to summon witness testifiers to the Court;

h) Engage in other duties and powers of legal procedure within the Court’s powers as per The court president’s assignments according to this Law.

3. Judges shall be held liable under the laws for their actions and decisions.

Article 46. Duties, authority and responsibilities of lay assessors

1. The lay assessors on assignments to hear criminal cases bears the following duties and authority:

a) Examine case files prior to the start of a trial;

b) Hear cases;

c) Engage in activities of legal procedure and vote on the Trial panel’s intra vires matters.

2. The lay assessors shall be held liable under the laws for their actions and decisions.

Article 47. Duties, authority and responsibilities of Court clerk

1. Court clerks on assignments to handle criminal proceedings have the following duties and authority:

a) Verify the presence of persons receiving the Court’s subpoena; and specify excuses of those absent;

b) Announce the Court’s rules;

c) Report to the Trial panel about the list of persons convened and absent;

d) Record the Court’s proceedings in writing;

dd) Perform other activities of legal proceedings within the Court’s powers as per the assignments by The court president.

2. Court clerks are held liable under the laws and before the judge for their actions.

Article 48. Duties, authority and responsibilities of Verifier

1. Verifies on assignment to engage in criminal proceedings have the following duties and authority:

a) Examine files of lawsuits on which a Court has passed sentences in binding force, as per the assignments by The court president or Vice court presidents;

b) Conclude activities of verification and report to the tribunal president or Vice court presidents;

c) Verifiers facilitate The court president’s enforcement of sentences within the Court's powers and other assignments from The court president or Vice court presidents.

2. Verifiers shall be held liable under the laws and before The court president and Vice court presidents for their actions.

Article 49. Disapproval or replacement of persons given authority to institute legal proceedings

Persons given authority to institute legal procedure must refuse to engage in proceedings or submit to replacement in the following events:  

1. They are crime victims, litigants, or delegates, relatives of crime victims, litigants, suspects or defendants;

2. They have acted as defense counsels, witness testifiers, verifiers, valuators, interpreters or translators in the lawsuits;

3. Clear grounds of their potential bias at work are found.

Article 50. Individuals having the right to propose change of persons given authority to institute legal proceedings

1. Procurators.

2. Detainees, suspects, defendants, crime victims, civil plaintiffs, civil defendants and their representatives.

3. Defense counsels and protectors of legitimate rights and benefits for crime victims, civil plaintiffs and defendants.

Article 51. Replacement of investigators and investigation officers

1. Investigators and investigation officers must decline to engage in legal proceedings or submit to replacement in the following events:

a) As per stipulations in Article 49 of this Law;

b) They have engaged in legal proceedings of the lawsuit as procurators, checkers, judges, lay assessors, verifiers or Court clerks.

2. The head or vice heads of the investigation authority shall decide the replacement of investigators and investigation officers.

If the replaced investigator is the head of the investigation authority according to Section 1 of this Article, the superior investigation authority shall directly investigate the case.

Article 52. Replacement of Procurators and Checkers

1. Procurators and checkers must reject their engagement in legal proceedings or submit to replacement in the following events:

a) As per Article 49 of this Law;

b) They have engaged in legal proceedings in the lawsuit as investigators, investigation officers, judges, lay assessors, verifiers or Court clerks.

2. The head or vice heads of The procuracy assigned to settle lawsuits shall decide the replacement of procurators at equal level of hierarchy prior to the start of a trial.

If the replaced procurator is the head of The procuracy, the head of the superior Procuracy shall give direct decisions on relevant matters.

If a procurator must be changed during the Court's proceedings, the Trial panel shall adjourn the trial.

Article 53. Replacement of Judge and lay assessors

1. Judges and lay assessors must repudiate their hearing of trials or submit to replacement in the following events:

a) As per Article 49 of this Law;

b) They appear in the same trial panel and biologically related to each other;

c) They have heard cases in first-instance or appellate Courts or engaged in legal proceedings in such Courts as investigators, investigation officers, procurators, checkers, verifiers or Court clerks.

2. The court president or Vice court presidents assigned to settle the lawsuit shall decide the replacement of judges and lay assessors prior to the start of the trial.

If the replaced judge is The court president, the president of the immediate superior Court shall decide relevant matters.

The Trial panel decides the replacement of the judge or lay assessors by voting in the lay assessors’ room prior to the stage of interrogation. The lay assessors consider opinions of the lay assessors to be replaced and make decisions under majority rule.

If the judge or lay assessors are changed during the Court's proceedings, the Trial panel shall adjourn the trial.

Article 54. Replacement of Court clerks

1. Court clerks must demur to engage in legal proceedings or submit to replacement in the following events:

a) As per Article 49 of this Law;

b) They have engaged in legal proceedings of the lawsuit as procurators, checkers, investigators, investigation officers, judges, lay assessors, verifiers or Court clerks.

2. The tribunal president or Vice court presidents assigned to settle lawsuits shall decide to replace Court clerks prior to the start of the trial.

The Trial panel decides the replacement of Court clerks during the Court's proceedings.

If Court clerks in court must be changed, the Trial panel shall suspend the trial.

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