Chương XIV Bộ luật Tố tụng dân sự 2004: Phiên tòa sơ thẩm

Chapter XIV

FIRST-INSTANCE COURT SESSIONS

Section 1. GENERAL PROVISIONS ON FIRST-INSTANCE COURT SESSIONS

Article 196.- General requirements for first-instance court sessions

The first-instance court sessions must be conducted on the right times and at the right places inscribed in the decisions to bring the cases to trial or in the notices on reopening the court sessions in cases where the court sessions have been postponed.

Article 197.- Direct, oral and continuous hearing

1. The courts must directly ascertain details and facts of the cases by questioning and listening to the presentations of the plaintiffs, the defendants, persons with related rights and obligations, lawful representatives, defense counsels of the legitimate rights and interests of the involved parties and other participants in the procedures; examine and verify collected documents and evidences; listen to the opinions of the procuracies on the resolution of the cases if the procurators participate in the court sessions. Judgments shall only be rendered on the basis of the results of arguments and inquiries at the court sessions as well as the evidences which have been examined and verified at the court sessions.

2. The hearing shall be conducted orally and continuously, excluding breaks. Members of the Trial Panels shall hear the cases from the beginning to the end, except for the circumstances provided for in Clause 1, Article 198 of this Code.

In special circumstances prescribed by this Code, the hearing may be temporarily ceased for no more than five working days. Upon the expiry of that cessation time limit, the trial shall resume.

Article 198.- Replacement of Trial Panel members in special cases

1. Where judges or people's jurors cannot continue to participate in the trial, the trial may be continued if there are alternate judges or people's jurors if they are present at the court sessions from the beginning.

In cases where a Trial Panel consists of two judges and the presiding judge cannot continue to participate in the trial, the other judge being member of the Trial Panel shall act as the presiding judge of the court session and the alternate judge shall be added to be member of the Trial Panel.

2. In cases where there is no alternate judge or people's juror to replace a member of the Trial Panel, or where the presiding judge of the court session must be replaced while there is no judge for replacement as provided for in Clause 1 of this Article, the case shall be retried from the beginning.

Article 199.- Presence of plaintiffs at court sessions

1. The plaintiffs must be present at court sessions under court subpoena; if they are absent for the first time for plausible reasons, the court sessions must be postponed.

2. If a plaintiff has been duly summoned for the second time but is still absent, he/she/it shall be regarded as having waived his/her/its lawsuit and the court shall issue a decision to stop the resolution of the case. In cases where the court issues a decision to stop the resolution of the case, the plaintiff may initiate a lawsuit again provided that the statute of limitations for such initiation of lawsuit has not yet expired.

Article 200.- Presence of defendants at court sessions

1. The defendants must be present at court sessions under court subpoena; if they are absent for the first time for plausible reasons, the court sessions must be postponed.

2. If a defendant has been duly summoned for the second time but is still absent, the court shall continue to hear the case in his/her absence.

Article 201.- Presence of persons with related rights and obligations

1. Persons with related rights and obligations must be present at court sessions under court subpoena; if they are absent for the first time for plausible reasons, the court sessions must be postponed.

2. If the persons with related rights and obligations have been duly summoned for the second time but are still absent, the courts shall continue to hear the cases in their absence.

3. If the persons with related rights and obligations who make independent claims and have been duly summoned for the second time but are still absent, they shall be regarded as having waived their independent claims, and the courts shall issue decisions to stop the resolution of the cases in respect of the independent claims of the persons with related rights and obligations if the plaintiff and the defendant so agrees. In cases where the courts issue decisions to stop resolving the cases in respect of the independent claims, the persons with related rights and obligations shall be entitled to initiate lawsuits again in respect of their independent claims provided that the statute of limitations for such initiation of lawsuits has not yet expired.

Article 202.- Trial in absence of involved parties from court sessions

The courts shall proceed with the case hearing in the following circumstances:

1. The plaintiff, the defendant or the persons with related interests and obligations, who are absent from court sessions, file their applications to request the courts to conduct the trial in their absence;

2. The plaintiff, the defendant or the persons with related interests and obligations, who are absent from court sessions, have their lawful representatives to attend the court sessions;

3. The cases prescribed in Clause 2, Article 200 and Clause 2, Article 201 of this Code.

Article 203.- Presence of defense counsels of legitimate rights and interests of the involved parties

The defense counsels of legitimate rights and interests of the involved parties must attend court sessions under court subpoena. If they are absent for the first time for plausible reasons, the court sessions must be postponed. If the persons defending legitimate rights and interests of the involved parties are still absent after being summoned for the second time, the courts shall proceed with the case hearing. In this case, the involved parties shall themselves defend their legitimate rights and interests.

Article 204.- Presence of witnesses

1. Witnesses shall be obliged to attend court sessions under court subpoena to clarify details of the cases. Where the witnesses are absent but have earlier given their testimonies in person or sent their testimonies to courts, the judges presiding over the court sessions shall make public such testimonies.

2. Where witnesses are absent, the Trial Panels may decide to postpone the court sessions or keep hearing the cases. Where the witnesses are absent from the court sessions without plausible reasons and their absence hinders the trial, they may be escorted to court sessions under decisions of the Trial Panels.

Article 205.- Presence of expert-witnesses

1. Expert-witnesses shall be obliged to attend court sessions under court subpoena to clarify issues relating to the expertise and expertising conclusions.

2. Where the expert-witnesses are absent, the Trial Panels shall decide to postpone the court sessions or keep hearing the cases.

Article 206.- Presence of interpreters

1. Interpreters shall be obliged to attend the court sessions under court subpoena.

2. Where the interpreters are absent without substitutes, the Trial Panels shall decide to postpone the court sessions, except for cases where the involved parties keep requesting to continue the trial.

Article 207.- Presence of procurators

1. The procurators assigned by the heads of the procuracies of the same level shall have the duty, to attend the court sessions.

2. Where the procurators are replaced at court sessions or cannot continue to participate in the trial sessions and the alternate procurators are available, the latter may attend the court sessions for continued trial of the cases if they are present at the court session from the beginning.

In cases where alternate procurators are not available for replacement, the Trial Panels shall decide to postpone the court sessions and promptly notify the heads of the procuracies of the same level thereof.

Article 208.- Time limit for postponing a court session and decision to postpone a court session

1. In cases where the trial panel decides to postpone the court session according to the provisions of Clause 2 of Article 51, Clause 2 of Article 72 and Articles 199, 200, 201, 203, 204, 205, 206, 207 and 215, and Clause 4 of Article 230, of this Code, the time limit for postponement of a first-instance court session shall not exceed thirty days after the issue of the decision to postpone the court session.

2. A decision to postpone a court session must contain the following principal details:

a) Date of its issuance;

b) Name of the court and full names of persons conducting the procedures;

c) The case to be brought to trial;

d) Reasons for the postponement of the court session;

f) Time and venue for re-opening of the court session.

3. The decisions to postpone the court sessions must be signed by the judges presiding over the court sessions on behalf of the trial panels and be publicly notified to procedure participants. For absent persons, the courts shall immediately send the decisions to them and concurrently to the procuracies of the same level.

4. In cases where the courts cannot re-open the court sessions on the right time and at the right places inscribed in the decisions to postpone the courts sessions, the courts must immediately notify the procuracies of the same level and procedure participants of the time and venues for re-opening the court sessions.

Article 209.- Internal rules of court sessions

1. People aged under16 years shall not be allowed to enter the court rooms, except where they are summoned by courts to attend the court sessions.

All people present in the court room must stand up as the Trial Panel enters the court room, respect the Trial Panel, maintain order and strictly follow the instructions of the presiding judge of the court session.

Only those persons who are permitted by the trial panel can raise questions, reply or give statement. The persons who question, reply or give statement must stand up, except where they are permitted by the presiding judges of the court sessions to sit while making questions, replies or statements for health reasons.

2. The Chairman of the Supreme People's Court shall base him/herself on the provisions of Clause 1 of this Article to issue the internal rules of court sessions.

Article 210.- Procedures for rendering court judgments or decisions at court sessions

1. Judgments must be discussed and adopted by the Trial Panels in the deliberation rooms.

2. Decisions to replace the procedure-conducting persons, expert-witnesses, interpreters, to transfer the cases, to suspend or stop the resolution of cases, or to postpone court sessions must be discussed and adopted at the deliberation rooms and made in writing.

3. Decisions on other matters shall be discussed and adopted by the Trial Panels at the court rooms and need not to be made in writing but must be recorded in the minutes of the court sessions.

Article 211.- Minutes of court sessions

1. Minutes of a court session must be fully inscribed with the following details:

a) Main contents of the decision to bring the case to trial as stipulated in Clause 1 of Article 195 of this Code;

b) All developments at the court session from the beginning to the end;

c) Questions, answers and statements given at the court session.

2. Apart from recording the minutes of court sessions, the audio-recording and/or video-recording of the developments of the court session can be made only when it is consented by the Trial Panels.

3. At the end of a court session, the presiding judge of the court session must examine the minutes and co-sign on the minutes with the court clerk.

4. The procurator and procedure participants shall be entitled to read the minutes of the court session immediately after the end of the court session and request the inclusion of amendments or additions into the minutes and sign for certification.

Article 212.- Preparing for the opening of a court session

Before the opening of a court session, the court clerk must perform the following jobs:

1. Briefing on the internal rules of the court session;

2. Examining and identifying the absence or presence of the persons participating in the court sessions under the court's subpoenas or notices; if any person is absent, the reasons therefor must be clarified;

3. Maintaining order in the court room;

4. Requesting all people present in the court room to stand up when the Trial Panel enters the court room.

Section 2. PROCEDURES FOR COMMENCING A COURT SESSION

Article 213.- Opening a court session

1. The presiding judge of the court session shall open the court session and read out the decision to bring the case to trial.

2. The court clerk shall then report to the Trial Panel on the presence and absence of the persons participating in the court session under the court's subpoenas or notices and the reasons for their absence.

3. The presiding judge shall cross-check the presence of the participants in the court session under the court's subpoenas or notices and examine identities of the involved parties.

4. The presiding judge shall explain the rights and obligations of the involved parties and other procedure participants.

5. The presiding judge shall introduce full names of the procedure-conducting persons, expert-witnesses, interpreters.

6. The presiding judge shall ask persons who are entitled to request the replacement of procedure conductors, expert-witnesses or interpreters to see if they wish to replace anyone.

Article 214.- Handling requests for replacement of procedure conductors, expert-witnesses and/or interpreters

In cases where certain persons request the replacement of procedure conductors, expert-witnesses and/or interpreters, the trial panels must consider and decide in accordance with procedures stipulated in this Code and may accept or not accept such request. In case of non-acceptance, the reasons therefor must be clearly stated.

Article 215.- Considering and deciding on the postponement of court sessions upon someone's absence

When any procedure participants are absent from court sessions and they do not fall into the cases where the courts must postpone the court sessions, the presiding judges must ask to see if there is any one requesting the postponement of the court sessions or not. If there is, the Trial Panels shall consider and decide thereon according to the procedures stipulated in this Code and may accept or not accept such request. In case of non-acceptance, the reasons therefor must be clearly stated.

Article 216.- Securing the objectivity of witnesses

1. Before witnesses are asked about matters they know, which are related to the resolution of the cases, the presiding judges may decide to take necessary measures so that witnesses cannot hear each other's testimonies nor contact the relevant persons.

2. In cases where the testimonies of the involved parties and the witnesses are interrelated, the presiding judges may decide to isolate the involved parties from the witnesses before the witnesses are questioned.

Section 3. PROCEDURES FOR INQUIRIES AT COURT SESSIONS

Article 217.- Inquiring the involved parties about change, supplementation or withdrawal of their claims

The inquiring process shall start with the presiding judge's inquiry of the involved parties about the following issues:

1. Inquiring the plaintiffs to see whether or not they wish to change, supplement or withdraw part or whole of their lawsuit petitions;

2. Inquiring the defendants to see whether or not they wish to change, supplement or withdraw part or whole of their counter-claims;

3. Inquiring the persons with related rights and obligations who make independent claims to see whether or not they wish to change, supplement or withdraw part or whole of their independent claims.

Article 218.- Considering the change, supplementation or withdrawal of claims

1. The trial panels shall accept the change and/or supplementation of the involved parties' claims, if such change or supplementation does not fall beyond the scope of their original lawsuits, counter-claims or independent claims.

2. Where an involved party voluntarily withdraws part or whole of his/her claim, the Trial Panel may accept such request and stop the trial regarding the withdrawn part or whole of the claim.

Article 219.- Changing the procedural status

1. Where the plaintiff withdraws the entire lawsuit claim, but the defendant still maintains his/her counterclaims, the defendant shall become the plaintiff and the plaintiff shall become the dependant.

2. Where the plaintiff withdraws the entire lawsuit claim and the defendant withdraws the entire counterclaims, but persons with related rights and obligations still maintain their independent claims, the persons with related rights and obligations shall become plaintiffs while the persons who are obliged under the independent claims shall become defendants.

Article 220.- Recognizing the agreements of involved parties

1. The presiding judge shall ask whether the involved parties can reach mutual agreement on the resolution of the cases or not. In cases where they reach agreements on the resolution of the cases and their agreements are voluntary, not contrary to law or social ethics, the trial panels shall issue decisions to recognize their agreements on the resolution of the cases.

2. The court decisions recognizing the involved parties' agreements on the resolution of the cases shall take legal effect.

Article 221.- Listening to the involved parties' presentations

1. In cases where certain involved parties still maintain their claims and cannot reach agreements on the resolution of the cases, the Trial Panels shall commence the hearing the cases by listening to presentations of the involved parties in the following order:

a) The defense counsels of the plaintiff's legitimate rights and interests shall present the plaintiff's claims and evidences to prove that their claims are well-grounded and lawful. The plaintiff shall be entitled to give additional opinions.

In cases where agencies or organization institute the cases, their representatives shall present the lawsuit claims and evidences to prove that their lawsuit claims are well-grounded and lawful.

b) The defense counsels of the defendant's legitimate rights and interests shall present the defendant's opinions on the plaintiff's claims; the defendant's counter-claims and proposals as well as evidences to prove that such proposals are well grounded and lawful. The defendant shall be entitled to give additional opinions.

c) The defense counsels of the legitimate rights and interests of persons with related rights and obligations shall present the latter's opinions on the claims and proposals of the plaintiff and the defendant; independent claims and proposals of the persons with related rights and obligations as well as evidences to prove that such proposals are well grounded and lawful. The persons with related rights and obligations shall be entitled to give additional opinions.

2. In cases where the plaintiff, the defendant or the persons with related rights and obligations have no defense counsels of their legitimate rights and interests, they shall present by themselves their claims and proposals as well as evidences to prove that such claims and proposals are well grounded and lawful.

3. At the court sessions, the involved parties and defense counsels of their legitimate rights and interest are entitled to supplement evidences to prove their respective claims and proposals.

Article 222.- Sequence of inquiry at court sessions

After listening to presentations by the involved parties, the inquiry of each person about each matter shall be carried out in the order that the presiding judge shall inquire first, then the people's jurors; the defense counsels of legitimate rights and interests of the involved parties; then the involved parties, and other procedure participants. Where procurators participate in count sessions, their inquiries shall follow the involved parties' inquiries.

Article 223.- Inquiring plaintiffs

1. In cases where there are more than one plaintiff, they shall be inquired and separately one by one.

2. The plaintiffs shall be inquired only about matters presented by themselves or by the defense counsels of their legitimate rights and interests which are unclear, inconsistent or contradictory to their previous testimonies, or contradictory to the presentations of the defendant, the persons with related rights and obligations and/or the defense counsels of their legitimate rights and interests.

3. Plaintiffs may themselves reply or the defense counsels of their legitimate rights and interests may reply on their behalf, then the plaintiffs may give additional answers.

Article 224.- Inquiring defendants

1. In cases where there are more than one defendant, each defendant shall be inquired separately.

2. The defendants shall only be inquired about matters which have been unclearly presented by themselves or the defense counsels of their legitimate rights and interests or have been inconsistent or contradictory to their previous testimonies, or contradictory to the claims of the plaintiffs or the persons with related rights and obligations and/or the defense counsels of their legitimate right and interests.

3. Defendants may answer questions by themselves or the defense counsels of their legitimate rights and interests answer on their behalf before the defendants give additional answers.

Article 225.- Inquiring persons with related rights and obligations

1. In cases where there are more than one person with related rights and obligations, each of them shall be inquired separately.

2. The persons with related rights and obligations shall only be inquired about matters which have been unclearly presented by themselves or by the defense counsels of their legitimate rights and interests or have been inconsistent or contradictory to their previous testimonies or contradictory to the claims of the plaintiffs or proposals of the defendants or the defense counsels of legitimate rights and interests of these persons.

3. Persons with related rights and obligations may answer questions by themselves or the defense counsels of their legitimate rights and interests answer on their behalf before they give additional answers.

Article 226.- Inquiring witnesses

1. In cases where there are more than one witness, each of them shall be inquired separately.

2. Before questioning witnesses, the presiding judges shall ask clearly about the relations between them and parties involved in the cases; if witnesses are minors, the presiding judges may request their parents, guardians or teachers to help in the inquiries.

3. The presiding judges shall request the witnesses to present details of the cases which they know. After the witnesses complete their presentations, they may only be further questioned about points which they have presented unclearly, incompletely or inconsistently or which have been contradictory to their previous testimonies, contradictory to the presentations of the involved parties and/or the defense counsels of the involved parties' legitimate rights and interests.

4. After completing their presentations, the witnesses shall stay in the court rooms so that they may be further questioned.

5. In cases where it is necessary to secure the safety of the witnesses or their relatives, the Trial Panels may decide not to disclose information on their personal identities and must keep them from being seen by attendants to the court sessions.

Article 227.- Disclosing case documents

1. The Trial Panels shall make public case documents in the following cases:

a) Procedure participants are absent from court sessions but have given their testimonies during hearing preparation;

b) Testimonies given at court sessions by procedure participants are contradictory to their previous testimonies;

c) In other cases where the Trial Panels deem it necessary or where the procurators or procedure participants so request.

2. In special cases where it is necessary to keep State secrets, to preserve the nation's fine customs and practices, to keep professional secrets, business secrets or private secrets at the requests of the involved parties, the trial panels shall not disclose documents included in the case files.

Article 228.- Hearing audio-tapes and/or discs, watching video tapes and/or discs

At the request of the procurators or the procedure participants or when deeming it necessary, the Trail Panels may arrange for the audio tapes and/or discs to be heard, and/or video tapes and/or discs to be screened at court sessions, except for the cases stipulated in Clause 2 of Article 227 of this Code.

Article 229.- Examining exhibits

Exhibits, photos or records certifying exhibits may be presented for examination at court sessions.

When necessary, the Trial Panels may go together with the involved parties for on-site examination of exhibits which can not be brought to court sessions.

Article 230.- Inquiring expert-witnesses

1. The presiding judges shall request the expert-witnesses to present their conclusions on matters they have been assigned to expertise. During their presentations, the expert-witnesses may give additional explanations on the expertising conclusions and the grounds to make such conclusions.

2. Procurators and procedure participants present at court sessions shall be entitled to give comments on the expertising conclusions, to ask about matters which are unclear or contradictory in the expertising conclusions or contradictory to other details of the cases.

3. In cases where the expert-witnesses are absent from court sessions, the presiding judges shall publicize the expertising conclusions.

4. If any procedure participants disagree with the expertising conclusions publicized at court sessions and request the expert-witnesses to make additional expertise or re-expertise, if deeming that the additional expertise or the re-expertise is necessary for the settlement of the cases the Trial Panels shall decide on the additional expertise or re-expertise; in this case, the Trial Panels shall decide to postpone the court sessions.

Article 231.- Concluding the inquiries at court sessions

When deeming that the case details have been fully examined, the presiding judges shall ask the procurators, the involved parties, the defense counsels of the legitimate rights and interests of the involved parties and other procedure participants whether they request to ask about any matters or not; in cases where someone has such request and he/she deems that such request is well grounded, the presiding judges shall decide to continue the inquiries.

Section 4. ARGUMENT AT COURT SESSIONS

Article 232.- Order for making arguments

1. At the end of the inquiring process, the Trial Panels shall move on to the arguments at court sessions. The order for making arguments shall be as follows:

a) The defense counsels of the plaintiffs' legitimate rights and interests shall make their presentations. The plaintiffs may make additional comments. In cases where agencies or organizations initiate lawsuits, the representatives of such agencies or organizations shall present their opinions. The persons having their rights and interests protected may give additional comments;

b) Defense counsels of the defendants' legitimate rights and interests shall make their presentations. The defendants may make additional comments;

c) Defense counsels of the legitimate rights and interests of persons with related rights and obligations shall make presentations. Persons with related rights and obligations may make additional comments.

2. In cases where the plaintiffs, the defendants or persons with related rights and obligations have no one to defend their legitimate rights and interests, they shall themselves make presentations during the arguments.

Article 233.- Presentations during arguments and responses

When making presentations on the assessment of evidences or expressing their views on the resolution of cases, persons participating in the arguments must base themselves on documents and evidences that have been collected, examined and verified at court sessions as well as results of the inquiring process at court sessions. They may respond to the opinions of others. The presiding judges must not limit the argument time but create conditions for persons participating in the arguments to fully express their opinions, but may interrupt ideas irrelevant to the cases.

Article 234.- Presentations of procurators

In cases where procurators attend court sessions, after the procedure participants present their arguments and responses, the presiding judges shall ask the procurators to express the procuracies' views on the resolution of the cases.

Article 235.- Resuming inquiries

Through arguments, if deeming that details of the cases have not been considered, or have been considered insufficiently, or it is necessary to additionally examine evidences, the trial panels shall decide to resume the inquiring process. Once the inquiries end, the arguments must continue.

Section 5. DELIBERATION AND PRONOUNCEMENT OF JUDGMENTS

Article 236.- Deliberation

1. At the end of arguments, the trial panels enter the deliberation rooms to deliberate the cases.

2. Only members of the trial panels can participate in the deliberation. During the deliberation, the trial panel members must resolve all matters of the cases by way of majority voting on matter by matter. The people's jurors shall vote first while the judges shall vote last. The minority may express their opinions in writing which shall be recorded in the case files.

3. Deliberation must be based only on documents and evidences which have been examined considered at court sessions, results of inquiries at court sessions and the full consideration of opinions of procedure participants and procurators.

4. Deliberation must be recorded in minutes specifying all opinions discussed and decisions of the trial panels. The deliberation records must be signed at the deliberation rooms by all members of the trail panels before the judgments are pronounced.

5. Where the cases involve many complicated circumstances and the deliberation requires a longer time, the trial panels may decide on the deliberation time limit which, however, shall not exceed five working days after the end of arguments at court sessions.

The trial panels must inform all persons present at court sessions and the absent procedure participants of the hours, date and place where the judgments shall be pronounced; if the trial pPanels have made the notification while some proceeding participants are absent, the trial panels shall still proceed with the pronouncement of judgments as provided for in Article 239 of this Code.

Article 237.- Resumption of inquiries and arguments

Through deliberation, if deeming that details of the cases have not been considered, the inquiries have yet been sufficient or evidences should be further examined, the trial panels may decide to resume the inquiries and arguments.

Article 238.- First-instance judgments

1. Courts shall render judgments in the name of the Socialist Republic of Vietnam.

2. A judgment shall contain an introduction, contents of the case and assessment of the court, and the court's decision.

3. The introduction section of the judgment must clearly state the name of the first-instance court; the serial number and date of the case acceptance; the serial number of the judgment and the date of judgment pronouncement; full names of the members of the trial panel, the court clerk, the procurators, expert-witnesses and interpreter (if any); full names and addresses of the plaintiff, defendant, persons with related rights and obligations; agencies or organizations initiating the lawsuit; the lawful representatives, the defense counsels of the legitimate rights and interests of the involved parties; subject matter of the dispute; the serial number and date of the decision to bring the case to public trial or closed trial; time and place of trial.

4. The section of the judgment contents and court assessment must state the lawsuit claims of the plaintiff; the lawsuit of the agency or organization, the defendant's counter-claim; independent claims of persons with related rights and obligations; assessment of the court; points, clauses and articles of the legal documents which the court used as grounds for the resolution of the case.

The court assessments must analyze grounds for acceptance or non-acceptance of the claims, proposals of the involved parties, the defense counsels of the legitimate rights and interests of the involved parties.

5. The court ruling section must clearly state the court decisions on each issue to be resolved in the case, on court fees and right to appeal against the judgment; in cases where there are decisions which must be executed immediately, such decisions must be clearly stated.

Article 239.- Pronouncing judgments

Upon pronouncement of a judgment, all people in the court room must rise up, except for special cases permitted by the presiding judge. The presiding judge or another member of the trial panel reads out the judgment and may, after reading the full text of the judgment, give further explanation of the judgment execution and the right to appeal.

In cases where any involved parties do not know Vietnamese, the interpreter must interprete the judgment in full into the language they know.

Article 240.- Amendment or supplementation of judgments

1. A judgment, once pronounced must not be amended or supplemented, except where obvious mistakes in spelling, in data due to confusion or miscalculation are detected. The amendment or supplementation must be immediately notified to persons having rights and/or obligations related thereto; and at the time to agencies, organizations initiating the lawsuits and procuracies of the same level

2. The judgment amendment or supplementation stipulated in Clause 1 of this Article must be made by judges in coordination with the people's jurors being members of the trial panel. In cases where such judges no longer hold the judge's position, the courts' chief judges shall make such amendment or supplementation.

Article 241.- Supplying judgment extracts and judgments

1. Within three working days after the end of a court session, the involved parties, agencies or organizations initiating the lawsuits shall be supplied with judgment extracts by the court.

2. Within ten days as from the date of judgment pronouncement, the court shall hand over or send the judgment to the involved parties, agencies or organizations initiating the lawsuit and the procuracy of the same level.