Chương XIX Bộ luật Tố tụng Hình sự 2003: Thủ tục bắt đầu phiên toà

Chapter XIX: PROCEDURES FOR OPENING COURT SESSIONS

Article 201.- Procedures for opening court sessions

To open a court session, the presiding judge shall read the decision to bring the case for trial.

After listening to the court clerk reporting on the list of summoned persons who are present, the presiding judge shall examine the identity cards of such persons and explain to them their rights and obligations at the court session.

Where a defendant has not yet been handed the indictment under the provisions of Clause 2, Article 49 and decision to bring the case for trial within the time limit defined in Clause 1, Article 182 of this Code, and if he/she requests, the trial panel must postpone the court session.

Article 202.- Settlement of requests for change of judges, jurors, procurators, court clerk, experts and/or interpreters

Procurators and participants in the procedure must be asked by the presiding judges whether or not they request to change judges, jurors, procurators, court clerks, experts and/or interpreters. If any of them makes such a request, the trial panel shall consider it and make a decision thereon.

Article 203.- Explanation of the rights and obligations of interpreters and experts

If there are interpreters and/or experts participating in the court sessions, the presiding judges shall introduce their full names, occupations or positions and clearly explain their rights and obligations. These persons must pledge to properly perform their tasks.

Article 204.- Explanation of the rights, obligations of witnesses, and isolation of witnesses

1. After asking the full name, age, occupation and residence place of each witness, the presiding judges shall clearly explain their procedural rights and obligations. Witnesses must pledge not to give false testimonies. Particularly, minor witnesses shall not be required to make such pledge.

2. Before witnesses are questioned about the cases, the presiding judges may decide to apply various measures in order to prevent witnesses from hearing each other’s testimonies or meeting with other concerned persons. In cases where the testimonies of defendants and witnesses may influence one another, the presiding judges may decide to separate defendants from witnesses before questioning witnesses.

Article 205.- Settlement of requests for examination of evidences and postponement of court sessions due to the absence of persons concerned

The presiding judges must ask procurators and participants in the procedure whether or not they request to summon more witnesses or to produce more exhibits and documents for examination. If any of the participants in the procedure is absent, the presiding judges must also ask whether or not any of the above-said persons requests to postpone the court sessions. If any person so requests, the trial panels shall consider and decide.