Chương XX Bộ luật Tố tụng hình sự 2015: Những quy định chung

Chapter XX

GENERAL

Article 250. Direct, verbal and uninterrupted adjudication

1. The trial shall be conducted through verbal communication.

The Trial panel shall directly determine facts of  the case by asking and listening to the defendants, crime victims or their representatives, witness testifiers, expert witnesses and other attendees summoned by the Court. The lay assessors shall consider and examine documents and evidences collected; announce written records and documents and engage in other legal proceedings to inspect evidences. The lay assessors shall listen to procurators, defense counsels, and protectors of legitimate benefits and rights of the crime victims and litigants.

2. The trial shall not be interrupted, save break time and halt.

Article 251. Temporary halt to trial

1. The trial may be halted in one of the following events:

a) Evidences, document and items must be verified, gathered or supplemented; however, such tasks are not viable in court and shall be fulfilled in 05 days' time upon the temporary halt to the trial;

b) Authorized procedural persons and participants in legal proceedings, due to health conditions, force majeure or objective obstacles, cannot continue their attendance in court; however, they can reappear in court in 05 days' time upon the temporary halt to the trial;

c) The court clerk is absent from the Courtroom.

2. The temporary halt to the trial shall be inputted into the written record of the Court and announced to participants in legal proceedings. The duration of a temporary halt to a trial shall not exceed 05 days upon the issuance of the decision to halt the trial. Upon the expiration of the halt, the trial resumes. If the trial cannot resume, it shall be adjourned.

Article 252. The Court’s verification, collection and addition of evidences

A Court verifies, collects and adds evidences through the following activities:

1. Obtain evidences, documents and items in connection with the case from authorities and entities;

2. Request authorities and entities to provide documents and items related to the case;

3. Assess on site evidences not movable to the Courtroom;

4. Assess crime scenes or other sites in connection with the case;

5. Requisition expert examination or property valuation, except for situations that require mandatory expert examination or property valuation as per Article 206 and Article 215 of this Law; requisition additional or repeated expert examinations and repeated valuation of property;

6. If The procuracy fails to provide additional proofs according to the Court's request, the Court shall verify and collect documents and evidences to settle the case.

Article 253. Procurement of evidences, documents and items related to the case

1. The presiding judge of the Court shall procure evidences, documents and items of the case from authorities and entities and pose questions to the providers of such articles about matters in connection with such evidences, documents and items. The procurement shall be executed in writing.

2. The Court, upon receiving evidences, documents and items from authorities and entities, must forward such to the equivalent Procuracy. The procuracy, in 03 days upon receiving evidences, documents and items, shall assess and return such articles to the Court to be put in the case file.

Article 254. Composition of a trial panel

1. A trial panel of a first-instance Court is composed of one judge and two lay assessors.  A trial panel of a first instance Court adjudicating a serious and complex case shall comprise two judges and three lay assessors.

Two judges and three lay assessors shall constitute a trial panel of a first-instance Court adjudicating defendants whose crimes are punishable by life imprisonment or death as per the Criminal Code.

2. A trial panel of an appellate Court shall comprise three judges.

Article 255. Decision to hear a case

1. A decision to bring a case to trial shall detail:

a) Issue date of the decision; name of the Court’s issuing the decision; date, time and location of the trial;

b) Public or secret trial;

c) Full name, date of birth, place of birth, occupation and residential address of the defendants;

d) Offence titles, points, sections and articles of the Criminal Code, which are quoted by The procuracy to prosecute defendants;

dd) Full name of judge(s), lay assessors, Court clerk; full name of reserve judge(s), lay assessor(s) and Court clerk(s), if any;

e) Full name of procurators exercising prosecution rights and administering the trial; full name of reserve procurators (if any);

g) Full name of defense counsels (if any);

h) Full name of interpreters (if any);

i) Full name of other individuals summoned to the Court;

k) Evidences taken to and assessed in court.

2. A decision to hear a case in an appellate Court shall state details as defined in Point a, b, e, g, h, i and k, Section 1 of this Article; offence titles and punishments ruled by the first-instance Court; full name of the appellant and appellee; The procuracy filing appeals; full name of judge(s) and Court clerk; full name of reserve judge(s) and Court clerk(s), if any.

Article 256. Internal rules of a Court

1. Every person in court must be dressed properly, conform to the security check and follow the guidelines given by The court clerk.

2. Every person in court must respect the Trial panel, maintain order and follow the instructions by The presiding judge.

3. Every person in court must stand up when the Trial panel enters the Courtroom and pronounces judgments. The defendants must stand up when the procurator announce the charges or the decision to prosecute. The persons summoned by the Court must obtain The presiding judge’s permission before stating their opinions. The persons giving opinions must stand up when stating their viewpoints and responding to questions.

The presiding judge may permit individuals to remain seated due to health conditions.

4. In court, the defendants in detention shall only interact with their defense counsels. They must obtain The presiding judge's permission before interacting with other people.

5. People less than 16 years of age shall not enter the Courtroom, unless summoned by the Court.

Article 257. Courtroom

1. The Courtroom must be arranged to uphold solemnity, safety and equality between individuals exercising prosecution rights and lawyers or defense counsels.

2. The court president of the Supreme People’s Court shall regulate the details of this Article.

Article 258. Records of Court

1. A written record of a Court shall detail time, date and location of the trial and every event in court from start to finish. Apart from the written record, the Court's progress may be recorded by sound or sound-and-visual means.

2. Questions, answers, presentations and rulings in court shall be inputted into the written record.

3. The presiding judge, at the end of the trial, must examine the Court record. The signatures of his and The court clerk’s shall be affixed on to the record.

4. After The presiding judge and Court clerk sign the Court record, the procurator, defendants, defense counsels, crime victims, litigants and protectors of legitimate rights and benefits of crime victims and litigants and their representatives shall be permitted to read the Court record. If amendments to the Court record are requested, The court clerk shall input such amendments into the Court record. A Court record shall not be erased or modified directly. Amendments shall be inputted at the bottom of the record and endorsed by the signatures of The presiding judge and Court clerk. If The presiding judge disapproves such request, he must state reasons in The court clerk.

Article 259. Records of deliberation

1. Deliberation must be executed in writing.

All members of the Trial panel must sign the record of deliberation in the retiring room before pronouncing judgments.

2. The record of deliberation by a trial panel of a first-instance Court shall detail:

a) Time and date of the record; name of the Court holding the trial;

b) Full name of judge(s) and lay assessors;

c) The case being adjudicated;

d) Result of the Trial panel’s voting on issues argued according to Section 3, Article 326 of this Law, and other opinions (if any).

3. The record of deliberation by a trial panel of an appellate Court must specify details as per point a, c and d, Section 2 of this Article and full name of judges.

Article 260. Judgments

1. A Court passes judgments in the name of the Socialist Republic of Vietnam.

Judgment provided in written form must bear signatures of all members of the Trial panel.

2. The judgments of a first instance Court must specify:

a) 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;

b) 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;

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

d) 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;

dd) 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;

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

g) 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.

3. The judgment of an appellate Court must specify:

a) 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;

b) 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;

c) 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.

Article 261. Amendments to a judgment

1. A judgment shall not be amended unless it contains apparent errors in spelling or figures due to confusion or miscalculation.

Amendments to a judgment shall not alter the nature of the case or lead to the disadvantage of defendants or other participants in legal proceedings.

Amendments to a judgment shall be executed in writing and promptly given to the individuals as defined in Article 262 of this Law.

2. Amendments to a judgment as per Section 1 of this Article shall be subject to the decisions by The presiding judge of the Court passing such judgment. If The presiding judge is unable to adopt the said amendments, The court president of the Court adjudicating the case shall ratify them.

Article 262. Delivery of judgments

1. A first-instance Court, in 10 days upon pronouncing a judgment, must deliver such judgment to the defendants, crime victims, the equivalent Procuracy, defense counsels and defendants convicted in absentia according to Point c, Section 2, Article 290 of this Law, the immediate superior Procuracy, equivalent investigation authority, competent authority enforcing criminal sentences, detention or penal facility holding defendants in captivity. Moreover, written notices shall be sent to local authorities at the commune, ward or town where defendants reside or to defendants’ workplaces or educational facilities. Furthermore, litigants or their representatives shall receive copies or relevant extracts of the judgments.

The judgments, if passed in a trial in absentia according to Point a or Point b, Section 2, Article 290 of this Law, shall be posted at the People’s committee of the commune, ward or town where defendants last resided or at their last workplaces or educational facilities within the time limit as stated above.

The first-instance Court shall deliver its judgments to a competent authority enforcing civil sentences if such judgments expresses pecuniary fine, confiscation of property and civil rulings according to the Law on civil sentence enforcement.

2. An appellate Court, in 10 days upon pronouncing a judgment or issuing a ruling, must deliver such appellate judgment or ruling to the equivalent Procuracy, competent authority enforcing criminal sentences, investigation authorities, procuracies, the Court of first instance, detention or penal facility holding defendants in captivity, appellants, individuals having interests and duties related to the appeals or their representatives. Moreover, the competent authority enforcing civil sentences shall receive the appellate judgment expressing pecuniary fines, confiscation of property and civil rulings. Furthermore, written notices shall be sent to local authorities of the commune, ward or town where defendants reside or to their workplaces or educational facilities. If the Higher People’s Court hears the appeals, the time limit stated above may be extended for 25 more days at most.

Article 263. Interpretation in a Courtroom

1. If a defendant, crime victim, litigant or witness testifier does not speak Vietnamese or suffers from mutism or deafness, an interpreter shall explicate presentations, questions and answers in court, the Trial panel’s rulings and relevant matters for them to perceive.

2. The interpreter must translate presentations, questions and answers made by individuals as defined in Section 1 of this Article into Vietnamese for the Trial panel and other attendees in court to grasp.

Article 264. Requisition for rectification of shortcomings and violations in managerial tasks

1. The Court, when passing a judgment, shall ask concerned authorities and organizations to implement essential measures to rectify causes and circumstances leading to criminal acts at such authorities or organizations. Authorities and organizations, in 30 days upon receiving the Court’s requisition, must inform the Court in writing of measures taken.

2. The Court’s requisition, along with the judgments, may be read out in court or sent privately to concerned authorities or organizations.

Article 265. Requisition for competent authorities’ revision of legislative documents

The Court, when adjudicating a criminal case, shall detect and propose competent authorities’ revision or abrogation of legislative documents in violation of the Constitution, laws, resolutions passed by the National Assembly, ordinances and decrees passed by Standing Committee of the National Assembly to guarantee legitimate rights and benefits of authorities and entities.

The contemplation of matters and respond to the Court about the handling of legislative documents proposed shall be governed by the laws.

Article 266. Duties and authorities of The procuracy exercising prosecution rights during the stage of adjudication

1. The procuracy, when exercising prosecution rights during the stage of a trial of first instance, shall bear the following duties and authority:

a) Announce the accusations and decisions to prosecute through summary procedures and other decisions on charges against defendants in court;

b) Pose questions, assess evidences, and examine scenes;

c) Engage in the arraignment, oral arguments, revoke parts or all of the decisions to prosecute, conclude other equivalent or lesser crimes, and state the Procuracy's standpoints on the settlement of the case in court;

d) Appeal against the judgments or rulings of the Court, which are unjust or incorrect or which omit crimes and offenders.

dd) Perform other duties and authority to exercise prosecution rights at a first-instance trial as per this Law.

2. The procuracy, when exercising its prosecution rights to hear appeals, shall bear these duties and authority:

a) State opinions on the appeals;

b) Add new evidences;

c) Amend the appeals o revoke parts or all of the appeals;

d) Pose questions, assess evidences, and examine scenes;

dd) State the Procuracy's opinions on the settlement of case in court and meeting session;

e) Engage in oral arguments with the defendants, defense counsels and other participants in legal proceedings in court;

g) Perform other duties and authority when exercising prosecution rights at an appellate trial as per this Law.

Article 267. Duties and authority of the Procuracy administering the trial

1. Administer legal compliance of the Court’s hearing of criminal cases.

2. Administer legal compliance of participants in legal proceedings, request competent authorities to handle participaints in legal proceedings, who breach the laws.

3. Administer judgments, rulings and other procedural documents of the Court

4. Request the equilvaint Court or lower authorities to transfer the cases to consider and decide the appeals.

5. Appeal against the Court’s judgments and decision in serious of violations of legal proceedings.

6. Request the Court, authorities and entities to conduct procedural activities as defined in this Law; request the Court to rectify procedural violations.

7. Request concerned authorities and organizations to implement preventive measures against crimes and breach of law in managerial tasks.

8. Exercise the right to make other requests and perform other duties and powers when administering the criminal trial as per this Laws.