Chương XXVII Bộ luật Tố tụng hình sự 2015: Thủ tục xem xét lại quyết định của hội đồng thẩm phán Tòa án nhân dân tối cao

Chapter XXVII

PROCEDURES FOR THE REVIEW OF RULINGS BY THE JUSTICES’ COUNCIL OF THE SUPREME PEOPLE’S COURT

Article 404. Requests, requisitions and propositions for the review of rulings by the Justices’ Council of the Supreme People’s Court

1. In the presence of grounds that indicate the serious breach of laws in the rulings by the Justices’ Council of the Supreme People’s Court, the Justices’ Council of the Supreme People’s Court must meet and review such rulings at the requests by the Standing Committee of the National Assembly or as per the requisitions by the Judiciary Committee of the National Assembly or the head of the Supreme People’s Procuracy or according to the propositions by President of the Supreme People’s Court. The same applies upon the revelation of new significant facts that were beyond the knowledge of the Justices’ Council of the Supreme People's Court upon the passing of its rulings and may alter the fundamentals of such rulings.

2. The president of the Supreme People’s Court, at the requests the Standing Committee of the National Assembly, shall be held responsible for reporting to the Justices’ Council of the Supreme People’s Court for the review of the rulings of the Justices’ Council of the Supreme People's Court.

3. In response to the requisitions by the Judiciary Committee of the National Assembly and the head of the Supreme People's Procuracy, the Justices’ Council of the Supreme People's Court shall conduct the meeting to review its rulings.

In response to the propositions by the President of the Supreme People's Court, the Justices’ Council of the Supreme People's Court shall enter a meeting to review its rulings.

Article 405. Participants in the meeting organized by the Justices’ Council of the Supreme People’s Court for examination of requisitions and propositions

1. The head of the Supreme People’s Procuracy must attend the meeting of the Justices’ Council of the Supreme People’s Court to examine the requisitions by the Judicial Committee of the National Assembly or by the head of the Supreme People’s Procuracy or the propositions by the President of the Supreme People's Court.

2. The representative of the Judicial Committee of the National Assembly shall be invited to the meeting of the Justices’ Council of the Supreme People’s Court to examine the requisitions by the Judicial Committee of the National Assembly.

3. Relevant authorities and entities can be invited by the Supreme People's Court to the meeting, if deemed necessary.

Article 406. Preparation of the meeting for examination of requisitions and propositions

1. Upon the receipt of requisitions from the Judicial Committee of the National Assembly or the head of the Supreme People’s Procuracy or written propositions from the President of the Supreme People’s Court for the review of the rulings of the Justices' Council of the Supreme People's Court, the Supreme People's Court shall send copies of such requisitions or propositions and case files to the Supreme People’s Procuracy for the latter’s preparation of its presentation in the meeting for examination of such requisitions or propositions.

The president of the Supreme People’s Court shall have documents examined and report to the Justices’ Council of the Supreme People’s Court for the latter to consider details and make decisions in the meeting.

2. In 30 days upon the receipt of requisitions from the Judicial Committee of the National Assembly or the head of the Supreme People’s Procuracy or upon the proposition in writing by the President of the Supreme People’s Court, the Justices’ Council of the Supreme People’s Court must carry out the meeting to examine such requisitions or propositions. Moreover, the head of the Supreme People’s Procuracy shall be informed in writing of the time and location of such meeting.

Article 407. Procedures for the organization of a meeting for examination of requisitions and propositions

1. The president of the Supreme People’s Court shall himself or assign a member of the Justices’ Council of the Supreme People’s Court to present the case and its settlement in brief.

2. The representative of the Judicial Committee of the National Assembly, the President of the Supreme People’s Court, the head of the Supreme People's Procuracy, requisitioning for or proposing the review of the rulings of the Justices' Council of the Supreme People's Court, shall present the following particulars:

a) The content of the requisitions or propositions;

b) The grounds for such requisitions or propositions;

c) The analysis of evidences existing and arising (if any) to evince the serious breach of laws in the rulings of the Justices’ Council of the Supreme People's Court, or new facts that may alter the fundamentals of such rulings.

3. For the examination of requisitions from the Judicial Committee of the national Assembly or propositions from the President of the Supreme People’s Court, the head of the Supreme People’s Procuracy shall state opinions on the grounds and validity of such requisitions or propositions and specify standpoints and reasons for his consent to or dissent against such propositions or requisitions.

4. Justices’ Council of the Supreme People's Court discuss details and take vote under majority rule on its accord or discord with the requisitions or propositions for the review of the rulings of the Justices’ Council of the Supreme People’s Court.

5. Justices’ Council of the Supreme People’s Court, if concurring with requisitions from the Judicial Committee of the National Assembly or the head of the Supreme People’s Procuracy or propositions from the President of the Supreme People’s Court, shall decide to engage in a meeting to review its rulings.

6. Every event of the meeting for examination of requisitions or propositions and the decisions passed in such meeting shall be inputted into the meeting record and the archive of documents for examination of such requisitions or propositions.

Article 408. Notice of results of the meeting for examination of requisitions or propositions

At the end of the meeting, the Justices’ Council of the Supreme People’s Court shall inform the Judicial Committee of the National Assembly and the head of the Supreme People's Procuracy in writing of the results of the meeting and the accord or discord with the requisitions or propositions. The written notice must specify reasons for the consent to or dissent against requisitions or propositions.

If the result of the examination meeting of the Justices’ Council of the Supreme People’s Court is deemed not satisfactory, the Judicial Committee of the National Assembly, the head of the Supreme People’s Procuracy and the President of the Supreme People’s Court shall be entitled to report to the Standing Committee of the National Assembly for the latter’s decisions.

Article 409. Assessment of case files; verification and collection of evidences, documents and items

1. At the requests by the Standing Committee of the National Assembly or as per the consent of the Justices' Council of the Supreme People's Court to the review of its rulings, the President of the Supreme People's Court shall organize the assessment of case files and the verification and collection of evidences, documents and items, if necessary.

2. The assessment of case files, verification and collection of evidences, documents and items must clarify the existence of serious violations of laws or new significant facts that may alter the fundamentals of the rulings of the Justices' Council of the Supreme People's Court.

Article 410. Time limit for the start of the meeting to review rulings of Justices’ Council of the Supreme People’s Court

1. In 04 months upon the receipt of requests from the Standing Committee of the National Assembly or upon the consent of the Justices’ Council of the Supreme People’s Court to the review of its rulings, the Justices’ Council of the Supreme People’s Court must open the meeting.

2. At the requests for the Standing Committee of the National Assembly, the Supreme People’s Court shall inform the Supreme People’s Procuracy in writing of the time and location of the meeting to review the former’s rulings and provide case files.

Article 411. Procedures and authority to review the rulings of the Justices’ Council of the Supreme People's Court

1. The head of the Supreme People’s Procuracy must attend the meeting to review the rulings of the Justices’ Council of the Supreme People’s Court and express opinions on the existence of serious violations of laws or new significant facts that may alter the fundamentals of the rulings of Justices' Council of the Supreme People's Court. Moreover, he shall state standpoints on the settlement of the case.

2. After the report by the President of the Supreme People's Court and presentations by the head of the Supreme People’s Procuracy and concerned authorities and entities (if any), the Justices’ Council of the Supreme People's Court shall decide to:

a) Refuse the requests by the Standing Committee of the National Assembly, requisitions by the Judicial Committee of the National Assembly or the head of the Supreme People’s Procuracy, and propositions by the President of the Supreme People’s Court, and sustain the rulings of the Justices’ Council of the Supreme People’s Court;

b) Rescind the rulings of the Justices’ Council of the Supreme People’s Court, effective sentences and rulings in violation of the laws and decisions on the particulars of the case;

c) Rescind the rulings of the Justices’ Council of the Supreme People’s Court, effective sentences and rulings and determine liabilities for amends according to the laws;

d) Rescind the rulings of the Justices’ Council of the Supreme People’s Court, effective sentences and rulings in violation of the laws for re-investigation or retrial.

3. Rulings of the Justices’ Council of the People’s Supreme Court must be approved by more than three fourth of its members.

Article 412. Delivery of decisions by the Justices’ Council of the Supreme People’s Court on the review of its rulings

After the Justices’ Council of the Supreme People’s Court issues one of the decisions as defined in Article 411 of this Law, the Supreme People’s Court shall deliver such decision to the Standing Committee and the Judicial Committee of the National Assembly, the Supreme People's Procuracy, investigation authorities, procuracies and courts that settled the case and concerned individuals.