Chương VI Luật tổ chức Toà án nhân dân 2014: Toà án quân sự

Chapter VI

MILITARY COURTS

Section 1. DUTIES, POWERS AND ORGANIZATIONAL STRUCTURE OF MILITARY COURTS

Article 49. Duties and powers of military courts

Military courts shall be organized in the Vietnam People’s Army to try cases involving defendants who are in-service army men and other cases prescribed by law.

Article 50. Organization of military courts

1. The Central Military Court;

2. Military courts of military zones and the equivalent;

3. Regional military courts.

Article 51. Duties, powers and organizational structure of the Central Military Court

1. The Central Military Court has the following duties and powers:

a/ To conduct appellate trials of cases in which first-instance judgments or decisions of military courts of military zones which have not yet taken legal effect are appealed or protested against in accordance with the Criminal Procedure Code;

b/ To conduct according to cassation or reopening procedure trials of cases in which legally effective judgments or decisions of military courts of military zones or the equivalent or of regional military courts are protested against in accordance with the Criminal Procedure Code.

2. The organizational structure of the Central Military Court consists of:

a/ The Judicial Committee;

b/ The Appellate Court;

c/ The assisting apparatus.

3. The Central Military Court has its Chief Justice, Deputy Chief Justices, the president and vice presidents of the Appellate Court, judges, examiners, court clerks, civil servants and employees.

4. The Chief Justice of the Supreme People’s Court shall decide on the establishment and stipulate duties and powers of the assisting apparatus of the Central Military Court after reaching agreement with the Minister of National Defense.

Article 52. The Judicial Committee of the Central Military Court

1. The Judicial Committee of the Central Military Court shall be composed of the Chief Justice, Deputy Chief Justices being high-level judges and a number of high-level judges of the Central Military Court decided by the Chief Justice of the Supreme People’s Court at the proposal of the Chief Justice of the Central Military Court.

The total number of members of the Judicial Committee of the Central Military Court must not exceed 7.

2. The Judicial Committee of the Central Military Court has the following duties and powers:

a/ To conduct according to cassation or reopening procedure trials of cases in which legally effective judgments or decisions of military courts of military zones or the equivalent or of regional military courts are protested against in accordance with the Criminal Procedure Code;

b/ To discuss and give opinions on reports of the Chief Justice of the Central Military Court on work of military courts before reporting it to the Chief Justice of the Supreme People’s Court and the Minister of National Defense.

3. A meeting of the Judicial Committee of the Central Military Court shall be attended by at least two thirds of its total members; a decision of the Judicial Committee of the Central Military Court shall be voted for by more than half of its total members.

Article 53. Organization of trial by the Judicial Committee of the Central Military Court

The Judicial Committee of the Central Military Court shall organize trial under Article 32 of this Law.

Article 54. Duties and powers of the Appellate Court of the Central Military Court

1. To conduct appellate trials of cases in which first-instance judgments or decisions of military courts of military zones or the equivalent which have not yet taken legal effect are appealed or protested against in accordance with the Criminal Procedure Code.

2. To perform other duties and exercise other powers prescribed by law.

Article 55. Organizational structure of military courts of military zones and the equivalent

1. The organizational structure of a military court of a military zone or the equivalent consists of:

a/ The judicial committee;

b/ The assisting apparatus.

2. A military court of a military zone or the equivalent has its chief justice, deputy chief justices, judges, examiners, court clerks, other civil servants and employees.

3. The Chief Justice of the Supreme People’s Court shall decide on the establishment and stipulate duties and powers of the assisting apparatus of military courts of military zones and the equivalent after reaching agreement with the Minister of National Defense.

Article 56. Duties and powers of military courts of military zones and the equivalent

1. To conduct first-instance trials of cases prescribed by the Criminal Procedure Code.

2. To conduct appellate trials of criminal cases in which first-instance judgments or decisions of regional military courts which have not yet taken effect are appealed or protested against in accordance with the Criminal Procedure Code.

3. To perform other duties and exercise other powers prescribed by law.

Article 57. Judicial committees of military courts of military zones and the equivalent

1. The judicial committee of a military court of a military zone or the equivalent shall be composed of the chief justice, deputy chief justices and a number of judges. The number of member of the judicial committee shall be decided by the Chief Justice of the Supreme People’s Court at the proposal of the chief justice of the military court.

Meetings of the judicial committee of a military court of a military zone or the equivalent shall be chaired by the chief justice.

2. The judicial committee of a military court of a military zone or the equivalent has the following duties and powers:

a/ To discuss the implementation of work programs and plans of its military court;

b/ To discuss work reports of the chief justice of its military court to the Supreme People’s Court and the Ministry of National Defense;

c/ To summarize adjudication experience;

d/ To discuss recommendations of the chief justice of its military court for the Chief Justice of the Central Military Court to review legally effective judgments and decisions according to cassation or reopening procedure.

Article 58. Duties, powers and organizational structures of regional military courts

1. A regional military court has the following duties and powers:

a/ To conduct first-instance trials of cases prescribed by the Criminal Procedure Code;

b/ To perform other duties and exercise other powers prescribed by law.

2. A regional military court has its chief justice, deputy chief justices, judges, court clerks, other civil servants and employees.

3. The Chief Justice of the Supreme People’s Court shall decide on the establishment and stipulate duties and powers of the assisting apparatus of regional military courts after reaching agreement with the Minister of National Defense.

Section 2. CHIEF JUSTICES AND DEPUTY CHIEF JUSTICES OF MILITARY COURTS

Article 59. The Chief Justice of the Central Military Court

1. The Chief Justice of the Central Military Court is a Deputy Chief Justice of the Supreme People’s Court who shall be appointed, relieved from duty or dismissed by the President.

The term of office of the Chief Justice of the Central Military Court is 5 years from the date of appointment.

2. The Chief Justice of the Central Military Court has the following duties and powers:

a/ To organize the adjudicating work of the Central Military Court; to organize the implementation of the principle that judges and assessors shall conduct trials in an independent manner and obey only the law;

b/ To chair meetings of the Judicial Committee of the Central Military Court;

c/ To make protests according to cassation procedure against legally effective judgments or decisions of military courts of military zones and the equivalent and of regional military courts in accordance with the Criminal Procedure Code;

d / To organize inspection of work of military courts of military zones and the equivalent and of regional military courts;

dd/ To organize professional training courses for judges, army men’s assessors, examiners and court clerks of military courts;

e/ To report on military courts’ work to the Chief Justice of the Supreme People’s Court and the Minister of National Defense;

g/ To appoint, relieve from duty or dismiss position holders in military courts, except judges, chief justices and deputy chief justices;

h/ To perform the duties and exercise the powers prescribed by the Criminal Procedure Code; and to settle other matters in accordance with law.

Article 60. Deputy Chief Justices of the Central Military Court

1. Deputy Chief Justices of the Central Military Court shall be appointed, relieved from duty or dismissed by the Chief Justice of the Supreme People’s Court after reaching agreement with the Minister of National Defense.

The term of office of Deputy Chief Justices of the Central Military Court is 5 years from the date of appointment.

2. Deputy Chief Justices of the Central Military Court shall assist the Chief Justice in performing his/her duties as assigned by the latter. When the Chief Justice is absent, a Deputy Chief Justice authorized by the Chief Justice shall lead the work of the Court. The authorized Deputy Chief Justice shall be answerable to the Chief Justice for the assigned tasks.

3. To perform the duties and exercise the powers prescribed by the Criminal Procedural Code.

Article 61. Chief justices of military courts of military zones and the equivalent

1. Chief justices of military courts of military zones and the equivalent shall be appointed, relieved from duty or dismissed by the Chief Justice of the Supreme People’s Court after reaching agreement with the Minister of National Defense.

The term of office of chief justices of military courts of military zones and the equivalent is 5 years from the date of appointment.

2. The chief justice of a military court of a military zone or the equivalent has the following duties and powers:

a/ To organize the adjudicating work of his/her military court; to organize the implementation of the principle that judges and assessors shall conduct trials in an independent manner and obey only the law;

b/ To report on work of his/her military court and regional military courts to the Chief Justice of the Central Military Court and the commander of the military zone or the equivalent;

c/ To perform the duties and exercise the powers prescribed by the Criminal Procedural Code; and to settle other matters prescribed by law.

Article 62. Deputy chief justices of military courts of military zones and the equivalent

1. Deputy chief justices of a military court of a military zone or the equivalent shall be appointed, relieved from duty or dismissed by the Chief Justice of the Supreme People’s Court after reaching agreement with the Minister of National Defense.

The term of office of deputy chief justices of military courts of military zones and the equivalent is 5 years from the date of appointment.

2. Deputy chief justices of a military court of a military zone or the equivalent shall assist their chief justice in performing his/her duties as assigned by the latter. When the chief justice is absent, a deputy chief justice authorized by the chief justice shall lead the work of the court. The authorized deputy chief justice shall be answerable to the chief justice for the assigned tasks.

3. Deputy chief justices of a military court of a military zone or the equivalent shall perform the duties and exercise the powers prescribed by the Criminal Procedure Code.

Article 63. Chief justices of regional military courts

1. Chief justices of regional military courts shall be appointed, relieved from duty or dismissed by the Chief Justice of the Supreme People’s Court after reaching agreement with the Minister of National Defense.

The term of office of chief justices of regional military courts is 5 years from the date of appointment.

2. The chief justice of a regional military court has the following duties and powers:

a/ To organize the adjudicating work of his/her court; to organize the implementation of the principle that judges and assessors shall conduct trials in an independent manner and obey only the law;

b/ To report on work of his/her court to the chief justice of the military court of the military zone or the equivalent;

c/ To perform the duties and exercise the powers prescribed by the Criminal Procedural Code; and to settle other matters prescribed by law.

Article 64. Deputy chief justices of regional military courts

1. Deputy chief justices of a regional military court shall be appointed, relieved from duty or dismissed by the Chief Justice of the Supreme People’s Court after reaching agreement with the Minister of National Defense.

The term of office of deputy chief justices of a regional military court is 5 years from the date of appointment.

2. Deputy chief justices of a regional military court shall assist their chief justice in performing his/her duties as assigned by the latter. When the chief justice is absent, a deputy chief justice authorized by the chief justice shall lead the work of the court. The authorized deputy chief justice must be answerable to chief justice for the assigned tasks.

3. To perform the duties and exercise the powers prescribed by the Criminal Procedural Code.