Chương XXI Bộ luật Tố tụng hình sự 2015: Xét xử sơ thẩm

Chapter XXI

TRIAL OF FIRST INSTANCE

Volume I. JURISDICTION OF COURTS

Article 268. Jurisdiction of a Court

1. A district People’s Court or local military Court hears criminal cases of misdemeanors, felonies and horrific felonies at first instance, except for the following crimes:

a) Breach of national security;

b) Sabotage of peace, crimes against humanity and war crimes;

c) Crimes as defined in Article 123, 125, 126, 227, 277, 278, 279, 280, 282, 283, 284, 286, 287, 288, 337, 368, 369, 370, 371, 399 and 400 of the Criminal Code;

d) Crimes committed outside the territories of the Socialist Republic of Vietnam.

2. A provincial People’s Court or military Court of a military zone hears following cases at first instance:

a) Criminal cases beyond the jurisdiction of a district People’s Court or local military Court;

b) Criminal cases related to defendants, crime victims or litigants who live abroad or in connection with property involved in other lawsuits occurring on foreign territories;

c) A criminal lawsuit, though within the jurisdiction of a district People’s Court or local military Court, comprise complex facts making it hard to assess or reach unanimity upon the properties of the case or is involved in various sectors and levels of authority or is brought against a defendant who is a judge, procurator, investigator, primary governmental leaders in district, township, provincial city or city of a centrally-affiliated city, religious dignitary or individual having high prestige in a community of minority.

Article 269. Territorial jurisdiction

1. A Court, whose location is most adjacent to the scene of a crime, shall have jurisdiction over the criminal lawsuit against that crime If crimes occur in various places or at an unknown site, the Court most adjacent to the site where investigative activities are finished shall retain jurisdiction.

2. The provincial People’s Court at the last residential place of a defendant committing a crime abroad shall have jurisdiction if such person is tried in Vietnam. If a defendant’s last residential place in Vietnam is unknown, The court president of the Supreme People’s Court shall, as the case may be, decide to assign the People’s Court of the city of Hanoi or the city of Ho Chi Minh or the city of Da Nang to hear the case.

A defendant committing a crime abroad, if falling within the jurisdiction of a military Court, shall be tried by the military Court of a military zone as per the decision by The court president of the Central military court.

Article 270. Jurisdiction over crimes occurring aboard an aircraft or ocean ship of the Socialist Republic of Vietnam, which is operating outside the airspace or territorial waters of Vietnam

A Vietnamese Court most adjacent to the airport or harbor, where an aircraft or ocean ship of the Socialist Republic of Vietnam is registered or first arrives, shall have jurisdiction over crimes occurring on such aircraft or ocean ship operating outside the airspace or territorial waters of Vietnam.

Article 271. Trial against a defendant committing multiple crimes that fall within the jurisdiction of a Court at different level

A superior Court shall hear the entire case involved in multiple crimes, some of which come within its jurisdiction.

Article 272. Jurisdiction of a military Court

1. A military Court has jurisdiction over:

a) A criminal case against a defendant who is a serviceman on active duty, state employee, worker, national defense official or reserve soldier undergoing focus training or combat availability tests; militia undergoing focus training or subordinated to the People’s Army in combat, citizens mobilized, convoked or contracted to serve the People’s Army;

b) A criminal case against a defendant who is not stated in Point a, Section 1 of this Article and is involved in military secrets or causes damage to the life, health, honor and dignity of servicemen on active duty, state employees, workers, national defense officials, reserve soldiers undergoing focus training or combat availability tests or causes damage to the property, honor and reputation of the People’s Army or commits crimes in a military barrack or military area under the management and protection of the People’s Army.

2. A military Court has jurisdiction over all crimes occurring in areas under martial law.

Article 273. Trial against a defendant committing multiple crimes that fall within the jurisdiction of a People’s Court and Military Court

If a defendant or crime comes within the jurisdiction of a Military Court and another defendant or crime in the same case falls within the jurisdiction of a People’s Court, the case shall be subject to the following jurisdiction:

1. If issues of the case can be separated, the Military Court shall judge defendants and crimes within its jurisdiction and the People’s Court shall judge defendants and crimes within its jurisdiction;

2. If separation is not viable, the Military Court shall hear the entire case.

Article 274. Case transfer during the stage of adjudication

1. A Court shall return files of a case beyond its jurisdiction to The procuracy initiating prosecution, which shall transfer the case to a competent Procuracy for prosecution.

The procuracy initiating prosecution, in 03 days upon retrieving case files, shall issue a decision to transfer them to a competent Procuracy for intra vires prosecution. The transfer of a case out of a province, centrally-affiliated city or a military zone shall abide by Article 239 of this Law.

The procuracy, if considering thin court returning case files still has juridistion over the case, shall give such documents back to the Court with an enclosed letter of explanation. If the Court still deem the case ultra vires, the dispute over jurisdiction shall be settled according to Article 275 of this Law. The procuracy must conform to the decisions of the competent Court.

2. The time limit for prosecution and the enforcement of preventive measures shall be governed by Article 240 and Article 241 of this Law.

Article 275. Settlement of disputes over jurisdiction

1. The court president of a provincial People’s Court or a Military court of a military zone shall make decisions on disputes over jurisdiction among People’s Courts at district level in the same province or centrally-affiliated city or Military courts in the same military zone.

2. The court president of a provincial People’s Court or a Military court of a military zone most adjacent to the site where investigative activities end shall make decisions on disputes over jurisdiction among district People’s Courts in various provinces or centrally-affiliated cities or Military courts from different military zones.

3. The court president of the Supreme People’s Court or the Central military court shall make decisions to settle disputes over jurisdiction among provincial People’s Courts or Military courts of military zones.

4. The court president of the Supreme People’s Court shall make decisions on disputes over jurisdiction between a People’s Court and Military court.

The transfer of a case for intra vires prosecution shall abide by Article 274 of this Law.

Volume II. TRIAL PREPARTION

Article 276. Obtain case files, charging documents and admit the case

1. When the Procuracy delivers charging documents, case files and evidences (if available), the Court shall examine and handle such papers and objects in the following manner:

a) If case files and accompanying exhibits (if any) suffice according to the list of documents and exhibits, and the suspect or his representative receives charging documents, the case file shall be admitted;

b) If case files and accompanying exhibits (if any) do not suffice according to the list of documents and exhibits, or the suspect or his representative does not receive charging documents, the case file shall not be admitted. In this event, the Procuracy shall be requested to supplement documents and exhibits or send charging documents to the suspect or his representative.

2. The delivery of case files and charging documents shall be executed in writing according to Article 133 of this Law and be inputted into the case file.

The court, upon receiving case files and charging documents, shall admit the case. The court president of the Court, in 03 days upon admitting the case, shall appoint The presiding judge who hears the case.

Article 277. Time limit for trial preparation

1. The presiding judge, in 30 days for misdemeanors, 45 days for felonies, 02 months for horrific felonies and 03 months for extremely severe felonies upon the admission of the case, shall make one of the following decisions:

a) Hear the case;

b) Return documents for further investigation;

c) Suspend or dismiss the case.

The court president of the Court may decide to extend the time limit for preparation for trial against a complex case for 15 more days for misdemeanors and felonies and 30 more days at most for horrific felonies and extremely severe felonies. The equivalent procuracy must be promptly informed of the extension of the time limit for trial preparation.

2. If a case is returned for further investigation, the Presiding judge, in 15 days upon retrieving documents, must decide to hear the case. If a case is resumed, the time limit for trial preparation shall abide by universal stipulations of this Law and commences as of the date of the Court's decision to resume the case.

3. The court, in 15 days upon issuing a decision to hear the case, must hold a trial. If force majeure or objective obstacles occur, the Court may initiate the trial within 30 days.

Article 278. Implementation, alteration and termination of preventive and coercive measures

1. The presiding judge, after admitting a case, shall decide to implement, alter and terminate preventive or coercive measures. However, the Court president or Vice court president shall make such decisions on detention measure.

2. The time limit for detention prior to trial shall not exceed that for trial preparation as stated in Section 1, Article 277 of this Law.

3. If the time limit for detention of a defendant in detention expires upon the initiation of the trial, the Trial panel shall consider the necessity of detention for trial and issue a detention order that loses effect at the end of the trial.

Article 279. Processing of requests before trial

1. The presiding judge, before initiating a trial, must process these requests:

a) Requests by procurators and participants in legal proceedings for the provision and addition of evidences, summoning of witness testifiers, authorized procedural persons and other participants in legal proceedings to the court, and for the replacement of members of the Trial panel or Court clerk;

b) Requests by defendants or their representatives, defense counsels for alteration or termination of preventive and coercive measures;

c) Requests by procurators and participants in legal proceedings for a trial through summary procedures or for a public or secret trial;

d) Requests by participants in legal proceedings for their absence from the courtroom.

2. The presiding judge, if considering such requests justified, shall grant those within his powers or inform competent individuals to handle the requests according to this law. Moreover, the persons issuing such requests shall be informed. Rejection and reasons shall be informed in writing.

Article 280. Return of documents for further investigation

1. The presiding judge shall decide to return documents to the Procuracy for further investigation in one of the following events:

a) Evidences for matters defined in Article 85 of this Law are not sufficient and cannot be supplemented in court;

b) There are grounds showing the existence of the suspect’s other acts, apart from those prosecuted by the Procuracy, deemed as crimes in the Criminal Code;

c) There are grounds showing the existence of other accomplices or offenders of criminal acts, as per the Criminal Code, involved in the case and facing no charges;

d) The charges, investigation and prosecution have constituted serious violations of legal proceedings.

2. If the Procuracy finds grounds to have documents returned for additional investigation, it shall request the Court in writing for document return.

3. A decision to return documents for further investigation must specify issues to be further investigated. Such decision and case files shall be given to the Procuracy in 03 days upon the issuance of the decision.

If additional findings lead to the dismissal of the case, the Procuracy shall decide to have the case dismissed and inform the Court in 03 days upon the issuance of such decision.

If additional findings lead to the alteration of the decision to prosecute, the Procuracy shall issue new charging documents that replace the previous ones.

If the Procuracy fails to provide additional information as per the Court's requests and retain its decision to prosecute, the Court shall commence the trial.

Article 281. Case suspension

1. The presiding judge shall decide to suspend a case in one of the following events:

a) There are justifications for case suspension as defined in Point b and Point c, Section 1, Article 229 of this Law;

b) The location of a suspect or defendant is unknown despite the expiration of the time limit for trial preparation. In this event, investigation authorities shall be requested to seek such defendant or suspect prior to the suspension of the case. The seeking of a suspect or defendant shall abide by Article 231 of this Law;

c) Await the result of the processing of legislative documents as per the Court’s requisitions.

2. If there are several suspects or defendants in one case but the reason for case suspension does not apply to all of them, the lawsuit shall be suspended for each suspect or defendant separately.

3. The decision to suspend the case must specify reasons for suspension and details as stated in Section 2, Article 132 of this Law.

Article 282. Case dismissal

1. The presiding judge shall decide to dismiss a case in one of the following events:

a) There are justifications for case dismissal as defined in Section 2, Article 155 or Point 3, 4, 5, 6 and 7, Article 157 of this Law;

b) The procuracy revokes all decisions to prosecute before the trial commences.

If there are several suspects or defendants in one case but the reason for case dismissal does not apply to all of them, the lawsuit shall be dismissed for each suspect or defendant separately.

2. The decision to dismiss the case must specify reasons for dismissal and details as stated in Section 2, Article 132 of this Law.

Article 283. Case resumption

1. If the prescriptive period for criminal prosecution is still effective and there are grounds to annul the decision to suspend or dismiss a case, the Presiding judge issuing such decision shall decide to resume the case.

If the Judge issuing the decision to suspend or dismiss the case is obstructed, the Court president shall issue the decision to resume the case.

2. If the case is suspended or dismissed for each suspect or defendant separately, the decision on case resumption shall apply to each of them.

3. The decision to resume the case must specify reasons for case resumption and details as stated in Section 2, Article 132 of this Law.

4. The court, when resuming the case, shall be entitled to implement, alter or terminate preventive and coercive measures as per this Law.

If there are justifications for the necessity of detention as per this Law, the duration of detention for case resumption shall not exceed the time limit for trial preparation.

Article 284. Request for the Procuracy’s addition of documents and evidences

1. The presiding judge, when requiring additional documents and evidences necessary to settle to the case without the return of case files for further investigation, shall request the Procuracy to supplement such papers and proofs.

2. The request for additional documents and evidences shall be executed in writing and sent to the equivalent Procuracy in 02 days upon the issuance of the written request. Such request must specify documents and evidences to be added.

3. The procuracy, in 05 days upon receiving the Court’s request, shall provide the Court with additional documents and evidences as requested. If the Procuracy fails to provide additional documents or evidences, the court shall commence the trial.

Article 285. The procuracy’s revocation of the decision to prosecute

The procuracy, when finding a justification as per Article 157 of this Law or Article 16 or Article 29 or Section 2, Article 91 of the Criminal Code, shall decide to revoke the decision to prosecute prior to the start of the trial and to request the Court to dismiss the case.

Article 286. Delivery of a first-instance Court’s decisions

1. A decision to hear a case shall be given to the defendant or his representative, defense counsel, crime victim and litigant in 10 days at most prior to the start of the trial.

A decision to hold a trial in absentia shall be given to the defendant's defense counsel or representative. Such decision shall also be posted publicly at the People’s committee at the commune, ward or town where the defendant last resided or his last workplace or educational facility.

2. The court’s decision to suspend, dismiss or resume a case shall be given to the suspect, defendant, crime victim or their representatives and other participants in legal proceedings in 03 days upon the issuance of such decision.

3. The delivery of a decision to appoint a Judge presiding the court, to try a case, to suspend, dismiss or resume a case to the equivalent procuracy must occur in 02 days upon the issuance of such decision. A decision to dismiss or suspend a case must be sent to the immediate superior Procuracy in 02 days upon the issuance of such decision.

4. A decision to implement, alter or terminate preventive or coercive measure shall be given, in 24 hours upon the issuance of such decision, to the suspect, defendant, the equivalent Procuracy, detention facility holding the suspect or defendant in captivity.

Article 287. Summoning of individuals to the trial for questioning

The presiding judge shall consider the decision to hear the case and requests by procurators, defense counsel and other participants in legal proceedings to summon individuals to the trial for questioning.

Volume III. GENERAL REGULATIONS ON COURT PROCEEDINGS

Article 288. Attendance of members of the Trial panel and Court clerk

1. The trial shall proceed only in the presence of full members of the Trial panels and the Court clerk. The members of the Trial panel must hear the case from start to finish.

2. If a Judge or lay assessor cannot continue hearing the case but a reserve Judge or lay assessor attends the trial from the start, the reserve one shall be the replace member of the Trial panel. If the Trial panel consists of two judges but the Presiding judge cannot continue attending the trial, the other Judge shall preside the court and a reserve Judge shall be the replace member of the Trial panel.

3. If a reserve Judge or lay assessor is not available or a judge substituting the presiding judge is not available as per Section 2 of this Article, the trial shall be adjourned.

4. If the Court clerk is changed or cannot continue attending the court, the trial may progress in the presence of a reserve Court clerk. If a replace clerk is not available, the trial shall be halted.

Article 289. Attendance of Procurators

1. A procurator of the equivalent Procuracy must appear in court to exercise prosecution rights and administer the trial. If the procurator is absent, the trial shall be adjourned. Many procurators may attend a lawsuit composed of serious and complex elements. If procurator(s) cannot attend the trial, reserve procurator(s) attending the trial from the start shall become replace(s) to exercise prosecution rights and administer the trial.

2. If procurator(s) must be replaced or cannot continue exercising prosecution rights or administering the trial in the absence of reserve procurator(s), the trial shall be adjourned.

Article 290. Defendants’ attendance in the court

1. A defendant must be present in the court as per the Court’s subpoena during the trial. If the defendant is absent not due to force majeure or objective obstacles, he shall be delivered by force to the court. If his absence results from force majeure or objective obstacles, the trial shall be adjourned.

If the defendant suffers from mental illness or fatal disease, the Judicial panel shall suspend the case until the defendant is cured.

If the defendant absconds, the Trial panel shall suspend the case and request investigation authorities to seek for him.

2. The court can only hold a trial in absentia in the following events:

a) The defendant has absconded and remains elusive despite the wanted notice;

b) The defendant is on foreign soil and cannot be summoned to the court;

c) The trial panel approves a request for trial in absentia;

d) The defendant’s absence is not because of force majeure or objective obstacles and does not hinder the trial.

Article 291. Attendance of defense counsels

1. The defense counsel must appear in court to plead for persons whom they agree to advocate. The defense counsel may send the written statement of defense to the Court in advance. If the defense counsel is absent for the first time due to force majeure or objective obstacles, the trial shall be adjourned unless the defendant agrees to be tried in the absence of the defense counsel. If the defense counsel is absent not due to force majeure or objective obstacles or fails to appear as per the valid second subpoena, the court shall hold the trial.

2. If a defense counsel appointed as per Section 1, Article 76 of this Law is absent, the Trial panel shall adjourn the trial unless the defendant or his representative agrees to engage in the trial in the absence of the defense counsel.

Article 292. Attendance of crime victims, litigants or their representatives

1. If crime victim(s), litigant(s) or their representatives are absent, the Trial panel, as the case may be, shall decide to adjourn or continue the trial.

2. If the absence of the crime victim(s) or litigant(s) only obstructs the settlement of compensations for damage, the Trial panel may separate the issue of compensation for later adjudication as per the laws.

Article 293. Attendance of witness testifiers

1. Testifiers shall attend the trial to elucidate facts of a case. If a testifier is absent but gives statements to investigation authorities, the presiding judge shall announce such statements. If a witness testifier for vital issues of the case is absent, the Trial panel shall, as the case may be, decide to adjourn or continue the trial.

2. If a witness testifier is summoned by the Court but is intentionally absent not due to force majeure or objective obstacles, the Trial panel shall decide to escort by force such witness testifier, whose absence is deemed to hinder the trial, according to this Law.

Article 294. Attendance of expert witnesses and valuators

1. Expert witnesses and property valuators shall attend the trial as per the Court’s subpoena.

2. If the expert witness or valuator is absent, the Trial panel, as the case may be, shall decide to adjourn or continue the trial.

Article 295. Attendance of interpreters and translators

1. Interpreters and translators, when summoned by the Court, shall attend the trial.

2. If the interpreter or translator is absent without a replace, the Trial panel shall decide to adjourn the trial.

Article 296. Attendance of Investigators and other individuals

During the process of trial, the Trial panel may summon Investigators, authorized procedural persons handling the lawsuit and other individuals, if deemed necessary, to adduce matters related to the case.

Article 297. Adjournment of trial

1. The court shall adjourn the trial in one of the following events:

a) There are justifications as defined in Article 52, 53, 288, 289, 290, 291, 292, 293, 294 and 295 of this Law;

b) Evidences, documents or items must be verified or supplemented outside the court;

c) Expert examinations must be furthered or repeated;

d) Valuation processes must be furthered or repeated.

If the trial is adjourned, it shall restart.

2. The duration of a adjournment to a trial at first instance shall not exceed 30 days upon the issuance of a decision to adjourn the trial.

3. A written decision to adjourn a trial shall specify these primary details:

a) The issue date of the decision;

b) The name of the Court and full name of the Judge(s), lay assessors and Court clerk;

c) The full name of Procurator(s) exercising prosecution rights and administering the trial in court;

d) The case being adjudicated;

dd) The reasons for adjournment;

e) The time and location for the resumption of the trial

4. The presiding judge shall represent the Trial panel to sign the written decision to adjourn the trial. If the presiding judge is absent or replaced, the Court president shall decide to adjourn the trial.

A decision to adjourn a trial, in 02 days upon the issuance of the decision, must be announced to the participants in legal proceedings in court, be sent to the equivalent Procuracy and to individuals absent from the court.

Article 298. Limits of adjudication

1. A court shall adjudicate defendants and acts of crimes prosecuted by a Procuracy and brought to trial as per the Court's decision.

2. The court, when adjudicating defendants, may adduce different sections in a legal article, which the Procuracy quote for prosecution, or may consider other crimes equal or lesser than those prosecuted by the Procuracy.

3. If the defendants must be tried for crimes that outweigh those prosecuted by the Procuracy, the Court shall return documents for the Procuracy to re-prosecute and have defendants or their representatives and defense counsels informed of reasons. If the Procuracy still prosecute the original crimes, the Court shall be entitled to adjudge the defendants to crimes of higher degree.

Article 299. Pronouncement of a Court's judgments and rulings

1. The trial panel shall discuss and pass judgments in the retiring room.

2. The decisions to change Trial panel's members, procurator(s), court clerk, expert witness(s), valuator(s), interpreter(s), translator(s) or to suspend or dismiss cases, to adjourn a trial, to hold or discharge defendants in detention shall be discussed and passed in writing the retiring room.

3. The decisions on other matters, as discussed and passed by the Trial panel in the retiring room, may not be executed in writing but must be inputted in the court record.

Volume IV. FORMALITIES TO COMMENCE COURT PROCEEDINGS

Article 300. Preliminary activities to commence a trial

The court clerk, prior to the start of the trial, shall perform these tasks:

1. Verify the attendance and perceive reasons for the absence of the individuals summoned by the Court;

2. Announce the court’s rules.

Article 301. Start of trial

1. The presiding judge commences the trial and utter the decision to hear the case.

2. The court clerk reports to the Trial panel on the attendance and absence, with reasons, of the individuals summoned by the Court.

3. The presiding judge reviews the presence of the individuals responding to the Court’s subpoena, examines personal records and announce their rights and duties.

Article 302. Handling of requests for the replacement of Judges, lay assessors, Procurators, Court Clerks, expert witnesses, property valuators, interpreters or translators

The presiding judge shall ask the Procurators and participants in legal proceedings in court about requests and reasons for the replacement of Judges, lay assessors, Procurators, Court clerks, expert witnesses, valuators, interpreters or translators. The trial panel shall consider and ratify such requests, if raised.

Article 303. Undertaking by interpreters, translators, expert witnesses and property valuators

The presiding judge, after elucidating the rights and duties of interpreters, translators, expert witnesses and property valuators, shall demand their commitments to accomplish their missions.

Article 304. Oath and exclusion of witness testifiers

1. The presiding judge, after explaining the witness testifiers’ rights and duties, shall demand them to undertake to honest testimony.

2. The presiding judge, prior to the questioning of witness testifiers about the case, shall decide measures to exclude witness testifiers from hearing each other’s testimonies or interacting with concerned people. If the defendant’s statements and witness testifiers’ testimonies come under mutual influence, the presiding judge shall isolate defendants from witness testifiers before witness testifiers undergo questioning session.

Article 305. Handling of requests for evidence assessment and adjournment to trial out of absence

The presiding judge must ask Procurators and participants in legal proceedings in court about requests for the summoning of additional witness testifiers or display of more exhibits and documents for assessment. If a participant in legal proceedings is absent or appear in court but fails to engage in legal proceedings due to ill health conditions, the presiding judge shall ask about requests for an adjournment to the trial. The trial panel shall consider and ratify such requests, if raised.

Volume V. FORMALITIES TO CONDUCT COURT PROCEEDINGS

Article 306. Announcement of charges

Procurators, before engaging in the questioning session, shall announce the charges and state additional opinions, if available. Additional opinions must not exacerbate the defendants' situations.

Article 307. Sequence of questioning

1. The trial panel must ascertain sufficient facts of each event and every crime in the case and per capita. The presiding judge shall govern the questioning session and decide the rational order of persons raising questions.

2. Each person shall be questioned by the presiding judge then, as per his decisions, by other Judges, lay assessors, Procurators, defense counsels, and protectors of litigants' legitimate rights and benefits.

Participants in court proceedings shall be entitled to petition the presiding judge for his inquiry into facts that require further clarification.

Expert witnesses and property valuators shall be asked about matters related to expert examinations and property valuation.

3. The trial panel, when running the questioning session, shall examine exhibits in connection with the case.

Article 308. Disclosure of statements gathered during the stage of investigation or prosecution

1. If the person questioned appears in court, the Judicial panel and procurators shall not disclose their statements gathered during the stage of investigation or prosecution.

2. Statements gathered during the stage of investigation or prosecution shall be disclosed in one of the following events:

a) The person questioned gives testimonies in court, which conflict with his statements taken during the stage of investigation or prosecution;

b) The person questioned does not give testimonies in court or does not remember his statements taken during the stage of investigation or prosecution;

c) The person questioned petitions for the disclosure of his statements taken during the stage of investigation or prosecution;

d) The person questioned is absent or deceased.

3. The trial panel shall not disclose documents of a case to, in special events, maintain the confidentiality of state secrets, trade secrets, business secrets or personal secrets, family secrets must be maintained, if deemed necessary or as per requests by participants in legal proceedings, or to preserve national conventions.

Article 309. Questioning of defendants

1. The presiding judge shall decide to have each defendant questioned separately. If a defendant’s testimonies influence another defendant's statements, the presiding judge must exclude them from hearing each other. The defendant excluded shall be informed of the prior defendant's testimonies and be permitted to raise questions to that defendant.

2. A defendant shall state his opinions regarding the charging documents and facts of the case. The trial panel inquires further about details that a defendant has not elucidated or that come into collision.

Procurators shall ask defendants about evidences, documents and items in connection with conviction or acquittal and other facts of the case.

Defense counsels shall ask defendants about evidences, documents and items related to their tasks of defense and facts of the case.

Protectors of legitimate rights and benefits of crime victims and litigants shall ask defendants about facts regarding their protection of litigants’ legitimate benefits and rights.

Participants in court proceedings shall be permitted to petition the presiding judge to inquire further about facts related to them.

3. If a defendant does not answer questions, the Trial panel, Procurators, defense counsels, protectors of legitimate benefits and rights of aggrieved persons and litigants shall ask other persons and examine exhibits and documents pertaining to the case.

A defendant, with the presiding judge’s permission, shall ask other defendants about matters linked to him.

Article 310. Questioning of crime victims, litigants or their representatives

Crime victims, litigants or their representatives shall present the case's facts associated with them. After such persons' presentations, the Trial panel, Procurators, defense counsels and protectors of legitimate rights and benefits of crime victims and litigants shall ask them more about insufficient or contradictory details in their speech.

Defendants, when permitted by the presiding judge, shall raise questions to crime victims, litigants or their representatives about matters related to the defendants.

Article 311. Questioning of witness testifiers

1. Each witness testifier shall be questioned separately. None of the witness testifiers is allowed to gain knowledge of each other’s questions and answers.

2. The trial panel, when questioning a witness testifier, shall inquire about the witness testifier’s relationship with defendants and litigants of the case. The presiding judge shall request witness testifiers to expound the facts of the case, which came to their knowledge, and have them clarify inadequate or inconsistent details in their testimonies. Procurators, defense counsels and protectors of legitimate rights and benefits of crime victims and litigants may pose additional questions to witness testifiers.

With the presiding judge’s consent, a defendant may ask witness testifiers about matters that are connected to the defendant.

3. Witness testifiers, after giving testimonies, shall remain in the courtroom for further questioning.

4. If there are evidences of violations or risks of violations against the life, health, property, honor and dignity of a witness testifier or his kindred, the Trial panel shall decide to have them secured by protective measures according to this Law or other relevant laws.

5. The court, if necessary, shall question witness testifiers through a network of computers or telecommunications.

Article 312. Assessment of exhibits

1. Exhibits, images or written attestation of exhibits shall be displayed for assessment in court.

The trial panel, along with procurators, defense counsels and participants in court proceedings, shall assess immovable exhibits on site, if necessary.  The onsite assessment of exhibits shall be executed in writing according to Article 133 of this Law.

2. Procurators, defense counsels and other participants in court shall be permitted to state their opinions regarding the exhibits. The trial panel, procurators, defense counsels and protectors of the legitimate rights and benefits of litigants and crime victims can inquire courtroom participants further about matters linked with exhibits.

Article 313. Audible or visual records

The trial panel shall decide to have audible or visual records played in court to assess evidences, documents and items related to the case or verify the defendants’ claims of torture or confession extortion.

Article 314. Scene assessment

The trial panel, along with procurators, defense counsels and participants in court proceedings, shall assess crime scenes or other sites in connection with the case, if necessary. Procurators, defense counsels and other participants in court proceedings shall be entitled to make remarks on the crime scenes or other sites linked with the case. The trial panel can ask courtroom participants more about matters regarding such locations.

The process of scene assessment shall be executed in writing according to Article 133 of this Law.

Article 315. Presentation and announcement of reports and documents from authorities and organizations

Authorities and organizations shall assign representatives to expound on their reports and documents. If their representatives do not attend the trial, the Trial panel shall announce such reports and documents in court.

Procurators, defendants, defense counsels and other participants in court proceedings shall be entitled to make remarks on the said documents and reports and raise questions to the representatives of the said authorities or organizations and to other participants in court proceedings about matters related to such documents and reports.

Article 316. Questioning of expert witnesses and property valuators

1. The trial panel shall, on its own discretion or as per requests by Procurators, defense counsels or other participants in court, request expert witnesses and property valuators to state their findings on matters examined or property valued. Expert witnesses and property valuators, when reporting, are entitled to give additional explanations and justifications for their findings.

2. Procurators, defense counsels and other participants in court proceedings shall be entitled to comment on the findings of expert examinations and property valuation. Moreover, they shall be permitted to ask about unclear or contradictory details of such findings or the details that conflict with other facts of the case.

3. If expert witnesses or property valuators are absent from the court, the presiding judge shall announce the findings of expert examinations and property valuation.

4. The trial panel shall order that expert examinations are furthered or repeated or property valuation process starts again, if deemed necessary.

Article 317. Remarks by Investigators, Procurators, persons participating in or given authority to institute legal proceedings

The trial panel shall, on its discretion or at the requests for authorized procedural persons, request Investigators, Procurators, persons participating in or given authority to institute legal proceedings to give their opinions, if deemed necessary to clarify decisions and proceedings during the stage of investigation, prosecution and adjudication.

Article 318. End of questioning session

The presiding judge, when considering facts of the case fully assessed, shall ask Procurators, defendants, defense counsels and other participants in court proceedings about their further questions. If no further question exists, the questioning session shall end. If further questions raised are deemed necessary, the presiding judge shall decide to sustain the questioning session.

Article 319. Procurator’s revocation of decisions on prosecution or conclusion of lesser charges in court

Procurators, after ending their questioning session, can revoke parts or all of their decisions to prosecute or conclude lesser charges.

Article 320. Sequence of oral arguments

1. Procurators, after finishing their questioning session, shall draw conclusions. If grounds for conviction are not found, all decisions to prosecute shall be revoke and the Court shall be requested to declare defendants not guilty.

2. Defendants and defense counsels shall give arguments to defend the former. Defendants and their representatives shall be entitled to supplement the defense arguments.

3. Crime victims, litigants and their representatives state their arguments to defend their legitimate rights and benefits. Other protectors of such people’s legitimate benefits and rights shall be entitled to present and supplement arguments.

4. If charges are pressed at the requests by the crime victims, the Procurators shall draw conclusions before the aggrieved and their representatives state and supplement arguments.

Article 321. Conclusion by Procurators

1. Procurators, when reaching conclusions, must contemplate evidences, documents and items examined in court and arguments given by defendants, defense counsels, protectors of legitimate rights and benefits of crime victims and litigants, and other participants in court proceedings.

2. The content of such conclusions must analyze and assess, in unbiased, comprehensive and thorough manners, evidences of guilt or innocence; nature and harmful extent of crimes against society; consequences of crimes; personal records and roles of defendants in crimes; offence titles; points, sections and articles quoted from the Criminal Code, factors aggravating or mitigating criminal liabilities; level of compensations for damage, handling of evidences, judicial remedies; reasons and circumstances leading to crimes and other significant facts of the case.

3. Procurators shall propose the conviction of defendants on parts or all of charges or lesser crimes; primary and additional penalties, judicial remedies, liabilities for amends, handling of evidences.

4. Preventive measures against crimes and breach of laws shall be proposed.

Article 322. Oral arguments in court

1. Defendants, defense counsels and other participants in legal proceedings shall be entitled to present their opinions, evidences and arguments in response to Procurators' presentation of evidences of guilt and innocence; nature and harmful extent of crimes against society; consequences of crimes; personal records and roles of defendants in the case; factors aggravating and mitigating criminal liabilities, penalties; civil liabilities, measures for handling evidences, judicial remedies; reasons and circumstances leading to crimes and other significant facts of the case.

Defendants, defense counsels and other participants in legal proceedings shall be entitled to state their propositions.

2. Procurators must display evidences, documents and arguments to respond to the last of each standpoint given by the defendants, defense counsels and other participants in court proceedings.

Individuals engaging in oral arguments shall be entitled to respond to other people’s opinions.

3. The presiding judge shall not restrict the time for oral arguments and shall endorse Procurators, defendants, defense counsels, crime victims and other participants in legal proceedings to argue and state all viewpoints. However; opinions not related to the case or repeated shall be removed.

The presiding judge shall demand Procurators’ obligation to respond to standpoints of defense counsels and other participants in legal proceedings if Procurators do not debate such standpoints.

4. The trial panel must listen and acknowledge every standpoint from Procurators, defendants, defense counsels and other individuals providing oral arguments in court to judge truths of the case in impartial and comprehensive manners. The trial panel, if overruling standpoints of courtroom participants, must clarify its justifications that are inputted into the court record.

Article 323. Resumption of questioning session

If oral arguments expose unasked or unclear facts of the case, the Trial panel must resume the questioning session.  Oral arguments shall continue upon the end of the questioning session.

Article 324. Defendants’ last words

1. When no more argument is made, the presiding judge declares the end of the oral argument session.

2. Defendants shall speak their last words. No question shall be raised after the defendants utter their last words. If the defendants’ last words reveal new facts significant to the case, the Trial panel shall decide to resume the questioning session. The trial panel shall be entitled to request the defendants not to digress from the case. However, no time limit shall be imposed on the defendants' final speech.

Article 325. Revocation of decisions to prosecute or to conclude lesser charges in court

1. The trial panel shall sustain the trial though the Procurators revoke parts of the decision to prosecute or draw conclusions on lesser offences.

2. If the Procurators revoke the entire decision to prosecute before the deliberation session, the Trial panel shall request courtroom participants to state their opinions on the revocation of the decision to prosecute.

Volume VI. DELIBERATION AND PRONOUNCEMENT OF JUDGMENTS

Article 326. Deliberation of judgments

1. Only judges and lay assessors are empowered to deliberate judgments The deliberation session occurs in the retiring room.

The presiding judge chairing the deliberation session shall be responsible for stating each issue of the case that must be settled through the Trial panel’s deliberation. The presiding judge himself or assigns a member of the Trial panel to execute the written record of deliberation. Members of the Trial panel must settle all and every issue of the case under majority rule. The votes shall be first casted by the lay assessors then by the Judge(s). If the opinions do not win most of the vote, each of the trial panel’s members’ opinions shall be re-discussed and re-voted for the most voted ones.  The minority voters shall be permitted to state their opinions in writing, which are inputted into the case file.

2. The deliberation session shall only consider evidences and documents verified in court on the basis of fully and thoroughly examined evidences and standpoints of Procurators, defendants, defense counsels and other participants in legal proceedings.

3. The following issues of a case must be settled through deliberation:

a) The case is suspended or documents are returned for further investigation;

b) The legality of evidences and documents gathered by Investigation authorities, Investigators, Procuracies and Procurators or provided by lawyers, suspects, defendants and other participants in legal proceedings;

c) The existence of justifications for the conviction of the defendants. If justifications for conviction suffice, the points, sections and articles applicable from the Criminal Code must be specified.

d) Penalties and judicial panels imposed on the defendants; liabilities for compensations; civil matters in the criminal lawsuit;

dd) The defendants‘ exemption from criminal liabilities or penalties;

e) Criminal court fee, civil court fee; handling of evidences; property seized, accounts frozen;

g) The validity of acts and procedural decisions of Investigators, Procurators and defense counsels during the processes of investigation, prosecution and adjudication;

h) Propositions for the prevention of crimes and correction of violations.

4. If the Procurators revoke the entire decision to prosecute, the Trial panel shall continue settling the issues of the case by the sequence defined in section 1 of this Article. If justifications absolve a defendant of guilt, the Trial panel shall declare the defendant not guilty. The trial panel, if considering the revocation of the decision to prosecute groundless, shall decide to suspend the lawsuit and inform the head of the equivalent or immediate superior Procuracy of such matter.

5. If a case comprises a variety of complex facts, the Trial panel can decide to extend the duration of the deliberation for 07 more days at most upon the end of the oral argument session in court. The trial panel must inform the courtroom participants and other participants in legal proceedings, who are absent from the court, of the time, date and location for the pronouncement of judgments.

6. The trial panel, when finishing the deliberation session, shall decide one of the following matters:

a) Pass and pronounce the sentences;

b) Resume the sessions of questioning and oral argument if some facts of the case remain unasked or unclear;

c) Return case files to the Procuracy for further investigation and the Procuracy's addition of documents and evidences;

d) Suspend the lawsuit.

The trial panel must inform the courtroom participants and other participants in legal proceedings, who are absent from the court, of the decisions as stated in Point c and Point d of this Section.

7. If crimes are omitted, the Trial panel shall decide to file a lawsuit according to Article 18 and Article 153 of this Law.

Article 327. Pronouncement of judgments

The presiding judge or a member of the Trial panel shall read the sentence document. In a closed trial, only the ruling section of the sentence document shall be read. Additional explanations on the abidance by the sentences and the right to appeal may be provided after the reading of the sentence document.

Article 328. Discharge of defendants

In the following events, the Trial panel must declare the immediate discharge, in the courtroom, of a defendant in detention, if he is not held in detention for another crime:

1. The defendant is guiltless;

2. The defendant is exempt from criminal liabilities or penalties;

3. The defendant is not sentenced to imprisonment;

4. A suspended jail sentence is imposed on the defendant;

5. The length of the jail sentence is equal to or shorter than the length of the detention of  the defendant.

Article 329. Detention of defendants after the pronouncement of sentences

1. If a defendant held in detention is sentenced to jail and such detention is deemed necessary to enforce the sentence, the Trial panel shall decide to hold such defendant in detention, unless otherwise stated in Section 4 and Section 5, Article 328 of this Law.

2. If a defendant not held in detention is sentenced to jail, he shall only be put in detention for the enforcement of the sentence upon the effect of the sentence. The trial panel can decide to hold a defendant in detention in court if justifications show that he may abscond or continue criminal acts.

3. The time limit for the detention of a defendant, as per Section 1 and Section 2 of this Article, is 45 days upon the pronouncement of the sentence.

4. If a defendant is sentenced to death, the Trial panel shall decide, in the sentence document, to continue the detention of the defendant for the enforcement of the sentence.

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