PROCEDURES FOR CRIMINAL FIRST- INSTANCE TRIAL
OUTLINES
1. General provisions on trial of criminal first-instance court sessions.
2. Procedures for starting criminal first-instance court hearings.
3. Cases of adjournment of criminal first-instance court hearings.
A criminal trial is the first trial of a case in a competent Court. The order of the trial is conducted in accordance with the provisions of the Criminal Procedure Code 2015. The following article will inform readers of necessary information about the procedure for starting a criminal first-instance trial according to regulations. in the Criminal Procedure Code 2015.
Illustration of the first-instance criminal trial
The procedure for adjudicating a criminal first-instance court hearing includes the following steps:
- Step 1: Procedure to start the trial: check the attendance of the court participants and the necessary conditions to start a trial.
- Step 2: Litigation procedures at court: including questioning and argument procedures at court.
- Step 3: Judgment: The trial panel enters the deliberation room to discuss and decide on the verdict.
- Step 4: Sentencing: The presiding judge reads the judgment or a member of the Trial Panel reads the judgment.
- After the end of the first-instance criminal trial:
- From the date of pronouncement, within 10 days, the first-instance court shall send the judgment in accordance with Article 262 of the 2015 Criminal Procedure Code;
- In case, the defendant is absent because he is abroad or has a reason to escape, within 10 days from the date of judgment pronouncement, the first-instance court shall post the judgment at the agency or organization at the workplace or the headquarters of the administration of the commune, ward or township where the defendant resides and make a record of posting clearly stating the date, month and year, certified by the administration of the commune, ward or township place of residence or agency or organization at the last place of work of the defendant and recorded in the case file. The judgment must be posted publicly for at least 15 days from the date of posting;
- Send the judgment to the competent civil judgment enforcement agency.
- If the judgment is appealed, the first-instance court must notify the same-level procuracy and the people involved in the appeal in writing within 07 days from the date of expiration of the time limit for appeal;
- In case the judgment is protested against, the procuracies must send the protest decision to the defendant and people involved in the protest within 2 days from the date of issuance of the protest decision.
Illustration of the procedure for starting a criminal first instance trial
- Procedures for starting a criminal first-instance court hearing are prescribed from Article 300 to Article 305 of the 2015 Criminal Procedure Code as follows:
- Procedures for starting a criminal first-instance trial
- Procedures for starting a criminal first-instance court hearing are prescribed from Article 300 to Article 305 of the 2015 Criminal Procedure Code as follows:
- Before the opening of the trial: The court clerk shall check the presence of the procedure participants summoned by the Court; If anyone is absent, he/she must clearly state the reason and disseminate the rules of the court hearing.
- Opening of the trial:
- The presiding judge of the court session opens the court session and reads the decision to bring the case to trial;
- The secretary shall report to the Trial Panel on the presence and absence of procedure participants summoned by the Court.
- The presiding judge of the court session shall check the presence of the procedure participants according to the court's summons; background check and dissemination of rights and obligations to procedure participants, as follows:
- For the defendant: Ask about the full name; date of birth; place of birth, place of residence; educational level; job; family circumstances; criminal; date of detention or detention.
- For the defendant's legal representative: Ask for full name; year old; place of birth, place of residence; job; relationship with the defendant.
- For victims, persons with related rights and obligations, and their legal representatives: Ask for full name, place of residence, occupation, age. If it is an organization, ask for the name and head office of the agency or organization; full name, occupation, age and place of residence of the legal representative of the agency or organization.
- The presiding judge of the court session shall ask the procurator and procedure participants present at the court hearing about the proposal to change judges, jurors, procurators, court clerks, property appraisers, interpreters, etc. translator, examiner. In case someone requests a change, the Trial Panel shall consider and decide on such change.
- The presiding judge of the court hearing introduces the full name, age, and position of the interpreter, translator and expert, and explains the rights and obligations of these persons (in case they are present at the court hearing) and the This person must commit to complete the task.
- The presiding judge of the court session asks witnesses about their full names, occupations and places of residence, and clearly explains their rights and obligations. The witness affirms that the testimonies are true and not false; if the witness is a minor, there is no need to make such commitment.
- Before the presiding judge of the court session asks the witness about the case, the presiding judge of the court session shall decide to let the witness not hear the testimonies or contact the persons involved in the case to ensure transparency and objectivity. If the testimony of the accused and the witness have influence on each other, the chairperson shall decide to isolate the accused from the witness before questioning the witness.
- The presiding judge of the court session shall ask the procurator and procedure participants present at the court hearing if it is necessary to summon more witnesses or request evidences and documents. If the procedure participants are absent or present at the court hearing but are not healthy enough to participate in the court session, the presiding judge of the court session shall ask if anyone has requested the adjournment of the court session; in case someone requests to postpone the court session, the trial panel shall consider and decide.
- At the court hearing, the Trial Panel shall decide to postpone the trial according to Article 297 of the 2015 Criminal Procedure Code in the following cases:
(1) Change of judges and people's jurors.
(2) Change of Procurator.
(3) No Judge; Alternate Judge to replace or must change Judge without alternate Judge to replace.
(4) Alternate Procurator is not present when changing Procurator.
(5) Defendant is absent due to force majeure or objective obstacles
(6) The defense counsel's first absence due to force majeure or objective obstacles, unless the defendant agrees to trial in the defense's absence.
(7) In the absence of the victim, involved parties or lawful representatives, the Trial Panel shall decide to continue or postpone the court hearing, depending on the case.
(8) If the expert or property appraiser is absent, the Trial Panel shall, on a case-by-case basis, decide to continue or postpone the court hearing.
(9) If the translator or interpreter is absent and there is no substitute, the Trial Panel shall decide to postpone the court session.
See more:
➤ Penalties are prescribed under the 2015 Penal Code.
➤ Distinguish between intentional and unintentional crimes.
➤ What is Criminal Procedure? Stages of criminal proceedings.
➤ Prosecution procedures and decisions made in prosecuting criminal cases.
Above is the content of the order and procedures for starting the criminal first-instance trial of Thinh Tri Law Firm to send to readers. If you have any questions, please contact Hotline 1800 6365 for advice.
