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The Supreme People's Court of Vietnam: Benchbook Online

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1.2.3. The Judge should consider application, alteration or rescission of deterrent measures


Related legal documents
  • CrPC (Article 80)
  • CrPC (Article 88)
  • CrPC (Articles 91,92,93)
  • CrPC (Article 177)
  • Resolution No. 04/2004/NQ-HDTP dated 5 November 2004 of the SPCJC (hereinafter referred to as Resolution No. 01/2000) (Section 2 of Part I)
  • Resolution No. 04/2004/NQ-HDTP dated 5 November 2004 of the SPCJC (hereinafter referred to as Resolution No. 01/2000) (Section 9 of Part I)

  • Main tasks and practical skills:

    • If the Judge finds it necessary to apply, alter or cancel a deterrent measure, such as,  prohibition of leaving one’s place of residence, a guarantee, bail money or property, the Judge shall issue a decision on such application, alteration or cancellation, pursuant to Articles 177, 91, 92 and 93 of the CrPC.
    • If the Judge finds it necessary to apply, alter or cancel a deterrent measure that is detention, the Judge shall report to the Chief Justice or Deputy Chief Justice of the Court for deciding, pursuant to Articles 177, 80, 88 of the CrPC, Section 9 of Part I of Resolution No.03/2004 and Section 2 of Part I of Resolution No. 04/2004. Where the presiding Judge is the Chief Justice or Deputy Chief Justice, they shall have power to issue such decision on application, alteration or cancellation of a deterrent measure. However, they have to sign the Arrest Warrant or the Warrant of Detention under the title of Chief Justice or Deputy Chief Justice.
    • Noting that only the Chief Justice or Deputy Chief Justice of the Court of first instance has power to substitute the deterrent measure of detention with another deterrent measure or vice versa, if necessary.