Main tasks and practical skills:
- The Judge should study thoroughly the contents of the case and relevant proceedings, according to each fact and offence of the case in a proper order.
- With respect to relevant proceedings, the Judge should consider whether the investigation and prosecution has been conducted in compliance with provisions of the CrPC and other related legal documents, in order to make a decision accordingly.
- With respect to the contents of the case, the Judge should study, in a comprehensive manner, all documents enclosed in the case file in relation to issues in need of substantiation in a criminal case as provided in Article 63 of the CrPC, in order to issue one of the decisions under Item 2 of Article 176 of the CrPC.
- Method of studying a case file may vary depending on each case and each judge’s skills. It is often conducted as follows:
- The Judge should study the bill of indictment and compare it with the conclusion of the investigation; the Judge shall determine a reasonable order for studying each fact and offence of the case on this basis. For example, in a case where different accused are prosecuted with different offences, the Judge should determine a reasonable order for studying the case file. Will it be studying each offence of all accused or studying all offences of each accused, etc.
- The Judge should study testimonies of the persons participating in the proceedings in the following order : accused, victims, civil plaintiffs, civil defendants, persons having related rights and obligations or their lawful representatives, witnesses;
- The Judge should study written comments and reports of bodies and organizations, conclusion of examination and other documents enclosed in the case file;
- The Judge should read carefully legal documents in respect of professional fields concerning the resolution of the case (The Judge should read the full text of each document for understanding the spirit and contents of such document);
- The Judge should take notes of any evidence of guilt and innocence (The Judge should write down in the book of records for a quick search);
- Pursuant to Item 1 of Article 207 of the CrPC, the Judge should have a detailed and specific interrogation plan.
- When studying the case file, the Judge should note the following issues:
- Of all the accused, are there any prosecuted with an offence stipulated in the punishment framework for which the death penalty is the maximum? Is it possible that any of the accused might be sentenced to death? If so, the Judge should pay attention to the composition of the Trial Panel (two judges and three assessors) upon issuance of the decision on bringing the case to trial and ensure the defense right of the accused;
- Of all the accused, is there a juvenile? If so, the Judge should follow provisions of the CrPC which apply to juvenile offenders (Article 57 and Chapter XXXII of the CrPC);
- Of all the accused, do any have mental or physical defects? The Judge should ensure the right of defense of such accused (Article 57 of the CrPC) and apply facts of extenuation as provided in Point n of Item 1 of Article 46 of the CrPC.
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