Main tasks and practical skills
- If the Judge finds the case eligible for hearing, the Judge shall issue a decision on bringing the case to trial, pursuant to Articles 39, 176 and 178 of the CrPC and Section 3 of Part I of Resolution No. 04/2004. The decision must follow Form 04d (promulgated with Resolution No. 04/2004);
- If the Judge finds out that the circumstances under Item 1 of Article 179 exist, the Judge shall issue a decision to return the case file for further investigation, pursuant to Articles 39, 176 and 179 of the CrPC and Section 4 of Part I of Resolution No. 04/2004. The decision must follow Form 04a (promulgated with Resolution No. 04/2004);
- If the Judge finds that any of the circumstances under Article 160 of the CrPC exists, the Judge shall issue a decision on temporary suspension of the case, pursuant to Articles 39, 160, 176 and 180 of the CrPC. The decision must follow Form 04b (promulgated with Resolution No. 04/2004). Noting that in a case where there are different accused and the ground for temporarily suspending the case do not relate to all the accused, such temporary suspension may be separately applied to an individual accused.
- If the Judge finds any of the circumstances under Item 2 of Article 105, Items 3, 4, 5, 6 and 7 of Article 107 of the CrPC, or if the Procuracy withdraws its decision on prosecution prior to commencement of the trial, the Judge shall issue a decision on suspension of the case, pursuant to Articles 39, 176 and 180 of the CrPC. The decision must follow Form 04c (promulgated with Resolution No. 04/2004). Noting that in a case where there are a lot of accused and the ground for suspending the case does not relate to all the accused, such suspension may be applied separately to an individual accused.
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