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The Supreme People's Court of Vietnam: Benchbook Online

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PART TWO - HEARING OF CRIMINAL CASES
	1. Hearing of first instance
		1.1. Receiving and accepting a case file
		1.2. Preparing for hearing of first instance
			1.2.1. The Judge should determine jurisdiction to hear the case
			1.2.2. The Judge should determine time limit of preparation for hearing
			1.2.3. The Judge should consider application, alteration or rescission of deterrent measures
			1.2.4. The Judge should study the case file
			1.2.5. The Judge should issue a decision.
			1.2.6. The Judge should summon relevant persons to court for interrogation.
			1.2.7. The Judge should require relevant divisions to serve the Court’s decisions
			1.2.8. The Judge shall check the preparation for opening the trial of first instance of the case.
		1.3. Trial of first instance
			1.3.1. The Judge should understand and follow general provisions on the proceedings at the trial.
			1.3.2. Procedure for commencement of the trial
			1.3.3. Procedure for interrogation at the trial
			1.3.4. Oral argument at the trial
			1.3.5. Deliberation and pronouncement of judgments
			1.3.6. Post-trial tasks
	2. Applelate hearing
		2.1. The Judge should consider the legality of appeals and protests
		2.2. Preparing for appellate hearing.
			2.2.1. The Judge should determine scope of appellate hearing.
			2.2.2. The Judge should determine time limit of preparation for hearing
			2.2.3. The Judge should consider application, alteration or rescission of deterrent measures
			2.2.4. The Judge should transfer the case file to the Procuracy of the same level as the Court of Appeal
			2.2.5. Composition of an Appellate Trial Panel.
			2.2.6. The Judge should study the case file
			2.2.7. The Judge should require the functional division to serve the Court’s decisions.
			2.2.8. The Judge should summon persons necessary for interrogation to trial.
			2.2.9. The Judge should prepare for issuing decisions on arrest and detention of the accused after pronouncement of the judgment
		2.3. Appellate trial
			2.3.1. General provisions on procedures of an appellate trial.
			2.3.2. Procedure for commencement of the trial
			2.3.3. Procedure for interrogation at the trial
			2.3.4. Oral argument at the trial; deliberation and pronouncement of judgments; post-trial tasks.
	3. Review of legally enforceable judgments or decisions
		3.1. Review of legally enforceable judgments or decisions under the cassation procedure
			3.1.1. The Judge should determine the grounds for an appeal under the cassation procedure and the nature of cassation review
			3.1.2. Detecting legally enforceable judgments or decisions which need to be reviewed under the cassation procedure
			3.1.3. The Judge shall determine the right to protest under the cassation
			3.1.4. The Judge shall determine jurisdiction of cassation review
			3.1.5. Cassation review hearing
			3.1.6. Post-trial tasks
		3.2. Review of legally enforceable judgments or decisions under the retrial procedure
			3.2.1. The Judge shall determine the grounds for a protest under the retrial procedure and the nature of retrial
			3.2.2. Notification and verification of fresh evidence
			3.2.3. Determination of the right to protest under the trial procedure
			3.2.4. The Judge shall determine jurisdiction of retrial
			3.2.5. Conducting a retrial
			3.2.6. Post-trial tasks
	4. Hearing of juvenilr offenders
		4.1. Procedure for hearing juvenile offenders
			4.1.1. The Judge shall determine which laws apply to a juvenile offender
			4.1.2. The Judge shall determine the correct age of a juvenile offender
			4.1.3. Arrest, custody and detention of a juvenile offender
			4.1.4. The Court should ensure legal assistance for the juvenile offender
			4.1.5. Hearing a juvenile offender
		4.2. Directivess on dealing with juvenile offenders
		4.3. Decision on penalty imposed on juvenile offenders
	5. Hearing criminal cases relating to women
		5.1. Hearing criminal cases having a female accused
			5.1.1. Ensuring right to have an equal footing before laws
			5.1.2. Ensuring general proceedings and specific characteristics of a female accused
			5.1.3. The Judge must understand and implement well the provisions of the CrPC and Penal Code on orientations in dealing with a female accused
		5.2. Hearing criminal cases in which the victim is a women
			5.2.1. Ensuring proper implementation of general proceedings and specific characteristics of the female victim
			5.2.2. The Judge must understand and correctly apply provisions of the Penal Code when victims are female
	6. Sentencing
		6.1. Grounds for sentencing
			6.1.1. The Judge should apply the provisions of the Penal Code
			6.1.2. The Judge should consider nature and extent of danger caused to Society by offences
			6.1.3. The Judge should consider the personal status of offenders
			6.1.4. The Judge should consider facts of extenuation and aggravation of criminal liability
		6.2. The Judge should identify aggravating and mitigating elements
			6.2.1. The Judge should identify mitigating elements
			6.2.2. The Judge should determine aggravating elements
	7. Issues in relation to remission of sentence and exemption from serving sentence
		7.1. Determine jurisdiction with respect to a decision on such extenuation or remission
		7.2. File of application for extenuation of term of penalty or remission of penalty serving
		7.3. Conditions of remission of sentence and exemption from serving sentence
		7.4. Procedure for considering remission of sentence or exemption from serving sentence
	8. Hearing of robbery offence
		8.1. The Judge should study thoroughly the “Robbery Offence” as provided in Article 133 of the Penal Code
			8.1.1. The Judge should determine whether the offender uses violence or the threat of immediate violence or otherwise acts to cause the victim not to resist to take the victim’s property
			8.1.2. The Judge should distinguish the “Robbery Offence” from other offences relating to illegal appropriation of property
			8.1.3. The Judge should determine the age for being subject to criminal liability in respect of the “Robbery Offence”
			8.1.4. The Judge should determine a number of facts that aggravate the penalty


Appendix - Legal references


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