Main tasks and practical skills:
- Before opening the trial, the Judge should request the Court Clerk to read out the court rules and measures taken against persons disrupting the trial, as provided in Article 198 of the CrPC, check whether persons summoned to the court are all present and identify the reasons for any absence, then report to the Trial Panel.
- Because the Court of Appeal does not issue any decision on bringing the case to trial, the presiding Judge shall read out an opening speech instead of the decision on bringing the case to trial, after the Trial Panel enters the court room (The opening speech must be in accordance with Sub-section 4.2 of Section 4 of Part II of Resolution No. 05/2005). During the reading, all people present have to stand up, like when the judgment is pronounced.
- After opening the trial, the presiding Judge shall request the Court Clerk to report the list of persons present upon summons, and identify reasons for any absence;
- Subsequent tasks, such as checking identity cards of persons present upon summons, explaining to them their rights and obligations, etc. must be conducted according to Sub-section 1.3.2 of Section 1.3 under Heading 1 “Hearing of first instance” of Part Two of this Bench book.
- Noting that if a person summoned to the court is absent, the Judge should study Item 2 of Article 245 of the CrPC and Section 3 of Part II of Resolution No. 05/2005 to decide to suspend or continue the trial.
- Deliberation and approval of the above decision shall be conducted in the court room, may not be made in writing but must be recorded in the minutes of the trial.
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