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The Supreme People's Court of Vietnam: Benchbook Online

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1.3.5. Deliberation and pronouncement of judgments


Related legal documents
  • CrPC (Articles 222, 225, 226, 227, 228)
  • Resolution No. 04/2004/NQ-HDTP dated 5 November 2004 of the SPCJC (hereinafter referred to as Resolution No. 04/2004) (Sub-section 1.4 and Sub-section 1.5 of Section 1, Section 2 and Section 3 of Part IV)

  • Main tasks and practical skills:

    • The deliberation of a judgment must be conducted in accordance with Article 222 of the CrPC and Section 1 of Part IV of Resolution No. 04/2004.
    • The minutes of the deliberation must be taken in accordance with Item 4 of Article 222 of the CrPC and Sub-section 1.4 of Section 1 of Part IV of Resolution No. 04/2004 and Form  05d (promulgated with Resolution No. 04/2004).
    • During the deliberation, if any fact in the case is found to have not been fully interrogated, the Trial Panel shall decide to reopen the interrogation and oral argument.
    • Rendering of judgments must be conducted in accordance with Article 224 of the CrPC and Section 2 of Part IV of Resolution No. 04/2004. It must follow the form of a first instance criminal judgment (promulgated with Resolution No. 04/2004).
    • When necessary, in addition to the judgment, court shall make the request that shortcomings in the governance be corrected as provided in Article 225 of the CrPC.
    • Pronouncement of the judgment must be conducted in accordance with Article 226 of the CrPC and Section 3 of Part IV of Resolution No. 04/2004. All people in the Court should stand up when judgment is pronounced After the pronouncement of the judgment, the Judge should consider whether it is necessary to further explain the enforcement of the judgment and the right to appeal.
    • The Judge must consider whether the release of the accused or arrest of the accused for detention after pronouncement of the judgment is in accordance with Articles 227 and 228 of the CrPC and Section 4 of Part IV of Resolution No. 04/2004. Decision on the release of the accused must follow Form 05dd (promulgated with Resolution No. 04/2004). Decision on the arrest of the accused for detention must follow Form 01dd (promulgated with Resolution No. 03/2004).