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The Supreme People's Court of Vietnam: Benchbook Online

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3.1.3. The Judge shall determine the right to protest under the cassation


Related legal documents
  • Law on Organization of People’s Courts (Article 26)
  • Law on Organization of Supreme People’s Procuracy (Article 9)
  • CrPC (Articles 36, 38)
  • CrPC (Articles 275, 276, 277, and 278)

  • Main tasks and practical skills

    • The Judge should rely on Article 275 of the CrPC to determine the right to protest under the cassation procedure. However, under Article 26 of the Law on Organization of People’s Courts, Article 9 of the Law on Organization of People’s Procuracy, Articles 36 and 38 of the CrPC, the Deputy Chief Justice of the SPC or Deputy Director of the Supreme People’s Procuracy, who is assigned to supervise relevant matters related to the case, may protest against the case under the cassation procedure   on behalf of the Chief Justice or the Director of the Supreme People’s Procuracy.
    • When someone is assigned to assist a person who has the right to protest under the cassation procedure, s/he, in addition to understanding tasks and practical skills as referred to in above Sub-sections 3.1.1. and 3.1.2., needs to study the provisions of Articles 276, 277 and 278 of the CrPC.