VIETNAMESE CRIMINAL PROCEDURE CODE - Part Three - FIRST-INSTANCE TRIAL - CHAPTER XIX PROCEDURES FOR OPENING COURT SESSIONS








	
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PART THREE FIRST-INSTANCE TRIAL
CHAPTER XVI JURISDICTION OF COURTS AT ALL LEVELS
Article 170.- Adjudicating jurisdiction of courts at all levels
Article 171.- Territorial jurisdiction
Article 172.- Jurisdiction to adjudicate offenses committed on board aircraft or sea-going ships of the Socialist Republic of Vietnam, which are operating outside the airspace or the territorial sea of Vietnam
Article 173.- Adjudication of defendants committing many offenses falling under the jurisdiction of courts at different levels
Article 174.- Transfer of cases
Article 175.- Settlement of disputes over adjudicating jurisdiction
CHAPTER XVII TRIAL PREPARATION
Article 176.- Trial preparation time limits
Article 177.- Application, change or cancellation of deterrent measures
Article 178.- Contents of decisions to bring cases for trial
Article 179.- Decisions to return files for additional investigation
Article 180.- Decisions to suspend or cease cases
Article 181.- Withdrawal of prosecution decisions by procuracies
Article 182.- Handing of court decisions
Article 183.- Summoning of persons to be questioned at court sessions
CHAPTER XVIII GENERAL PROVISIONS ON PROCEDURES AT COURT SESSIONS
Article 184.- Direct, oral and uninterrupted trial
Article 185.- Composition of first-instance trial panels
Article 186.- Replacement of trial panel members in special cases
Article 187.- Appearance of defendants at court sessions
Article 188.- Supervision of defendants at court sessions
Article 189.- Appearance of procurators
Article 190.- Appearance of defense counsels
Article 191.- Appearance of victims, civil plaintiffs, civil defendants, persons with interests and obligations related to the cases or their lawful representatives
Article 192.- Appearance of witnesses
Article 193.- Appearance of experts
Article 194.- Time limit for postponement of court sessions
Article 195.- Withdrawal of prosecution decisions or conclusion on lesser offenses by procurators at court sessions
Article 196.- Limits of trial
Article 197.- Internal rules of court sessions
Article 198.- Measures against persons violating order at court sessions
Article 199.- Making court judgments and decisions
Article 200.- Minutes of court sessions
CHAPTER XIX PROCEDURES FOR OPENING COURT SESSIONS
Article 201.- Procedures for opening court sessions
Article 202.- Settlement of requests for change of judges, jurors, procurators, court clerk, experts and/or interpreters
Article 203.- Explanation of the rights and obligations of interpreters and experts
Article 204.- Explanation of the rights, obligations of witnesses, and isolation of witnesses
Article 205.- Settlement of requests for examination of evidences and postponement of court sessions due to the absence of persons concerned
CHAPTER XX PROCEDURES FOR INQUIRY AT COURT SESSIONS
Article 206.- Reading of indictments
Article 207.- Inquiring order
Article 208.- Announcement of statements at investigating bodies
Article 209.- Inquiry of defendants
Article 210.- Inquiry of victims, civil plaintiffs, civil defendants, persons with interests and obligations related to the cases or their lawful representatives
Article 211.- Inquiry of witnesses
Article 212.- Examination of exhibits
Article 213.- On-spot examination
Article 214.- Presentation and announcement of documents of the cases and comments and reports of agencies or organizations
Article 215.- Inquiry of experts
Article 216.- Termination of inquiry
CHAPTER XXI ARGUMENT AT COURT SESSIONS
Article 217.- Order of presentation of arguments
Article 218.- Counter-argument
Article 219.- Reopening of inquiry
Article 220.- Final words of defendants
Article 221.- Consideration of withdrawal of prosecution decisions or conclusions on lesser offenses
CHAPTER XXII DELIBERATION AND PRONUNCIATION OF JUDGMENTS
Article 222.- Deliberation of judgments
Article 223.- Reopening of inquiry and argument
Article 224.- Judgments
Article 225.- Proposal to remedy mistakes in the managerial work
Article 226.- Pronouncement of judgments
Article 227.- Release of defendants
Article 228.- Arrest of defendants for temporary detention after the pronouncement of judgments
Article 229.- Handing of judgments

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CHAPTER XIX PROCEDURES FOR OPENING COURT SESSIONS


Article 201.- Procedures for opening court sessions

To open a court session, the presiding judge shall read the decision to bring the case for trial.

After listening to the court clerk reporting on the list of summoned persons who are present, the presiding judge shall examine the identity cards of such persons and explain to them their rights and obligations at the court session.

Where a defendant has not yet been handed the indictment under the provisions of Clause 2, Article 49 and decision to bring the case for trial within the time limit defined in Clause 1, Article 182 of this Code, and if he/she requests, the trial panel must postpone the court session.


Article 202.- Settlement of requests for change of judges, jurors, procurators, court clerk, experts and/or interpreters

Procurators and participants in the procedure must be asked by the presiding judges whether or not they request to change judges, jurors, procurators, court clerks, experts and/or interpreters. If any of them makes such a request, the trial panel shall consider it and make a decision thereon.


Article 203.- Explanation of the rights and obligations of interpreters and experts

If there are interpreters and/or experts participating in the court sessions, the presiding judges shall introduce their full names, occupations or positions and clearly explain their rights and obligations. These persons must pledge to properly perform their tasks.


Article 204.- Explanation of the rights, obligations of witnesses, and isolation of witnesses

1. After asking the full name, age, occupation and residence place of each witness, the presiding judges shall clearly explain their procedural rights and obligations. Witnesses must pledge not to give false testimonies. Particularly, minor witnesses shall not be required to make such pledge.

2. Before witnesses are questioned about the cases, the presiding judges may decide to apply various measures in order to prevent witnesses from hearing each other’s testimonies or meeting with other concerned persons. In cases where the testimonies of defendants and witnesses may influence one another, the presiding judges may decide to separate defendants from witnesses before questioning witnesses.


Article 205.- Settlement of requests for examination of evidences and postponement of court sessions due to the absence of persons concerned

The presiding judges must ask procurators and participants in the procedure whether or not they request to summon more witnesses or to produce more exhibits and documents for examination. If any of the participants in the procedure is absent, the presiding judges must also ask whether or not any of the above-said persons requests to postpone the court sessions. If any person so requests, the trial panels shall consider and decide.

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