VIETNAMESE CRIMINAL PROCEDURE CODE - Part Three - FIRST-INSTANCE TRIAL - CHAPTER XXI ARGUMENT AT 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 XXI ARGUMENT AT COURT SESSIONS


Article 217.- Order of presentation of arguments

1. At the end of the inquiry at the court sessions, procurators shall present the arraignments, proposing the charges against the defendants on the basis of the whole or part of the indictments or conclusions on lesser offenses; if deeming that there are no grounds for conviction, they shall withdraw the whole prosecution decisions and propose the trial panels to pronounce the defendants not guilty.

The arraignments presented by procurators must be based on documents and evidences already examined at the court sessions and opinions of the defendants, defense counsels, defense counsels of the interests of the involved parties and other participants in the procedure at the court sessions.

2. Defendants shall present their defense, if they have defense counsels, such defense counsels shall defend the defendants. Defendants shall have the right to add defense opinions.

3. Victims, civil plaintiffs, civil defendants and persons with interests and obligations related to the cases or their lawful representatives may present their opinions to protect their rights and interests; if they have defense counsels of their interests, such defense counsels shall have the right to present and add opinions.


Article 218.- Counter-argument

Defendants, defense counsels and other participants in the procedure shall have the right to present their opinions on the arraignments made by procurators and put forward their requests. Procurators must present their arguments on each opinion.

Participants in the arguing process shall have the right to respond to opinions of others. The presiding judges must not restrict the arguing time, must create conditions for participants in the arguing process to present all opinions, but they shall, however, have the right to cut out opinions irrelevant to the cases.

The presiding judges shall have the right to request procurators to respond to opinions related to the cases, which are presented by defense counsels and other participants in the procedure but have not yet been touched upon by procurators in their arguments.


Article 219.- Reopening of inquiry

If, through the arguing process, they deem it necessary to further examine evidences, the trial panels may decide to reopen the inquiry. The arguing process must be continued once the inquiry ends.


Article 220.- Final words of defendants

When the participants in the arguing process make no more statements, the presiding judges shall declare to conclude the arguing process.

Defendants shall then be allowed to say their final words. Questions must not be put while the defendants are saying their final words. The trial panels shall have the right to request the defendants not to dwell on matters irrelevant to the cases but must not restrict the time for them to say.

If, in their final words, the defendants additionally present new circumstances of important significance to the cases, the trial panels must decide to re-open the inquiry.


Article 221.- Consideration of withdrawal of prosecution decisions or conclusions on lesser offenses

1. When procurators withdraw part of their prosecution decisions or conclude on lesser offenses, the trial panels shall still continue adjudicating the cases.

2. Where procurators withdraw the whole of the prosecution decisions, the trial panels, before deliberating the judgments, shall request the participants in the procedure at the court sessions to give their opinions on such withdrawal.

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