Decree No. 155/SL of 1950 stipulates on the organization of military courts in the joint zones, abolishes existing military courts that do not comply with regulations, and allows the Ministry of Justice to establish branch courts in special cases. This document specifies the composition of military courts in the joint zones and provisions regarding jurisdiction as well as prosecution, trial, and enforcement procedures.
Scope of application
Military court organizations in the joint zones, Ministry of Interior, Ministry of Defense, and Ministry of Justice
Key points
- Each joint zone establishes one military court (Article 1).
- In special cases, the Ministry of Justice may issue a decree to establish branch courts within the joint zones (Article 2).
- The military court in the joint zone consists of a dedicated chief judge and deputy chief judge appointed by a joint decree of the Ministries of Interior and Justice (Article 3).
- When hearing cases, the military court in the joint zone or its branch courts include members responsible for adjudication and prosecution as specified (Article 4).
- The military court in the joint zone designates judges and associate judges to be responsible for branch courts (Article 5)
🌐 Social impact of this document
- Strengthen legal management organization in the military field, ensuring the rights of citizens and military personnel.
- Reduce the burden on civil courts when handling cases related to the military.
- Directly affected are administrative and judicial agencies in the military field.
❓ Frequently asked questions
How many military courts does each joint zone establish?
One military court for each joint zone (Article 1).
In what circumstances can the Ministry of Justice issue a decree to establish branch courts?
In special cases, the Ministry of Justice may issue a decree to establish branch courts within the joint zones (Article 2).
Who comprises the military court in the joint zone?
The military court in the joint zone consists of a dedicated chief judge and deputy chief judge appointed by a joint decree of the Ministries of Interior and Justice (Article 3).
What members are there when the military court in the joint zone or its branch courts hear cases?
Includes the dedicated chief judge or deputy chief judge; dedicated political associate judge or deputy political associate judge; dedicated professional associate judge or deputy professional associate judge; prosecutor or deputy prosecutor (Article 4).
Does the military court in the joint zone have the authority to designate judges and associate judges responsible for branch courts?
Yes, the military court in the joint zone designates judges and associate judges responsible for branch courts (Article 5).
Full text
DECREE-LAW
OF THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM
NO. 155/SL DATED NOVEMBER 17, 1950
THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM
Pursuant to Decree-Law No. 21 dated February 14, 1946, amended by Decree-Law No. 170 dated April 14, 1948 on the organization of military courts;
Pursuant to the proposals of the Ministers of Interior Affairs, National Defense, and Justice;
In accordance with the resolution of the Council of Ministers after consultation with the Standing Committee of the National Assembly;
ISSUES THE FOLLOWING DECREE-LAW:
Article 1: Military courts are hereby established in each military zone.
Existing military courts that do not conform to this decree-law shall be abolished.
Article 2: In special cases, the Ministry of Justice may issue a decision upon the proposal of the Anti-French Resistance Administration of the Military Zone and the Director of Justice of the Military Zone to establish branch courts. Each branch court is responsible for one or more provinces within the military zone.
Article 3: The military court of the military zone shall consist of:
- A dedicated chief judge and one or more deputy chief judges appointed by a joint decree of the Ministries of Interior Affairs and Justice.
- A dedicated political assessor and one or more deputy political assessors designated by a joint decree of the Ministries of Interior Affairs, National Defense, and Justice.
The political assessor is selected from members of the Anti-French Resistance Administration at the military zone or provincial level, or from the military. If no suitable candidate can be found within these bodies, individuals outside may be chosen.
- A dedicated professional assessor appointed by a joint decree of the Ministries of Interior Affairs and Justice. The deputy professional assessor is either the chief judge or an associate judge of the people's court in the province where the trial takes place.
- A dedicated public prosecutor and one or more deputy public prosecutors designated by a joint decree of the Ministries of Interior Affairs and Justice. Deputy public prosecutors are selected from district attorneys or heads of provincial police departments within the military zone.
Article 4: When hearing cases, the military court of the military zone or branch courts shall consist of:
- A dedicated chief judge or deputy chief judge;
- A dedicated political assessor or deputy political assessor;
- A dedicated professional assessor or deputy professional assessor; responsible for adjudicating cases;
- A public prosecutor or deputy public prosecutor, responsible for prosecuting.
Article 5: The military court of the military zone shall designate judges and assessors to be in charge of branch courts.
Article 6: The provisions of Decree-Law No. 21 dated February 14, 1946, amended by Decree-Law No. 170 dated April 14, 1948, concerning the jurisdiction of military courts, prosecution procedures, trial proceedings, and enforcement of judgments shall now apply to military courts in the joint zones.
Article 7: Any provisions contrary to this Decree-Law are hereby abolished.
Article 8: The Ministers of Interior, Defense, and Justice shall implement this Decree-Law accordingly.
Ho Chi Minh
(Signed)
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