Decree No. 170/SL of 1948 reorganizing Military Courts, abolishes and replaces Article 5 of Decree No. 21/SL of 1946 on the establishment and operation of Military Courts. This document specifies the structure and the authority to appoint Chief Judges, assessors, and public prosecutors.
적용 범위
Minister of Interior, Minister of Justice, Minister of Military Affairs, Commander-in-Chief of the National Army, Ministry of Defense, Anti-French Resistance Administrative Committee of the Region, Anti-French Resistance Administrative Committee of the Province, Chief Judge of Military Court.
핵심 사항
- The Minister of Interior and the Minister of Justice designate members of the Anti-French Resistance Administrative Committee of the Region or Province to hold the position of Chief Judge (Article 5).
- The Minister of Military Affairs, after consultation with the Minister of Justice, the Commander-in-Chief of the National Army, and the Ministry of Defense, designates a political commissar or battalion political officer to sit as the first assessor (Article 5).
- The Minister of Justice designates a specialized judge to sit as the second assessor after consultation with the Minister of Interior (Article 5).
- The authority to appoint Chief Judges and assessors may be delegated to the Administrative Committee of the Term or the Chief Judge of the Superior Court in Central and Southern Regions (Article 5).
- The Minister of Justice and the Minister of Interior designate public prosecutors, this authority may also be delegated to two Chief Prosecutors of the Superior Court and the Administrative Committee of the Term in Central and Southern Regions (Article 5).
🌐 이 문서의 사회적 영향
- Enhance professionalism in the establishment and operation of Military Courts.
- Reduce the burden on higher levels in personnel appointments by delegating authority to lower levels.
- Ensure fairness and transparency in the trial process.
❓ 자주 묻는 질문
Who can the Minister of Interior designate to hold the position of Chief Judge?
The Minister of Interior, after consultation with the Minister of Justice, designates a member of the Anti-French Resistance Administrative Committee of the Region or Province to hold the position of Chief Judge.
Who sits as the first assessor?
The Minister of Military Affairs, after consultation with the Minister of Justice, the Commander-in-Chief of the National Army, and the Ministry of Defense, designates a political commissar or battalion political officer to sit as the first assessor.
Whose authority to appoint Chief Judges can be delegated?
In Central and Southern Regions, the authority to appoint Chief Judges can be delegated to the Administrative Committee of the Term or the Chief Judge of the Superior Court.
Who is designated as public prosecutor?
The Minister of Justice and the Minister of Interior designate public prosecutors, this authority may also be delegated to two Chief Prosecutors of the Superior Court and the Administrative Committee of the Term in Central and Southern Regions.
What rights does the defendant have in court?
The defendant has the right to defend themselves or seek defense from a lawyer or another person.
전문
DECREE
NUMBER: 170 DATE: APRIL 14, 1948
ISSUED BY THE CHAIRMAN OF THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM
PRESIDENT OF THE VIETNAM DEMOCRATIC REPUBLICIC GOVERNMENT
Pursuant to Decree No. 21 dated February 14, 1946 organizing Military Courts,
At the proposal of the Minister of Justice and the Minister of Home Affairs,
After the Council of Ministers has agreed,
ISSUES THE DECREE:
Article 1
Article 5 of Decree No. 21 dated February 14, 1946 mentioned above is hereby abolished and replaced by the new Article 5 as follows:
"New Article 5 - The Military Court shall be established as follows:
The bench consists of the Chief Judge and two assessors:
- The Minister of Interior Affairs, after consultation with the Minister of Justice, shall designate a member of the Anti-French Resistance Administrative Committee of the Regional Command or the Anti-French Resistance Administrative Committee of the Province to serve as the Chief Judge,
- The Minister of Defense, after consultation with the Minister of Justice, the General Commander of the National Army, and the Ministry of National Defense, shall designate a political officer or a battalion political commissar to serve as the first assessor,
- The Minister of Justice, after consultation with the Minister of Interior Affairs, shall designate a specialized judge to serve as the second assessor.
In Central Vietnam and South Vietnam, the right to designate may be delegated by the Minister of Interior Affairs to the Administrative Committee of the Region, and by the Minister of Justice to the Chief of the High Court.
The prosecutor stands to present the indictment. The Ministers of Justice and Interior Affairs jointly appoint the prosecutor. In Central Vietnam and South Vietnam, the two Ministers may delegate this authority to the Chief Prosecutor of the High Court and the Administrative Committee of the Region. The government commissioner serving as the prosecutor may be selected from the military, the Public Security Office, or among specialized judges.
The defendant has the right to defend himself or to have a lawyer or another person defend him.
A clerk sits to record the proceedings, keep custody of prisoners, and manage documents."
Article 2
The other provisions of Decree No. 21 dated February 14, 1946 remain unchanged.
Article 3
The Minister of Interior Affairs, the Minister of Justice, and the Secretary of the Chairman of the Government shall implement this decree.
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Ho Chi Minh City (Signed)
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