Decree No. 21 On the Organization of Military Courts

DECREE

Organization of Military Courts of the Chairman of the Provisional Government of the Democratic Republic of Vietnam Number 21 dated February 14, 1946

CHAIRMAN OF THE PROVISIONAL CIVILIAN GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM

In accordance with the Decrees of September 13, 1945, September 26, 1945, September 29, 1945, December 28, 1945, and January 15, 1946 on Military Courts;

Considering the need to consolidate these decrees and supplement several provisions;

At the proposal of the Minister of Justice;

After the Council of Ministers has agreed;

ISSUES THE DECREE:

Article 1. In the current special circumstances, military courts established in the Northern region, Central region, and Southern region shall be organized according to the rules set forth in this Decree.

Article 2. The Military Court shall try all persons who have committed acts, before or after August 19, 1945, that harm the independence of the Democratic Republic of Vietnam.

Except for cases where the offender is a soldier, whether as an accomplice or principal, which shall be tried by the military itself.

Article 3. The Military Court shall also try other crimes as prescribed by the decree.

Article 4. The Military Court shall be established at places deemed necessary by the Minister of Justice's decision. That decision shall define the jurisdiction of each court.

Article 5. The Military Court shall be organized as follows:

The bench shall consist of a Chief Judge and two Associate Judges. The Minister of Interior shall appoint a military commissioner to serve as Chief Judge and a political commissioner to sit as an Associate Judge. The Minister of Justice, after consultation with the Minister of Interior, shall appoint a specialized judge to sit as the second Associate Judge. In the Central and Southern regions, the Minister of Interior may delegate this appointment authority to the Chairman of the Administrative Committee of the Region, and the Minister of Justice may delegate it to the Chief Judge of the Supreme Court.

The prosecutor shall be appointed by a joint decree of the Ministers of Justice and Interior. In the Central and Southern regions, the Ministers may delegate this appointment authority to the Chief Prosecutor of the Supreme Court and the Chairman of the Administrative Committee. The government commissioner sitting as prosecutor may be selected from the military, the intelligence service, or among specialized judges.

The defendant has the right to defend himself or to have a lawyer or another person defend him.

A clerk shall record the proceedings, keep the case file, and manage the documents.

Article 6. The judges of the Military Court shall adjudicate according to the law and their conscience.

The prosecutors shall be directly under the control of the Ministers of Interior and Justice and must comply with orders jointly signed by these Ministers. In the Central and Southern regions, the Minister of Interior may delegate this authority to the Chairman of the Administrative Committee to sign, and the Minister of Justice may delegate it to the Chief Prosecutor of the Supreme Court.

Article 7. The Military Court shall conduct trials publicly and may convene outside the courthouse. If there are special reasons, the court may decide to hold a closed trial.

However, regardless of the circumstances, the court shall deliberate in private and announce the verdict in public.

Article 8. The Military Court may impose sentences

1 - Acquittal

2 - Confiscation of part or all of the property

3 - Imprisonment from one year to ten years

4 - Forced labor from five years to twenty years

5 - Death penalty

The court may impose imprisonment or death penalty along with confiscation of part or all of the defendant's property. The court may declare that it lacks jurisdiction.

Article 9. Property confiscated from criminals will be placed in the national fund.

Article 10. When imposing imprisonment, the court may grant probation if there are mitigating circumstances. The suspended sentence will be temporarily suspended. If within five years from the date of sentencing, the criminal is not convicted again by a military court for a new offense, then the previously pronounced sentence will be nullified. If within those five years, the criminal is convicted again by a military court, the suspended sentence will be enforced.

Article 11. Resolutions of the Military Court shall be immediately executed without appeal rights, except in the following case:

If the death penalty is imposed, the criminal has the right to submit a petition to the Chairman of the Government requesting clemency. The execution of the sentence will be suspended pending the Chairman of the Government's decision. Each time a military court imposes the death penalty, the Chief Judge is required to inform the criminal of his right to request clemency from the Chairman of the Government and ask him if he wishes to submit a petition. The criminal's response must be recorded in the judgment; otherwise, the judgment becomes invalid.

Article 12. The Decree of December 24, 1945, authorizing the Southern People's Committee Standing Committee to grant clemency remains in effect.

Article 13. Details regarding the procedures for enforcement at military courts shall be determined by the Minister of Justice's decision.

Article 14. This Decree shall take effect 48 hours after signing.

Article 15. Now revoke the Decrees on Military Courts dated September 13, 1945, September 26, 1945, September 29, 1945, December 28, 1945, and January 15, 1946.

Article 16. The Ministers of Interior and Justice shall implement this Decree.