Decree 33C Regarding the Establishment of Military Courts

DECREE-LAW

No. 33C dated September 13, 1945

CHAIRMAN OF THE PROVISIONAL GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM

Pursuant to the proposal of the Minister of Justice,

After the Provisional Government Council has agreed and approved on September 12, 1945,

ISSUES THE DECREE-LAW:

Article I: A military court shall be established in the Northern region: at Hanoi, Hai Phong, Thai Nguyen, Ninh Binh; in the Central region: at Vinh, Hue, Quang Ngai; and in the Southern region: at Saigon, My Tho.

The People's Committee of the Central and Southern regions may report to the Government requesting the establishment of additional military courts in other important locations within their respective jurisdictions.

Article II: Military courts shall try all individuals who commit acts detrimental to the independence of the Democratic Republic of Vietnam.

Except when the offender is a soldier, such cases will be handled by the military according to military law.

Article III: Decisions of military courts shall be immediately enforced without appeal rights, except in the following circumstances:

If the sentence pronounced is death, the convict has the right to submit an application for clemency to the Chairman of the Government. The execution of the sentence will be suspended pending a decision by the Chairman of the Government.

Whenever a military court sentences someone to death, the Chief Judge must inform the convicted person of their right to apply for clemency from the Chairman of the Government and ask if they wish to submit an application.

The response of the convict must be recorded in the judgment; otherwise, the judgment becomes invalid.

Article IV: Sentences may include:

1- Acquittal.

2- Confiscation of part or all property.

3- Imprisonment from one to ten years.

4- Death penalty.

If there are justifiable reasons for leniency due to age, sincere repentance, mistake, etc., the court may impose a suspended sentence. This means that although the judgment is pronounced, it will not be enforced; if within five years from the date of pronouncement, the convict does not commit another crime before a military court, the previously pronounced sentence shall be nullified and considered non-existent; if during this five-year period, the convict is sentenced again by a military court, the suspended sentence will be enforced.

Article V: The composition of military courts shall be as follows:

The bench consists of the Chief Judge and two assessors. The seat of the Chief Judge and the seats of the assessors shall be occupied by a Military Commissioner and a Political Commissioner, respectively. The second assessor's seat will belong to a specialized judge from the judiciary.

The Military Commissioner and the Political Commissioner shall be appointed by the military and the People's Committee at the local level, while the specialized judge from the judiciary shall be designated by the Chief Prosecutor of the High Court.

A Military Commissioner or an Investigator will prosecute the case.

The defendant may defend themselves or seek representation from another person.

A clerk sits to record the proceedings and the judgment.

Article VI: The trial shall be held in public. If there are special reasons, the Court may decide to hold a closed hearing.

However, in any case, the Court shall deliberate in private and pronounce judgment in public.

Article VII: In places far from established Military Courts, the Government, in exceptional cases, may authorize local People's Committees to establish a military court with jurisdiction for a certain period and in accordance with the principles set forth in this decree.