Resolution No. 509/2004/NQ-UBTVQH11 guiding the implementation of the Resolution of the National Assembly on the enforcement of the Criminal Procedure Code

RESOLUTION

Guidelines for Implementing the Resolution of the National Assembly on the Enforcement of the Criminal Procedure Code

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THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY
SOCIALIST REPUBLIC OF VIET NAM

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992, amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the National Assembly, tenth session;

Pursuant to the Criminal Procedure Code 2003;

Pursuant to Resolution No. 24/2003/QH11 dated November 26, 2003 of the National Assembly, Session 4, on the enforcement of the Criminal Procedure Code;

RESOLUTION:

Article 1. On the basis of strengthening the cadre force and material infrastructure of Investigation Agencies, Public Prosecution Offices, and People's Courts at the district, city, town, provincial level (hereinafter referred to as People's Courts at the district level), Investigation Agencies, Public Prosecution Offices, and Military Courts in regions; while ensuring consistency in the exercise of investigative, prosecution, and adjudicative powers of these agencies, the Supreme People's Court shall annually take the lead in coordinating with the Supreme Public Prosecution Office and the Government to uniformly propose the Standing Committee of the National Assembly to decide which People's Courts at the district level and Military Courts in regions shall implement the adjudicatory power stipulated in Clause 1, Article 170 of the Criminal Procedure Code 2003, ensuring that by July 1, 2009, all People's Courts at the district level and Military Courts in regions nationwide will uniformly implement this adjudicatory power.

Article 2. As of July 1, 2004, the investigation, prosecution, and adjudication of specific criminal cases shall be carried out as follows:

1. In places where People's Courts at the district level and Military Courts in regions have been assigned to implement the adjudicatory power stipulated in Clause 1, Article 170 of the Criminal Procedure Code 2003, Investigation Agencies and Public Prosecution Offices at the same level shall investigate and prosecute crimes within the jurisdiction of those courts;

2. In places where People's Courts at the district level and Military Courts in regions have not yet been assigned to implement the adjudicatory power stipulated in Clause 1, Article 170 of the Criminal Procedure Code 2003, Investigation Agencies, Public Prosecution Offices, and People's Courts at the same level shall investigate, prosecute, and adjudicate less serious and serious crimes, except for those crimes specified in Points a, b, and c of Clause 1, Article 170 of the Criminal Procedure Code 2003; for very serious crimes, Investigation Agencies, Public Prosecution Offices, and People's Courts at the next higher level shall investigate, prosecute, and adjudicate;

3. For criminal cases within the jurisdiction of People's Courts at the district level and Military Courts in regions in places where these courts have been assigned to implement the adjudicatory power stipulated in Clause 1, Article 170 of the Criminal Procedure Code 2003, but before the assignment of such power to these courts, the investigative agencies at the provincial level (hereinafter referred to as provincial level) and military regions and equivalents (hereinafter referred to as military region level) had accepted the case, then:

a) In the case where the Investigation Agency at the provincial level or the Military Investigation Agency at the military region level had accepted the case, continue the investigation until completion and transfer the case file to the Public Prosecution Office at the same level for resolution;

b) In the case where the Public Prosecution Office at the provincial level or the Military Public Prosecution Office at the military region level had accepted the case, continue to resolve it, if a decision to prosecute is made, transfer the case file and authorize the Public Prosecution Office at the district level or the Military Public Prosecution Office in regions with jurisdiction to exercise public prosecution rights at the trial of the court at the same level;

c) In the case where the People's Court at the provincial level or the Military Court at the military region level had accepted the case, continue to resolve the case at the first instance level;

4. For criminal cases that have been adjudicated at the first instance with the defendant declared innocent, but the judgment was appealed or protested according to the appellate procedure before July 1, 2004, indicating that the defendant committed a crime and has not yet been tried, the appellate court shall apply Article 250 of the Criminal Procedure Code 2003 to revoke the first-instance judgment and remand the case to the first-instance court for retrial if there is evidence that the person committed a crime;

5. For judgments and decisions in criminal cases that have taken legal effect and were protested according to the cassation procedure before July 1, 2004, and have not yet been tried, when reviewing, the Cassation Council shall decide according to the provisions of Article 285 of the Criminal Procedure Code 2003.

Article 3. The Government, the Supreme People's Court, and the Supreme Public Prosecution Office shall be responsible for implementing and guiding the enforcement of this Resolution within their respective functions and duties./.