Decree No. 9/SL On the establishment of procedures for prosecuting high-ranking officials in the Government and administrative and judicial agencies.

DECREE

Number 9 dated January 29, 1947

CHAIRMAN OF THE COUNCIL OF MINISTERS

Considering the special circumstances of the national resistance war,

In accordance with Decree No. 13 dated January 14, 1946 and Decree No. 42 dated April 3, 1946 establishing procedures for prosecuting officials at all levels in the Government and administrative and judicial agencies,

In accordance with the directive on organizing the government and the directive on organizing the judiciary under special circumstances,

In accordance with the proposals of the Ministers of Interior, National Defense, and Justice.

After the Council of Ministers had agreed and after consulting the Standing Committee of the National Assembly,

ISSUES THE DECREE:

Article 1

- During the resistance period, Decree No. 13 dated January 14, 1946, Section B, and Decree No. 42 dated April 3, 1946 will be temporarily suspended from enforcement.

The arrest, detention, and prosecution of officials mentioned in those two decrees and members of the Resistance Committees shall follow the following procedures:

Article 2

- No one may arrest or detain

a) The Chairman of the Standing Committee of the National Assembly, a Minister or Deputy Minister without the consent of the Chairman of the Council of Ministers;

b) A Chairman of the Administrative Committee of a Region, if not previously approved by the Minister of Interior.

An official of a Resistance Committee in a region, if not previously approved by the Ministers of National Defense and Interior.

A Chief Justice or Director of Justice in a region, if not previously approved by the Minister of Justice.

c) A member of the National Assembly, judge, Chairman of the Administrative Committee of a Province, official of a Provincial Resistance Committee, if not previously approved by the Regional Resistance Committee.

As for judges, before making a decision, the Regional Resistance Committee must consult the Director of Justice in the region.

As for members of the National Assembly, after deciding to arrest, the Regional Resistance Committee must immediately inform the Standing Committee of the National Assembly.

The Regional Resistance Committee, after consulting the regional director, may delegate the Provincial Resistance Committee to issue an arrest warrant for a first-level judge in the province who has committed a crime, but before issuing the warrant, the Provincial Resistance Committee must consult the provincial prosecutor.

Article 3

- Regarding minor offenses or serious crimes, complaints or accusations

a) The Chairman of the Standing Committee of the National Assembly, a Minister or Deputy Minister must submit them to the Chairman of the Council of Ministers of Vietnam.

b) A Chairman of the Administrative Committee of a Region, an official in a Regional Resistance Committee, Chief Justice or Director of Justice in a region, must submit them to the Minister of Interior.

c) A member of the National Assembly, a Chairman of the Administrative Committee of a Province, an official in a Provincial Resistance Committee, a relative, must submit them to the Regional Resistance Committee.

If any other administrative or judicial agency receives a complaint or accusation, it must directly forward it to the Chairman of the Council of Ministers of Vietnam, the Minister of Interior, National Defense, or Justice, or the Regional Resistance Committee, as appropriate.

Article 4

The Chairman of the Council of Ministers of Vietnam, the Minister of Interior, the Minister of National Defense, the Minister of Justice, and the Regional Resistance Committee may entrust the Chief Justice of the High Court or the Director of Justice in the region (or the provincial prosecutor if it involves a first-level judge) to conduct preliminary investigations and then decide whether to prosecute before the court.

If the offender is a Minister or Deputy Minister, it must be approved by the Council of Ministers, if it is the Chairman of the Standing Committee of the National Assembly, it must be approved by the Standing Committee of the National Assembly, before prosecution can proceed.

If it is a judge, the Regional Resistance Committee must consult the Director of Justice before making a decision to prosecute before the court.

Article 5

- If prosecution is deemed necessary,

a) Members of the National Assembly, Chairmen of the Administrative Committees of Provinces, officials of Provincial Resistance Committees, and judges will be prosecuted according to the usual procedures applicable to courts, which must include two lay assessors and two professional assessors.

Specifically for Chairmen of the Administrative Committees of Provinces, officials of Provincial Resistance Committees, and judges, the court will be designated by the Director of Justice among the courts in the region, but it cannot be the Provincial Court where the accused currently works.

b) Ministers or Deputy Ministers, Chairmen of Regional Resistance Committees, Directors of Justice in regions, must be prosecuted before the High Court where the offense was discovered, with all chambers convening to hear the case.

In exceptional cases, if the High Court is temporarily suspended, the case will be heard by a Special Court.

The Special Court consists of:

The Minister of Justice or another Minister (if the Minister of Justice is involved in the offense), appointed by the Chairman of the Council of Ministers to serve as the Chief Judge, the Minister of Justice may delegate the Chief Justice to serve as the Chief Judge of the Special Court.

Two Directors of Justice in regions, appointed by the Minister of Justice to serve as assessors.

Two Chairmen of Regional Resistance Committees or their representatives, appointed by the Ministers of National Defense and Interior to serve as associate assessors.

The Chief Prosecutor or a representative judge serves as the prosecutor.

A clerk chosen from among the clerks of second-level courts serves as the clerk.

Upon receiving the indictment, the Chief Prosecutor or the representative judge initiates the prosecution. The Chief Justice of the High Court or the Chief Judge of the Special Court will either determine or appoint an assessor to conduct the investigation.

The High Court or the Special Court will conduct the final hearing and apply the procedures used by the High Court when hearing major criminal cases.

Article 6

In cases of immediate detection of a serious or minor offense, the judicial police officer responsible for the place where the offense occurred has the right to investigate immediately to prevent evidence from being destroyed, and within 24 hours, must transfer the suspect and evidence to the prosecutor or military court commissioner. The prosecutor or military court commissioner must immediately initiate an investigation, interrogate the defendants and witnesses, and obtain instructions from the officers or agencies mentioned in Article 2. After completing the interrogation, and no later than seven full days from the date of receipt of the report from the judicial police officer, if there is no agreement from the officers or agencies mentioned in Article 2, the defendant must be released on bail.

In cases where the defendant is the prosecutor or military court commissioner, the Chief Judge of the ordinary court or military court has the right to conduct such an investigation.

, Clause 1, Clause 2 Article 7a of this Regulation.

- This decree shall apply to all matters that have occurred before the date this decree is signed and have not yet been adjudicated.

Article 8

- The Ministers of National Defense, Interior, and Justice shall implement this decree.