At which agency in Vietnam should the criminal case be appealed?
In Vietnam, at which agency to file appellate criminal cases? In Vietnam, who has the right to file an appeal against a criminal judgment? Hello, I have a question that my family member has been tried by the court for property theft. Can you tell me if my family wants to appeal the judgment, where can I file an appeal? Thanks for your advice.
<subquestion>In Vietnam, at which agency to file appellate criminal cases?</subquestion>
Article 332 of the 2015 Criminal Procedure Code provides for the appeal procedure as follows:
1. The appellant lodges an appeal to the court that conducted the first instance trial or a court of second instance.
If the defendant is held in detention, the warden of the detention center or head of the detention facility must enable the defendant's execution of his right to appeal. The warden or head shall obtain and forward the written appeal to the first-instance court that issued the judgments or rulings appealed.
The appellant can directly present his appeal to the court that conducted the first-instance trial or the appellate court. The court must make a written record of the appeal as per Article 133 of this Law.
The appellate court, that has made the written record of the appeal or received the written appeal, shall send such record or written appeal to the first instance court for further activities according to general regulations.
According to current regulations in Vietnam, in case you wish to have a criminal judgment appellate (appeal), you can send an application to the Court that has heard the first instance or the Court of Appeal.
<subquestion>In Vietnam, who has the right to file an appeal against a criminal judgment?</subquestion>
Article 331 of the 2015 Criminal Procedure Code stipulates who has the right to appeal as follows:
1. Defendants, crime victims and their representatives shall have the right to appeal against the judgments or rulings of the first instance court.
2. Defense counsels shall have the right to appeal protect the benefits of individuals aged below 18 or having mental or physical defects, who they have defended.
3. Civil plaintiffs, civil defendants and their representatives shall have the right to appeal against parts of the judgments or rulings, that are related to compensations for damage.
4. Individuals having benefits and duties from the case and their representatives shall have the right to appeal against parts of the judgments or rulings, which are associated with their duties and benefits.
5. The protectors of legitimate rights and benefits of crime victims or litigants aged less than 18 or having mental or physical defects shall have the right to appeal against parts of the judgments or rulings, which are in connection with the benefits and duties of those under their protection.
6. A person declared not guilty by a Court shall have the right to appeal against the justifications of the first-instance court’s verdict of no guilty.
Thus, those who fall into the above-said cases will have the right to file an appeal against a criminal judgment.
