What characteristics do appellate trials have in Vietnam?
What are the characteristics of appellate trial in Vietnam? What are appellate jurisdiction in Vietnam? Looking forward to your consultancy. Thank you!
<subquestion>What are the characteristics of appellate trial in Vietnam?</subquestion>
Pursuant to Article 330 of the Criminal Procedure Code in 2015 stipulating characteristics of appellate trial in Vietnam as follows:
1. Appellate trial means that the immediate superior Court re-tries a case or re-considers the decisions passed by the first instance court, whose judgments and rulings pronounced for the case are appealed before coming into force.
2. The decisions in a first instance court, which are appealed, refer to decisions to suspend or dismiss the case or lawsuit against suspects and defendants and other decisions in the first instance court as per this Law.
<subquestion>What are appellate jurisdiction in Vietnam?</subquestion>
Pursuant to Article 344 of the Criminal Procedure Code in 2015 stipulating appellate jurisdiction in Vietnam as follows:
1. A provincial People’s Court shall have appellate jurisdiction over a district People’s Court's judgments and rulings being appealed.
2. The higher People’s Court shall have appellate jurisdiction over a provincial's judgments and rulings being appealed. However, such appellate jurisdiction shall be subject to territorial jurisdiction.
3. A military court of a military zone shall have appellate jurisdiction over a local military court's judgments and rulings being appealed.
4. The Central military court shall have appellate jurisdiction over the judgments and rulings that were passed by a military court of a military zone and are being appealed.
