Regulations on supervision of settlement of civil cases

The Supreme People’s Procuracy has just issued Decision 364/QD-VKSTC promulgating the Regulation on supervision of the settlement of civil cases. This Regulation replaces the Regulation promulgated together with Decision 567/QD-VKSTC in 2012.

Accordingly, the new regulations stipulate quite in detail the tasks and powers of the Procuracy; supervision of the settlement of civil cases. Notably, Decision 364/QD-VKSTC detailed the inquiries, requests, proposals, recommendations and statements of the Procuracy at a separate court session in Article 23.

Specifically, at the trial, only questions were asked that were still unclear in order to clarify the objective truth of the case.

The procurator may request the trial panel to publish documents, listen to audio tapes and discs, view video tapes, video discs, and other audio and image storage devices (if any); examine evidence.

The procurator may also request the suspension or postponement of the court session when there are grounds in accordance with the provisions of law.

Procurators may recommend to the trial panel the application, change or cancellation of the provisional emergency measure or not apply, change or cancel the provisional urgent measure, and propose remedial measures at law. trial (if any).

Based on documents and evidences in the case file and developments at the court hearing, the procurator may add a written statement of opinions and express opinions of the Procuracy on the following contents: procedural law of the judge, the trial panel, the clerk of the court session and of the participants in the proceedings from the time the case is accepted until before the time the trial panel delibes; the settlement of the case according to the provisions of Article 262 of the CPC and the guidance in Clause 1, Article 28 of the CPC No. 02/2016.

In case the procurator requests the trial panel to suspend the court session in order to collect and verify documents and evidence to ensure sufficient grounds to settle the case, but the trial panel refuses to accept it and still conducts the trial, The procurator continued to participate in the trial, expressing the opinion of the procuracies, stating that there was not enough basis to settle the case because of the lack of evidence that the procurator had requested the court to verify and collect. . After the trial, the procurator must promptly report to the leader of the Procuracy on the results of the first-instance trial to consider and request the court to remedy the violation.

When the presiding judge of the court hearing pronounces the judgment, the procurator must record the observations, legal grounds and part of the decision of the judgment to serve as a basis for supervising the judgment or decision.

Source: According to

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Post Author: Nguyen Thi Tam