Who has the right to decide the sitting position of the Prosecutor and the Lawyer?

The event that the People’s Court of Da Nang city innovated in the organization of criminal trials, from the arrangement of tables of representatives of the People’s Procuracy (People’s Procuracy) to practice opposite and equal prosecution rights. with the defense lawyer’s desk has shown the spirit of changing from the interrogation procedure model to the interrogation and litigation procedure. This arrangement demonstrates the power, the jurisdictional role of the jury and the body of the court. demonstrate equality and democracy between the two accusers and the defense in accordance with the spirit of judicial reform. The arrangement of the sitting position of the representative of the Procuracy on the same level as that of the lawyer in the trials of the People’s Court of Da Nang city has been highly agreed upon by the public.

The Vietnam Bar Federation and a number of local courts have also proposed to the competent authority to consider the design of the courtroom to ensure equal seats and positions between the KSV and the lawyer at the trial.

However, there are also disagreements, saying that this new arrangement of seats is arbitrary because so far there has been no official document of the central authority to guide it (July 25/July 25). In 2013, the People’s Procuracy of Da Nang city sent an official dispatch to the Supreme People’s Procuracy, asking the Supreme People’s Procuracy to comment on the above issue, in order to avoid arbitrarily arranging the sitting position of the representative of the Procuracy when participating in the trial at the trial session. court…).

Mr. Dinh Van Que – Former Chief of Criminal Court – Supreme People’s Court in the article “Why the lawyer’s seat is “down” published on Ho Chi Minh City Law stated: “The procurator sits higher than the surviving lawyer. now more than 50 years. If you want to change, you must change the name and functions and tasks of the supervisory branch.

According to Resolution 49/NQ-TW of the Politburo, the Procuracy will be reorganized in the model of a prosecutor’s office with the main function of exercising the right to prosecute and strengthening the direction of investigative activities.

In this spirit, the position of lawyers on an equal footing with prosecutors is consistent with the trend of judicial reform. However, when the Procuracy has not become a prosecutor’s office and the function of supervising judicial activities is still there, there is no legal basis for letting the procurator sit on an equal footing with lawyers.

The majority of lawyers agree that lawyers must sit on an equal footing with representatives of the Procuracy to show civility and equality before the law. The lawyers suggested that the Bar Federation must fight to renew its seat and not be able to negotiate only with the court or the Procuracy because these agencies also do not have the power to decide.

So far, the Supreme People’s Court and the Supreme People’s Procuracy have not yet issued official documents on this issue.

WHO HAS TO DECIDE?

The trial is the place where the Court conducts the trial, makes judgments on behalf of the State on violations of the law, disputes and conflicts over rights and obligations arising from social relations. to protect justice, human rights, and legitimate rights and interests of individuals, agencies and organizations. The assurance of order, discipline and respectability at the court hearing is one of the important requirements for the trial to be conducted in a democratic, strict, and legal manner; ensure everyone’s prestige and respect for the Court.

According to the Institute of Science and Technology – Supreme People’s Court: According to the current procedural law (Criminal Procedure Code, Civil Procedure Code, Administrative Procedure Law, one of the mandatory procedures at the court hearing is the following: Before the opening of the court session, the court clerk must disseminate the court’s rules. Also according to current law, violators of the court’s rules may be warned, fined or forced by the presiding judge of the court session. leave the courtroom or be arrested.However, because there is no legal document detailing the rules of the court hearing, the requirements are set for the participants in the proceedings and the person conducting the proceedings. The court proceedings and others attending the trial in the Courts have not yet reached consensus (especially the attendance of journalists, reporters and other participants in the proceedings), making it difficult to deal with the acts of violating the law, obstructing procedural activities at court sessions, and failing to ensure that court sessions are conducted orderly and strictly, is the place where the Court executes justice. According to the provisions of Article 209 of the Civil Procedure Code and Article 127 of the Law on Administrative Procedures, the National Assembly assigns the Chief Justice of the Supreme People’s Court to promulgate the rules of the trial…

The process of drafting a circular by the Chief Justice of the People’s Court on the rules of the court session has not yet provided for the position of the procurator to sit. Therefore, it was suggested that: In the court rules, it is necessary to clearly specify the seating positions of the procedure-conducting persons and the participants in the proceedings, in which it is necessary to clearly specify the seating position of the KSV. holding the right to prosecute must be commensurate with the position of the defense counsel in the criminal case to ensure formal equality, to help the defense counsel have a good mentality when arguing with the prosecutor, to protect his or her body. its owner; This is also a method to concretize the principle of litigation in the trial, which is recognized in Clause 5, Article 103 of the Constitution approved by the National Assembly on November 28, 2013.

In fact, the rules of the trial have been promulgated by the Chief Justice of the Supreme People’s Court, directly affecting those conducting the proceedings, the participants in the proceedings (the defendants, the litigants, the lawyers ..) and the reporters. , those who watched the trial… However, the sitting position of KSV – the lawyer in the public trial has not been regulated yet?! The position of the lawyer, the KSV has many different opinions, this affects the position of the lawyer’s legal activities, who has the right to decide this issue?

Source: tapchitoaan.com

 

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Post Author: Nguyen Thi Tam