(PLO)- The Supreme Court proposed to abolish the provision that the court has the authority to decide to institute criminal cases at the court hearing and the court’s authority to collect evidence.
The Supreme People’s Court has just issued an official dispatch on organizing the study and collection of opinions on the draft Law amending and supplementing a number of articles of the Law on Organization of People’s Courts.
The draft dossier to propose the formulation of a Law amending and supplementing a number of articles of the Law on Organization of People’s Courts will be discussed at the Judicial Reform Deployment Conference on February 26 and 27.
According to the draft, the Supreme Court proposes to abolish the provision that the court has the authority to decide to prosecute criminal cases at court hearings.
The decision to prosecute the case falls within the function of the investigating agency and the prosecution. The court is the adjudicating agency, but making a decision to prosecute a criminal case will affect the objectivity in the adjudicating process of that case.
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The Supreme Court proposed to abolish the court’s authority to prosecute cases and collect evidence. Photo: HD |
Regarding the court’s authority to collect evidence, in option 1, the Supreme Court proposes to remove regulations on the competence to collect evidence in the process of settling and adjudicating criminal cases; stipulate the competence to collect evidences in the process of settling and adjudicating administrative and civil cases.
The court is not obligated to collect evidence. The obligation to collect and provide evidence rests with the involved parties. Courts are competent to assist involved parties in collecting evidences when deems it necessary.
Option 2, the draft proposes to remove regulations on the authority to collect evidence in the process of settling and adjudicating criminal, administrative and civil cases.
In essence, litigation is when the parties present evidence and arguments to defend their point of view. The court acts as an arbitrator to arbitrate on the basis of evidence presented by the parties.
In order to strengthen the litigation in the trial, it is necessary to determine that the responsibility for collecting evidence belongs to the Procuracy, the investigating agency in criminal cases; parties in administrative cases and civil cases.
Courts do not collect evidences during the settlement and adjudication of criminal, civil and administrative cases.
Proposal to establish specialized courts, rename provincial and district courts
(PLO)- The Supreme Court proposed to establish specialized courts, rename the provincial courts to be appellate courts, and district and district courts to be first instance courts.
D. DUNG
