Tiếng Việt
Table of Contents
1. What is an appeal?
2. Time limit for appealing a criminal judgment or decision
3. Who has the right to appeal a criminal judgment or decision
4. How is an appeal against a criminal judgment or decision that is past the deadline resolved?
1. What is an appeal?
An appeal is understood as a procedure conducted after the judgment is announced at the first instance trial and has not yet taken effect immediately. Within 15 days, if the parties do not agree with the judgment of the first instance judgment, they have the right to file an appeal to request a trial of that judgment.
A criminal appeal is the right of the victim, defendant, or litigant when they do not agree with the judgment, when they consider that the judgment or decision has not properly ensured their rights.
2. Time limit for appeal against criminal judgments and decisions
Pursuant to Clauses 1 and 2, Article 333 of the 2015 Criminal Procedure Code, it is stipulated that:
“Article 333. Time limit for appeal
1. The time limit for appeal against a first-instance court’s judgments is 15 days upon the pronouncement of such judgments. If the defendant or litigant is absent from the court, the time limit for appeal commences upon his receipt or the proclamation of the judgments according to the laws.
2. The time limit for appeal against a first-instance court’s rulings is 07 days and commences when the person entitled to appeal receives such rulings.”
Simultanoeusly, the date of appeal is determined as follows:
– In case the appeal petition is sent by postal service, the date of appeal is the date according to the postmark of the place of sending;
– In case the appeal petition is sent through the Warden of the Detention Camp or the Head of the Detention Center, the date of appeal is the date the Warden of the Detention Camp or the Head of the Detention Center receives the petition. The Warden of the Detention Center and the Head of the Detention House must clearly state the date of receipt of the application and sign the confirmation on the application;
– In case the appellant files an appeal at the Court, the date of appeal is the date the Court receives the application. In case the appellant presents the appeal directly to the Court, the date of appeal is the date the Court makes a record of the appeal.
3. Persons with the right to appeal against criminal judgments and decisions
Pursuant to Article 331 of the 2015 Criminal Procedure Code, the following persons have the right to appeal:
“Article 331. Right to appeal
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.”
4. How are appeals against overdue criminal judgments and decisions resolved?
In case of appeal against a criminal judgment or decision that is overdue, it shall be resolved in accordance with the provisions of Article 335 of the 2015 Criminal Procedure Code as follows:
“Article 335. Late appeal
1. The filing of a late appeal shall be permissible on condition that the appellant has been obstructed by force majeure or objective obstacles to lodge an appeal within the time limit as defined by this Law.
2. The court of first instance, in 03 days upon receiving a late appeal, shall forward to the appellate court the written appeal, the appellant’s letter explaining the retardation of the appeal and evidences, documents and items (if available).
3. The appellate court, in 10 days upon receiving the late appeal enclosed with evidences, documents and items (if any), shall establish a Panel of three Judges to scrutinize the late appeal.
The panel that contemplates the late appeal shall be entitled to decide to endorse or reject such appeal in writing and specify its reasons in the written decision.
4. The procurator of the equivalent Procuracy shall attend the meeting, in which the late appeal is perused. The appellate Court, in 03 days prior to its contemplation of the late appeal, shall send a copy of the late appeal with evidences and documents (if any) to the equivalent Procuracy. The procurator shall express the Procuracy’s standpoints on the ratification of the late appeal.
5. The decision by the late appeal review Panel shall be sent to the appellant, the Court of first instance and the Procuracy equivalent to the appellate Court.
If the appellate Court accepts the late appeal, the Court of first instance shall go through the formalities as defined in this Law and send the case file to the appellate Court.”
Thus, to have an overdue appeal approved, the appellant must present his/her opinion and provide sufficient evidence and documents to prove legitimate reasons for the appeal beyond the time limit prescribed by law.