JUDGE IN CRIMINAL CASE TRIAL ACTIVITIES IN VIETNAM

ABSTRACT

The 2015 Criminal Procedure Code, effective from January 1, 2018, was promulgated by the National Assembly of Vietnam to regulate the order, procedures, and content of prosecuting, investigating, and prosecuting activities trial, execution of judgments and other legal relations arising during the resolution of criminal cases. In the People's Court system, the person who does the work to achieve that result is the Judge - the person who holds the balance and, in the name of the State, makes the final judgment that is fair without prejudice wrongly wrong innocent people. This article analyzes and introduces the concept of Judge and the Judge's role in adjudicating criminal cases.

АННОТАЦИЯ

Уголовно-процессуальный кодекс 2015 года, вступивший в силу с 1 января 2018 года, был обнародован Национальной ассамблеей Вьетнама в целях регулирования порядка, процедур и содержания уголовного преследования, судебного разбирательства, исполнения судебных решений и других возникающих правоотношений. В системе народных судов человеком, который выполняет работу по достижению этого результата, является судья – человек, который поддерживает баланс и от имени государства выносит окончательное решение, которое является справедливым и не предвзятым, не допуская ошибочного осуждения невинных людей. В данной статье анализируется и определяется понятие судьи и роль судьи в рассмотрении уголовных дел.

Keywords: Vietnam, Criminal Procedure Code, investigation, criminal case, Court, Judge.

Ключевые слова: Вьетнам, Уголовно-процессуальный кодекс, расследование, уголовное дело, cуд, судья.

Trial is understood as an activity of the Court to consider and resolve criminal, civil, marriage and family, business, commercial, labor and administrative cases with strict compliance with the rules requirements of law and legal order, fair reasoning and general mandatory meaning. The court is the only agency with the function of adjudicating criminal cases. Through judicial activities, the Court contributes to educating citizens about the law, respecting the rules of life, and participating in the fight against crime and other violations of the law. Because the Judge's activities play a core role, closely linked to the Court's activities, regulations on the Court's jurisdiction are clearly stipulated in Vietnam's laws such as the 2015 Criminal Procedure Code, the Law on Organization People's Court in 2014, Ordinance on Judges and Jurors of the People's Court,...

At the same time, in the Court's trial activities, the Judge is considered a core element, of particular importance to any trial. Judicial activities were born very early, associated with the birth of the State, but judges appeared quite late. Judges appeared in the 17th - 18th centuries during a period of strong capitalism. During this period, the idea of dividing power into three branches: legislative, executive and judicial, was formed and created a mechanism to restrain and balance each other, against the monopoly ideology of one person or one agency certain authority holds all state power.

In research works, Vietnamese scholars have also introduced concepts about Judges, but in general they understand that: A Judge is a person who works in the Court, specializing in adjudicating cases and resolve cases under the Court's authority, issue judgments and decisions in the name of the State. Clause 1, Article 1 of the 2002 Ordinance on Judges and Jurors of the People's Courts defines a Judge as “a person appointed according to the provisions of law to perform the task of adjudicating cases and resolving mattersothers fall under the Court's jurisdiction”.

In Clause 1, Article 65 of the Law on Organization of the People's Courts 2014, a Judge is a person who meets the conditions and standards according to regulations and is appointed by the President to perform trial duties. In other words, Judge is a judicial title, only a person working in the Court, participating in judicial activities on behalf of the State. This is considered a comprehensive and comprehensive concept of Judges. Also according to the provisions of Clause 1, Article 66 of the Law on Organization of the People's Courts 2014, People's Court Judges include: 1) Judges of the Supreme People's Court; 2) Senior Judge; 3) Intermediate Judge; 4) Primary judge. Currently, in national legal systems, judges play a core role in judicial activities. In each legal system, there are different regulations related to the duties and powers of judges, which depend on the characteristics of each country's legal system. For example, in countries with the Civil Law tradition, there is a separate judge profession and a school that professionally trains judges, rather than selecting judges from experienced lawyers like in the US, countries in the common law tradition. Judges in Civil Law countries only conduct judicial activities but are not allowed to participate in legislative activities; they are not allowed to create regulations or legal norms.

In England - a typical country of the Common law legal system, the Judge is both the creator of the law, the one who explains and applies the law, and controls the proceedings. The role of the Judge is highly respected in the Common Law system. Lawyers in the UK are divided into two groups: solicitors and barristers. Judges are selected from among the litigators and do not serve tenure. Litigation lawyers are ranked and judges are selected only from higher-ranking, skilled and experienced lawyers (usually with 10 years of experience or more).

In France - a country with a Civil Law tradition - it focuses on training judges. The order of training activities is usually carried out as follows: after studying 4 years of law university, one must enroll in the Bordeaux Judicial College (Ecole national de la magistrature). If possible, you must study for 31 months, while you study you will receive a salary. After graduating, going through an important internship period, you will be appointed to a trial or prosecutor position. It can be seen that in the Civil law tradition, the judge also plays a particularly important role, running the trial as in the Common law tradition. However, the difference is that judges in the Civil law tradition are simply those who apply the law, without the authority to create the law.

The judge is the central figure in the Court system, responsible for adjudicating cases and resolving cases within their jurisdiction to carry out constitutional duties. Unlike other civil servants in the state apparatus, the Judge profession has unique characteristics:

First, Judges always have direct contact with people; The results of the Judge's work directly affect the political and natural life of each person, affecting the interests of the community. The task of protecting justice, protecting human rights, protecting state interests, and the constitutional rights and legitimate interests of organizations and individuals is also the most important task of a Judge.

Second, the Judge is the one who applies the law. On the basis of determining the legal facts and objective truths of the case, the Judge applies the provisions of law to rule on violations of the law and legal disputes, and that judgment gives rise to consequences for the case, to people, to society. All professional activities of judges are carried out in accordance with the order and procedures prescribed by law; be directly affected by the law. Truth, law, fairness, justice are always factors that accompany Judges in work and daily life.

Third, as a person assigned to exercise state power and make judgments related to political life, human nature, social and community interests... so the Judge's activities are always subject to control, control of the law; supervision by legislative and executive agencies; supervision of public opinion and the people according to the provisions of law.

In addition to external supervision, Judges are also subject to internal supervision within the Court. Therefore, along with the law, professional practice regulations and ethical codes of judges are tools for supervision and control within the People's Court system; Those are also the criteria that judges rely on to live and work; Competent agencies and the public carry out control and supervision.

The role of the Judge in the first instance trial of criminal cases. The Court's judicial activities are carried out through a jury, in which the Judge holds the central position. A judge is a person appointed according to the provisions of law to judge cases and resolve other matters within the Court's jurisdiction. Judges work in court and have the right to adjudicate cases in the name of the State and decide on appropriate sanctions for violations of the law. Once the judge has issued a ruling, those involved must strictly implement it, otherwise there will be state agencies to enforce it.

During the first instance trial of a criminal case, the Judge demonstrates his role in the following contents:

First, the Judge plays the main role in trial activities at the Court and through his or her activities, the Judge performs the Court's duties. In the trial of a criminal case, the Judge can, on behalf of the State, announce a verdict, a decision on whether a citizen is guilty or innocent. This judgment is extremely important because according to the principle of “presumption of innocence”, the accused person is considered innocent until proven according to the order and procedures prescribed by Code and There is a court judgment that has taken legal effect.

In addition, the decisions of the Judge (on behalf of the Court) once in effect will be respected by agencies, organizations and individuals and relevant agencies, organizations and individuals must strictly comply with them.

Second, the Judge's criminal case trial activities have contributed to promoting democracy and strengthening socialist legality. Judges are central figures in the Court's judicial activities. As representatives of the state, enforcing justice, they have the role of arbitrators. During the process of resolving the case, the Judge - Presiding Judge is assigned to resolve the case on behalf of the Trial Council, making procedural decisions such as deciding to bring the case to trial, deciding to return the case file, judgment, decision to postpone the trial... and the Judge also participates in resolving the case as a member of the Trial Council in the case of trial according to the first instance order when the Trial Council consists of 5 people or according to the appellate trial process.

Third, resolve disputes and strictly handle violations of the law that occur in society in accordance with the law. During the proceedings, the role of the Judge is very important and is one of the factors that determine the quality of the trial process at Court. Unlike other jobs, to make a reasonable and thoughtful judgment, a Judge must have many abilities and qualities. That is professional expertise, understanding of the law, understanding of practical knowledge, accumulation of social experience, and a firm grasp of human physiological and psychological characteristics. In addition, Judges must be people with pure moral qualities. “The basis of judgments is the law, but whether the results of the judgments are fair, impartial and objective or not requires each Judge. The judge must have a pure mind”, only when there is a combination of the judge's professional qualifications and professional ethics will it be possible to ensure that the judge's judgment is reasonable and reasonable. When judging, the Judge must have inner faith, which is faith in justice. Because no matter how perfect and complete the legal system is, it will never be able to predict all situations that occur in reality. Even the legal provisions are overlapping and inconsistent, but when judging, judges must still ensure the principle of judging the right person, the right crime and the law. In the eyes of the people, the Court is not only a protector of the law but also a symbol of justice and social justice.

Each decision made by the Judge may result in citizens or legal entities enjoying rights, benefits, or possibly incurring certain legal obligations. Especially in the trial of criminal cases, the legal consequences of the Judge's ruling are huge, affecting their political lives.

Fourth, judges also play an important role in propagating, disseminating and educating the people about the law. Through trial activities, the Judge helps those participating in the proceedings and those attending the trial understand the provisions of the law, thereby helping them form legal awareness, respect and comply with the law, strictly follow the law; strengthen trust in the law, promote the effectiveness of crime prevention and control in society. The role of the Judge focuses on relationships with the Court, participants in the proceedings and those conducting the proceedings.

The Court's judicial activities are carried out through the Trial Council in which the Judge is the central figure. Judges are the key players in judicial work. Through their own judicial activities, judges contribute to protecting the law, protecting the interests of the State and society, protecting the lives, health, property, honor and dignity of people. Each judge's decision can directly affect the basic rights of citizens, especially in the criminal field. Shortcomings in the Judge's judicial activities can lead to miscarriages of justice, which not only affects an individual but can reduce people's trust in fairness and the law.

References:

1. National Assembly (2014), Law on Organization of People's Courts, Hanoi.
2. Tran Van Thang (2006), Handbook of common legal terminology, Education Publishing House, Hanoi.
3. Do Gia Thu (2006), Scientific basis of building a team of judges in our country today, Doctoral thesis in jurisprudence.