What is a civil case appeal form according to cassation procedures? Protest a civil case according to the latest cassation procedures? Guidance on judicial procedures at the Supreme Court? Legal issues of cassation procedures in civil cases?
Protest is a procedural act by a competent person expressing objection to the whole or part of the content of a judgment or the entire court judgment or decision in order to ensure the proper adjudication. fair and correct mistakes. in the judgments and decisions of the Court. To protest against a judicial decision that has not yet taken effect or has taken effect but in the course of investigation, prosecution or trial, it is discovered that errors, violations of law or new circumstances have materially changed or Substantial Content. of the judgment or decision of the Court which at the time of issuing the judgment or decision was not known to the Court. Below is a reference article on the application form and legal issues on protesting a civil case according to cassation procedures.
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1. What is an appeal to a civil case according to cassation procedures?
Protesting according to cassation procedures is a procedural activity of a competent court or procurator in order to protest against a legally effective judgment or decision and request a retrial by a competent court. judgments and decisions when detecting errors or violating laws during the proceedings. . on the settlement of civil cases.
The latest form of protest against a civil case according to cassation procedures is a form used to protest against a legally effective court judgment or decision but the conclusion in the judgment or decision is not in accordance with the law. , no objective circumstances.
2. Protest against the civil case according to the latest cassation procedures:
SOCIALIST REPUBLIC OF VIETNAM
Independence-Freedom-Happiness
————
………., day…. may…….
APPLICATION FOR TRIAL DIRECTOR
(Rev: Objecting to the dismissal of the case…………..)
See also: What is a cassation? Procedures for cassation according to civil procedures?
To: – High People’s Court…………..
– Sir… – Chief Justice of the Supreme People’s Court…….
(Or other competent agencies such as the Chief Procurator of the Supreme People’s Procuracy/Senior People’s Procuracy, Chief Justice of the Supreme People’s Court)
– According to the Code of Procedure….;
– Base……
My name is:… Born on….probably……
Position: Chief Procurator of the People’s Procuracy…
ID number/CCCD card:…… Date of issue:…./…./….. Issuing agency (province, city):…
See also: What are people with related rights and interests? Persons with related rights and obligations in civil cases?
Permanent address:…
Current residence…
Contact phone: ……
I would like to present to you the following facts:…
(Send the circumstances and reasons leading to your presentation of the cassation appeal, which must clearly state the reasons leading to your presentation of the appeal – ie grounded, eligible for appeal according to the procedure) cassation procedures, in addition, you receive a request to protest according to cassation procedures from the involved parties/other subjects as prescribed by law.
Point basis….Acc…. Clause…. Procedural Code….. stipulates:
“…” (Excerpt from the provisions of law proving that your case has the right to protest according to cassation procedures, for example, in a civil trial, you can use the following reasons: Pursuant to Article 326 of the Civil Code 2015 The Civil Procedure Code provides:
“Article 326. Grounds and conditions for protest according to cassation procedures
See also: What is a civil case? What is a civil case? Know the difference?
1. Legally effective court judgments or decisions are protested against according to cassation procedures when there is one of the following reasons:
a) The conclusion in the judgment or decision is inconsistent with the objective circumstances of the case, causing damage to the lawful rights and interests of the involved parties;
b) There is a serious violation of procedural procedures that makes the involved parties unable to perform their procedural rights and obligations, resulting in their legitimate rights and interests not being protected as prescribed by law.
c) There is an error in the application of the law, leading to the issuance of incorrect judgments or decisions, causing damage to the lawful rights and interests of the people involved, and infringing upon the interests of the public and the State. . legal rights. and third party interests.
2. Persons competent to protest specified in Article 331 of this Code protest against legally effective court judgments or decisions when having one of the reasons specified in Clause 1 of this Article and requesting a request. bridge. requests as prescribed in Article 328 of this Code or notices or petitions as prescribed in Clauses 2 and 3, Article 327 of this Code; In case of infringing upon the public interests, the interests of the State, and the lawful rights and interests of a third party, it is not applicable.”
I am making this application respectfully requesting that you consider:
firstly./………..;
2./………….. (State your opinion in the Court’s settlement)
See also: Difference between cassation and reopening in civil proceedings
I hereby certify that the above information is true. I am so impressed!
I enclose this application with the following documents:…
(You list the number, status of records, documents you are merging)
Candidate
(Sign, write full name)
3. Guidelines for trial procedures at the court hearings of the Supreme People’s Court:
After the presiding judge opens the trial, a member of the Supreme Judiciary Committee briefly presents the contents of the case, the trial process, and the decision of the court’s judgment or decision that has taken effect. . the force of law protesting, the reason and nature of the protest and the petitioner’s proposal. In case the procuracies protest, the representative of the procuracies shall present the protested contents.
– The involved parties, their lawful representatives, defense counsels of lawful rights and interests of involved parties or other procedure participants are summoned by the court to the cassation court session to present their opinions on the matter. issues raised by the Court and requested by cassation. panel In case they are absent but have a written opinion then the Supreme Judicial Committee publishes their opinion.
– The representative of the Procuracy expressed his opinion on the appeal decision and the direction to solve the case.
See also: What is an appeal? Principles of appeal and protest in civil cases?
Immediately after the end of the court session, the representative of the Procuracy must send a written statement of opinion to the Court for keeping in the case file.
– Members of the Supreme Court for comments and discussions. The Supreme Trial Council discusses and votes on the settlement of the case and publishes the content of the decision on the settlement of the case at the court hearing. The consultation must be carried out according to the principles specified in Article 264 of this Code.
– In case the Judicial Committee of the Supreme People’s Court conducts trial according to the provisions of Point a, Clause 1, Article 337 of this Code, the decision of the Trial Panel must be voted on by all members of the Advisory Council.
– In case of trial according to the provisions of Point b, Clause 1, Article 337 of this Code, at least two-thirds of the total number of members must be present at the court session of the entire High-level People’s Judiciary Committee. Court. . ; The decision of the Judiciary Committee must be approved by more than half of the total members.
– In case the Judicial Council of the Supreme People’s Court conducts the trial according to the provisions of Point a, Clause 2, Article 337 of this Code, the decision of the Trial Panel must be voted on by all members of the Council. decide.
– In case of trial according to the provisions of Point b, Clause 2, Article 337 of this Code, the trial with the entire Council of Judges of the Supreme People’s Court must be attended by at least two-thirds of the total number of members. . of members. ; decisions of the Council of Judges must be approved by more than half of the total number of members.
4. Legal issues on cassation procedures of civil cases:
Time limit for protest according to cassation procedures
1. Persons competent to protest according to cassation procedures may protest within 3 years from the date on which the court judgments or decisions take legal effect, except for the case specified in Clause 2 of this Article. this 288.
See also: What is a Plaintiff? Regulations on plaintiffs in civil cases?
2. If the time limit for protest specified in Clause 1 of this Article has expired and the following conditions are satisfied, the time limit for protest may be extended for another 2 years from the date of expiration of the protest time limit:
a) The involved parties have made a written request as prescribed in Clause 1, Article 328 of this Code and the protest time limit specified in Clause 1 of this Article expires, but the involved parties continue to make requests;
b) The legally effective judicial judgment or decision violates the law specified in Clause 1, Article 326 of this Code, seriously infringing upon the lawful rights and interests of the involved parties and of the involved parties. a third person infringes upon the interests of the community or the State, but must protest to correct errors of such legally effective judgment or decision.
Jurisdiction of cassation
1. The Judicial Committee of the Supreme People’s Court shall conduct cassation review of legally effective judgments or decisions of the provincial- or district-level People’s Courts within its jurisdiction according to the territory being protested against, and proposes as follows: :
a) The Judicial Committee of the Supreme People’s Court shall conduct cassation according to the Judiciary Committee consisting of three judges over the effective judgments and decisions of the provincial-level People’s Courts and the district-level People’s Courts that have been banned. appeal against cassation. . procedure;
b) The entire Committee of Judges of the Supreme People’s Court shall conduct cassation according to cassation of legally effective court judgments and decisions specified at Point a of this Clause but are of a complicated nature or judgments or decisions of a complex nature. judgment was adjudicated by the cassation officer. The Judicial Committee of the Supreme People’s Court is equal to the Trial Panel consisting of three judges, but when voting to approve the decision to settle the case, there is no consensus. .
2. The Council of Judges of the Supreme People’s Court shall conduct cassation review of legally effective judgments or decisions of the Supreme People’s Court which are protested against as follows:
See also: What is a civil case? Conditions for handling civil cases?
a) The Judicial Council of the Supreme People’s Court shall conduct judicial cassation by five judges over judgments and decisions of the superior people’s courts which are protested against according to cassation procedures;
b) The entire Council of Judges of the Supreme People’s Court shall conduct cassation review of legally effective judgments and decisions specified at Point a of this Clause but of complicated nature or judgments and decisions of a complicated nature. complicated nature has been cassation by the trial panel. The Council of the Trial Council of the Supreme People’s Court consists of five judges but cannot reach consensus when voting to approve the decision to settle the case.
3. A case of complicated nature specified at Point b, Clause 1 and Point b, Clause 2 of this Article is a case in one of the following cases:
a) The provisions of the law on issues to be resolved in the case are not clear and have not been guided for uniform application;
b) There are many different opinions on the assessment of evidence and application of the law;
c) The settlement of cases related to public interests, the interests of the State, the protection of human rights and citizens’ rights is of interest to the public.
4. The Chief Justice of the Superior People’s Court shall consider and decide on the organization of cassation trials for the cases specified in Clause 1 of this Article. The Chief Justice of the Supreme People’s Court shall consider and decide on the organization of cassation trials for the cases specified in Clause 2 of this Article.
5. If a legally effective judgment or decision on the same civil case falls under the cassation jurisdiction of the Supreme People’s Court and the Supreme People’s Procuracy, the Supreme People’s Court has jurisdiction judge the entire case.
See also: Suspension of the settlement of a civil case by the first-instance court
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