What is a criminal case appeal form according to cassation procedures? Protest against a criminal trial according to cassation procedures? Guidance on cassation trial procedures? Any legal issues?
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. A protest is a court decision that has not yet taken effect or takes effect but during the course of investigation, prosecution or trial, it is discovered that there are errors, violations of law or violations of the law. there are new ones. circumstances that can fundamentally or significantly change the contents of the court’s judgment or decision without the Court’s knowledge when issuing such judgment or decision. Below is a reference article about the application form and legal issues on protesting a criminal case according to cassation procedures.
Lawyers provide không lấy phí trực tuyến legal advice via call center:
1. The latest form of appeal against a criminal case according to cassation procedures?
Cassation is the review of a legally effective court judgment or decision but is protested against because it is discovered that there have been serious legal violations in the settlement of the case.
The form to protest against a criminal case according to cassation procedures is used to protest against a legally effective judicial decision or judgment when it concludes that the court’s judgment or decision is not suitable with the client’s circumstances. of the case; There is a serious violation of procedural procedures in the investigation, prosecution or trial, leading to serious errors in the settlement of the case; There is a serious error in the application of the law.
2. To protest against a criminal case according to cassation procedures:
Currently, the forms of protesting criminal cases according to cassation procedures are posted quite a lot on websites, Duong Gia Law Firm sends readers to refer to the form of criminal case protest according to cassation procedures. .
Form name: Protesting a criminal case according to cassation procedures
Form of protest against criminal case according to cassation procedures
SOCIALIST REPUBLIC OF VIETNAM
Independence-Freedom-Happiness
————
See also: What is a cassation? Procedures for cassation according to civil procedures?
………., day…. may…….
APPLICATION FOR TRIAL DIRECTOR
(Rev: Objecting to the dismissal of the case…………..)
To: – High People’s Court…………..
– Mr.…………………… – 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……
See also: Difference between cassation and reopening in civil proceedings
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):………….
Permanent address:…
Current residence…
Contact phone: ……
I would like to present to you the following facts:…
(Send the circumstances and reasons leading to your filing of the cassation appeal, clearly stating the reasons leading to your filing of the appeal – ie grounded, eligible for appeal according to the cassation procedure. , in addition, receiving requests to protest according to cassation procedures from the involved parties/other subjects as prescribed by law.
See also: What is an appeal? Principles of appeal and protest in civil cases?
Point basis….Tài khoản…. 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
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.”
See also: Grounds for protest according to civil cassation procedures
I am making this application respectfully requesting that you consider:
firstly./………..;
2./………….. (State your opinion in the Court’s settlement)
I hereby certify that the above information is true. I am so impressed!
I would like to enclose with this application the following documents and records: …………………… (Please enter the number and status of the application, the documents you attach)
Candidate
(Sign, write full name)
3. Guidance on cassation procedures:
1. After the presiding judge opens the court session, a member of the Trial Panel of the Supreme People’s Court presents the case. Other members of the Supreme People’s Court of the Supreme People’s Court asked the judge to present unclear points before discussing and expressing opinions on the settlement of the case. If the procurator makes a protest, the procurator shall present the protested content.
See more: How long is the time limit for protesting according to reopening procedures for a civil case?
2. Where convicts, defense lawyers and persons with interests and obligations related to the protest are present at the court hearings, these persons have the right to present their opinions on matters requested by the Supreme People’s Court.
The procurator gives the procurator’s opinion on the appeal decision and the direction to resolve the case.
Procurators and procedure-conducting persons at the Supreme People’s Court’s trial debated issues related to the settlement of the case. The presiding judge of the court session must create conditions for the procurator and procedure participants to fully present their opinions, and to argue democratically and equally before the Court.
3. The members of the cassation panel give their opinions and discuss. The Trial Panel of the Supreme People’s Court shall vote on the settlement of the case and announce the decision on settlement of the case.
4. Some legal issues:
Persons having the right to protest in the cassation procedure according to the provisions of the Criminal Code
1. The Chief Justice of the Supreme People’s Court and the Chief Procurator of the Supreme People’s Procuracy have the right to protest according to cassation procedures against legally effective judgments or decisions of the High People’s Court; legally effective judgments or decisions of other courts when deemed necessary, except decisions of the Council of Judges of the Supreme People’s Court.
2. The Chief Justice of the Central Military Court and the Chief Procurator of the Central Military Procuracy have the right to protest according to cassation procedures of legally effective judgments or decisions of the Military Courts of the Military Zones or Courts. regional military project.
3. The Chief Justice of the Supreme People’s Court and the Chief Procurator of the High-Màn chơi People’s Procuracy have the right to protest according to cassation procedures against legally effective judgments or decisions of the provincial-level People’s Courts or courts. district-level people’s courts within their territorial jurisdiction.
See also: Some basic issues of protest according to appellate procedures prescribed by law
Jurisdiction of cassation according to the Criminal Code
1. The Judicial Committee of the Supreme People’s Court shall conduct cassation according to the Judiciary Committee consisting of three judges over legally effective judgments and decisions of the provincial-level People’s Courts or the People’s Courts of the province. province under the jurisdiction of the district. territory against any protests.
2. The Plenary Council of the Judicial Committee of the Supreme People’s Court shall conduct cassation according to cassation review of legally effective judgments and decisions of the People’s Courts specified in Clause 1 of this Article but of a complicated nature. or that judgment or decision is subject to cassation. of the Supreme People’s Court by a Trial Panel consisting of three judges but there is no consensus when voting to approve the decision to settle the case.
When a cassation trial is conducted by the Plenary Council of the Judicial Committee of the Superior People’s Court, at least two-thirds of the total number of members must participate, chaired by the Chief Justice of the Supreme People’s Court. the court. . The decision of the General Assembly of the Judiciary Committee must be approved by more than half of the total number of members; if not more than half of the total number of members of the Judicial Council agree, the court session must be postponed. Within 30 days after issuing the decision to postpone the court session, the General Council of the Judiciary Committee must open a court session to re-trial the case.
3. The Judicial Committee of the Central Military Court shall conduct cassation review of legally effective judgments or decisions of the military courts of the military zones or the regional military courts which are protested against. During the cassation trial, at least two-thirds of the total number of members of the Committee of Judges of the Central Military Court must participate, with the Chief Justice of the Central Military Court presiding over the trial. The decision of the Judiciary Committee must be approved by more than half of the total members; if not more than half of the members of the Judiciary Committee agree, the court session must be postponed. Within 30 days after issuing the decision to postpone the court session, the Judges’ Committee must open a court session to re-trial the case.
4. The Judicial Council of the Supreme People’s Court shall conduct cassation by a Judiciary Committee consisting of five judges over legally effective judgments or decisions of the Supreme People’s Court, the Central Military Court and the Supreme People’s Court. was protested against.
5. The General Council of Judges of the Supreme People’s Court shall conduct cassation according to cassation review of legally effective judgments and decisions specified in Clause 4 of this Article that are of complex nature or judgments and decisions of a complicated nature. has been executed. cassation review of the Judicial Council of the Supreme People’s Court is equal to the Trial Panel consisting of five judges, but there is disagreement when voting to approve the decision to settle the case.
When conducting a cassation trial of the Judges’ Council of the Supreme People’s Court, at least two-thirds of the total number of members must participate, with the chief justice of the Supreme People’s Court presiding over the court session. The decision of the full Council of Judges of the Supreme People’s Court must be approved by more than half of the total number of members; if not more than half of the members of the Council of Judges agree, the court session must be postponed. Within 30 days from the date of issuance of the decision to postpone the court session, the Judges’ Council must open a court session to re-trial the case.
See also: What is a cassation? Procedures of cassation in criminal proceedings?
6. A legally effective judgment or decision protested against falls within the cassation jurisdiction of all levels, the Judges Council of the Supreme People’s Court shall conduct cassation review of the entire case.
Bạn thấy bài viết Mẫu đơn kháng nghị vụ án hình sự theo thủ tục giám đốc thẩm mới nhất có khắc phục đươc vấn đề bạn tìm hiểu ko?, nếu ko hãy comment góp ý thêm về Mẫu đơn kháng nghị vụ án hình sự theo thủ tục giám đốc thẩm mới nhất bên dưới để thpttranhungdao.edu.vn có thể thay đổi & cải thiện nội dung tốt hơn cho độc giả nhé! Cám ơn bạn đã ghé thăm Website Trường THPT Trần Hưng Đạo
Phân mục: Kiến thức chung
Nguồn: thpttranhungdao.edu.vn
Trả lời