Trial mode two levels In Vietnam, the trial court made through two levels: first instance (or call handling times by FDR 1) and Appeal (2nd treatment). Court when hearing takes its judgment, referred to as "judgment". the judgments of courts of first instance called instance verdict. Instance verdict can be appealed (also called an appeal) by the parties (the plaintiff and the defendant, who has the rights and obligations related ...) - within 15 days of sentencing. The court of First instance has no immediate legal effect and if not appealed within 15 days it is considered to have legal effect. That is mandatory to implement. Example: Mr. A, Mr. B sue for 100 million. 10. The District Court declared Mr preliminary court B have to pay him a 100 million. Mr B was not court the right to appeal the first instance verdict. After 15 days of sentencing, the sentence will officially have legal effect. This means that from the moment, paying 100 million for Mr. A is "imperative" for Mr B. instance verdict was appealed to the appellate trial. The verdict of the appeals court called the Appellate Court , the law takes effect immediately (final), no one is to appeal again. However, any judgment that - although the law takes effect, which is then found to have violated the law or facts new will be reviewed in the order of cassation or retrial. (This issue we will have the opportunity to present later). Composition of the Trial: The trial of a case is made by a judicial council. Council, depending on the level judicial instance trial or being evaluation that amount as follows: - Board-instance trial: 3 position, including one judge and two jurors position. - the Board of Appeal trial: judge 3. In cases large projects or have special properties, the composition of the trial panel can be added many more. in each trial, the trial panel will have a judge take control of the court called " chairperson ". It is worth noting that the trial, jurors are equal in rights with the judges. Regulations of this law independently of each other (ie none has the right to direct one) and only in accordance with law. The deliberations (ie exchange and decision on the case or judgment related content sue of litigants) comply with the collective mode. The judgment of the trial panel was passed by taking a vote - by majority. For example, Mr. A also the case against Mr. B above, after conducting a first-instance trial, the trial panel will in the deliberation. During the trial panel (including one judge and two jurors had different opinions. For example, the judge said that the content of his condition A is unfounded, and the two jurors say Mr. A conditions are right. Meanwhile, with the majority of 2/1 of the votes, as the court will accept the request processing said his lawsuit A. However, there is talk about "theories", but in fact, almost the results of the trial are due to how the presiding judge, "lead". Thus, we can see the trial panel in Vietnam is quite different from the capitalist countries. in these countries (such as United States), the trial panel composed of judges power chair and a jury (jury) consisting of 15 position.
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