Criminal appeal trial from Dong Nai province practice

Ho Chi Minh's way" , Resolution 4 of the Central Committee (12th tenure) on " Strengthening Party building and rectification, preventing and repelling the degradation of political ideology, morality, lifestyle, and manifestations of "self-evolution" and "self-transformation" within the Party" . Pay attention to grasping public opinion, the ideological developments of cadres and party members to have timely leadership and direction measures, strengthening the inspection and supervision work of the superior People's Court Party Committee over the subordinate People's Court, of the Court leadership over the team of cadres and judges in educating, managing, and performing well the cadre work.

Judicial officers as well as court officers must always follow President Ho Chi Minh's teachings "Serving the public and upholding the law; being impartial and selfless" . When performing their duties, they must always adhere to the motto "Being close to the people, understanding the people, helping the people, learning from the people" . Each court officer must promote the spirit of self-criticism and criticism, and at the same time constantly cultivate and train to improve professional qualifications, cultivate qualities, ethics, and lifestyle. Fight against corruption, bureaucracy, waste, and carry out the " Studying and following the moral example of Ho Chi Minh" in the People's Court system with the theme "Improving the political capacity, ethics, and lifestyle of the team of judges, officials, and civil servants of the People's Court" , ready to undertake and successfully complete the difficult and complicated tasks of the integration period.

Second, perform well the work of recruiting and appointing judges at all levels of the Court.

People's Courts must strictly comply with State regulations, do a good job in recruiting, testing, and appointing Judges, ensuring strictness, openness, transparency, and compliance with standards prescribed by law, and select officials with a firm ideological stance, capacity, qualifications, and good moral qualities.

During the performance of duties, when reappointing a Judge, it is necessary to consider and evaluate the quality of the Judge's performance of duties.

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Term of office, if qualified, then propose reappointment, transfer to another job and do not propose reappointment of those who are limited in capacity, qualifications or have not completed their tasks at a high level.

Third, develop a training and development strategy for each stage, and regularly organize training and development courses on professional qualifications for the team of judges, focusing on in-depth training. On the basis of reviewing and evaluating the staff, the Supreme People's Court needs to have a plan.

Training, retraining and annual training for the team of appellate judges based on the tasks in each period. Training content should focus on appellate trial skills, improving the quality of litigation at appellate courts. Training and development programs must be built in accordance with job requirements, both broad and in-depth, combining theory and practice of professional skills of the Court, closely following the political tasks of the Court.

Short-term courses on specific skills in adjudication should also be conducted regularly, especially timely updating of newly supplemented and instructed legal knowledge. In the coming time, it is necessary to focus on specialized postgraduate training to build a team of appellate judges who can meet the requirements of international integration. Coordinate with specialized training institutions to diversify training types to serve specialized trials. Increase practical activities and experience-sharing sessions to build a team of judges who can meet the requirements of the current period as well as the judicial reform strategy in our country.

Fourth, based on the capacity and qualifications of the Judge, assign appropriate tasks to improve work efficiency.

In addition to training, fostering, and managing personnel work, discovering and fostering competent and qualified judges to arrange, assign, and assign appropriate tasks. Each judge has different abilities, strengths, and conditions to complete the task. Therefore, when assigning tasks to judges,

Judges in general and judges of the Court of Appeal in particular must be based on their professional qualifications, professional skills and work requirements. In the process of performing tasks, it is necessary to promptly detect and transfer judges with limited professional qualifications, lacking professional skills due to lack of training, study or lack of responsibility to do other more suitable jobs. In cases where it is necessary to rotate or second judges, there should be appropriate policies for them. Assigning and arranging appropriate tasks is one of the extremely important factors for work efficiency, limiting violations due to subjective errors, ensuring good implementation of trial activities.

Fifth, research and develop salary policies and benefits suitable for each position of Judge.

Currently, the regimes and policies for judges, officials and civil servants of the Court are implemented according to Resolution No. 730/2004/NQ-UBTVQH issued on September 30, 2004 and Resolution No. 1212/2016/UBTVQH13 issued on June 13, 2016 of the Standing Committee of the National Assembly on amending and supplementing the allowance regime for a number of new positions according to the provisions of the Law on Organization of People's Courts in 2014.

In reality, the current salary policy and other preferential policies for judges have not met the requirements and still have many shortcomings and limitations. The regulations on salary scales for judges and other judicial positions are not suitable and have not taken into account the specific characteristics of judges. Moreover, when performing official duties, judges must also regularly come into contact with various types of crimes, which pose great risks and dangers, but the mechanism to ensure safety for judges and other judicial positions is not clear. With the specific nature of the profession, the current preferential policy is still not really a motivation to encourage court staff and judges to promote their work responsibilities as well as strive to improve their professional qualifications. In fact, every year, many judges have applied to change their profession.

because it has not really ensured life, while the legal responsibility regime is very large. Once the salary policy and treatment regime are improved, it will help judges and court officials feel secure in their work, focus on dedication, apply all their intelligence to research files and adjudication, complete assigned tasks well, and limit negativity. In recent years, under the development of the socio-economy, our Party and State have continuously paid attention and had many policies to reform salaries as well as treatment regimes for the team of court judges and the entire team of judicial staff. In the coming time, there still needs to be treatment regimes more suitable to the titles of judicial staff, and more appropriate salary decentralization. In the case of judges being rotated or seconded, during the rotation or secondment to perform adjudication work, there needs to be appropriate policies for them regarding the official housing regime, monthly financial support, and public service allowances. Research and propose specific policies for judges and officials of the People's Court (according to the roadmap of the State Salary Steering Committee). This is also one of the measures to contribute to improving the quality of criminal appeal trials.

Sixth, enhance the application of information technology in court work. In the present era, the application of information technology in court work is increasingly popular.

Court work in general and trial work in particular is an inevitable need. However, the human resources specializing in information technology of local People's Courts are still lacking and weak, mainly holding concurrent positions, which greatly affects the implementation of information technology applications at local People's Courts. In addition, there are still many officials and civil servants who are reluctant to apply information technology because they do not want to change their working habits. Moreover, there are no mechanisms or policies to attract people who are good at information technology to work at the Court, while the Court's work requires an information technology system, network, security, safety, and absolute confidentiality. To meet the requirements, in the coming time

It is necessary to continue to submit to the Government for approval the Overall Strategy on the Development of Court Information Technology and the National Database Project on Information on All Types of Cases, continue to perfect the legal basis, increase funding, facilities, and high-quality human resources for the application of information technology in Court activities, towards building an e-Court in Vietnam.

Finally, strengthen inspection and examination work in the People's Court system.

Inspection and examination activities aim to promptly detect and remedy violations of human rights and civil rights in adjudication activities. Therefore, People's Courts at all levels need to base on their assigned functions and tasks to regularly inspect and examine their professional activities. If there are violations, they must request correction and handle responsibilities if there are violations, in accordance with the regulations on handling responsibilities of judicial position holders in the People's Court issued together with Decision No. 120/QD-TANDTC dated June 19, 2017 of the Chief Justice of the Supreme People's Court.

Chapter 3 Summary

Based on the analysis of theoretical and legal issues on the appeal trial of criminal cases in Chapter 1 and the provisions of the law on the appeal trial of criminal cases stipulated in the 2015 Criminal Procedure Code as well as the practice of the appeal trial of criminal cases of the People's Court of Dong Nai province in the period of 2016-2020 in Chapter 2. In Chapter 3 of the thesis, the author has stated and analyzed the requirements for the appeal trial in judicial reform, including: Requirements for ensuring socialist legality, requirements for ensuring human rights, civil rights, requirements for judicial reform strategy, requirements for crime prevention in the current period; The author has also proposed a number of legal, organizational, human and other solutions to improve the quality of the appeal trial of criminal cases in general and in Dong Nai province in particular.

CONCLUDE

Through the research on the topic "Appellate trial of criminal cases from the practice of Dong Nai province", within the scope of a master's thesis, the author has revealed the following contents:

1. In theory, the author analyzed and clarified the concept, nature and objects of appellate trials, and pointed out the basic differences between appellate trials and cassation and retrials. In addition, the author analyzed and evaluated a number of provisions of Vietnamese law on criminal trials stipulated in documents such as the 1988 Criminal Procedure Code, the 2003 Criminal Procedure Code, the 2015 Criminal Procedure Code and a number of provisions on appellate trial procedures before the promulgation of the Criminal Procedure Code.

2. In practice, based on the assessment of the current situation of appeal trials of the People's Court of Dong Nai province, the author finds that the appeal trials of the People's Court of Dong Nai province in the period of 2016-2020 have achieved many results, basically ensuring the right people and crimes are tried, no criminals are left out, no innocent people are wrongly convicted. However, the appeal trials of the People's Court of Dong Nai province still have some limitations and shortcomings due to many objective and subjective reasons, including limitations of current laws on the right to appeal, protest and the authority of the Trial Panel as well as the capacity and responsibility of the judicial staff of the Court, especially the team of Judges.

3. In order to improve the effectiveness of appeal trials, overcome shortcomings and limitations, meet the requirements of judicial reform, the requirements of protecting human rights, civil rights as well as the requirements in the fight against crime and international integration, it is necessary to implement a number of solutions to contribute to perfecting the Criminal Procedure Code and documents guiding its implementation, gradually improve the capacity of the judicial staff in general and the judges in particular, strengthen the work of summarizing trial practices and applying information technology.

Trust in trials to ensure the right people are tried, in accordance with the law, contributing to protecting human rights, protecting justice, contributing to building and defending the Fatherland.

During the research process, with the dedicated help of the supervisor, experts, and colleagues, the author has tried to achieve the above results in the thesis. However, due to the limited scope of the topic and research time, the content presented in the thesis is inevitably flawed. The author looks forward to receiving comments from scientists, teachers, and readers to improve the thesis.

Criminal appeal trial from Dong Nai province practice - 10

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