On November 12, Fu-prov provincial People's Court had 92 defendants in Fu-Tao and other areas requiring illegal possession of property "Gambling, gambling, illegal purchase and sale, money laundering and Internet use".
During the announcement of the rights and obligations of the accused in the courts, the defendant, Fan Van Wing, suggested that the General Lieutenant general, General-General Major General Panel did not publish his decision. the court. The court ruler accepted this offer and said: "Only one person does not agree on the case and will not be published." This view of the group led to a debate between legislators.
Former General Lieutenant Fan Van Wins filed a suit
Lawyer (LS) Nguyen Thanh Cong, Eastern Law Firm Director: Not relevant to the law
There is no reason to accept Phan Van Vinh's petition for non-disclosure of the sentence. After agreeing to not disclose the sentence, the interpretation of the judge who presides over the proceedings does not comply with the law.
The publication of decisions and judgments on the judicial electronic portal is currently in force from July 1, 1977, in the resolution 03/2017 and the official judgment of 144/2017 of the Supreme People's Court dated 04.07.2017. Resolution 03/2017 of the resolution can be clarified, which is a document that provides a detailed, general section on the implementation of online publicity. In general, in order to ensure uniform application of these provisions, the Supreme People's Court has attached the Annex to the Official Gazette No. 144/2017 to provide the fullest detail of the issue.
A careful review of these two documents does not coincide with Mr Vinh's request for non-disclosure of the Internet law. The nearest rule to this requirement is given in paragraph 4 – NQ 03/2017. "The offer contains content that contains privacy, family content, and non-encoding content. Article 7 of the present resolution.
Comment on the above provisions of Decree no. 144, coding information about personal and family secrets, in accordance with Article 7 of the 144th Bulletin, cla. B. already a qualified secret. In Part 2 it is possible to understand the condition of the accused, the name of the person. important. For example, Phan Van Vinh will be Fan Van B.
In addition, the above-mentioned two presidents regulate the responsibility of the judge, paying special attention to the content of the confidentiality of the information published in the publication, codified in accordance with Article 7, paragraph 3.
Apparently, there are no rules that determine the suspension of the legalization of the sentence at the request of the accused unless otherwise indicated in Article 4, except as provided in Article 4. As mentioned above, the whole sentence is terminated online, as the defendant is not required.
There is a need to understand this requirement in a single way, as the agency itself is the only body to judge in 2012. It should be noted that as of 03/07/2017, since July 1, 1977, the portal has issued more than 17,000 court decisions, which have so far come to an end. Since the statement of one or more defendants has not been clearly stated, the norm is justified.
* Nguyen Hong Ha, Deputy Director of the Delegation of Hoang Xo LS: The department's statement is invalid
Currently, the court decree is guided by the decision of the Supreme Court No. 03/2017 / NQ-HDTP and the 144th letter of the Supreme People's Court.
The distribution and settlement of the rights and obligations of the process participants under the jurisdiction of the Supreme Court shall be regulated by the Civil Procedure Code; Administrative-procedural code 2015, Criminal Code 2015 And the indication in Article 5 of the General Assembly. During liquidation of the rights and obligations of the participants in the proceedings, the presiding judge shall be obliged to notify the parties of the decisions and / or decisions on the publication of cases in electronic information portal. courts and their rights require strict confidentiality as provided for by law.
The hearing of the privacy procedure of the participants may be held before the meeting or at the meeting or the meeting;
Prior to the opening of the court session, the privacy statement of the participants must be made in writing, which determines the reasons for the court's consideration;
If participants in the court session do not have judicial decisions in their absence in the court sessions, court sessions and resolutions, the missing persons have no written petition to the court for confidential information storage. Application for confidential information storage.
The rights and obligations of the participants in the procedure, the requirements of the procedure for the publication of a decision or decision or of the non-disclosure procedure shall be recorded in the minutes of the court session.
During the hearing, the chairperson will disseminate and explain to the accused that the court's decision or decision will be published on a judicial electronic web-site. as marked. The court decision or decision must be published within 30 days from the date of the proceedings based on Article 3 of this Decision and such decision or decision shall be published on the Portal. the court. This distribution is the responsibility of the chairperson. The presiding judge has the right to request the defendant not to disclose any confidentiality, confidentiality or commercial secrecy in accordance with Article 5 of the court ruling.
But in that case the arbitrator asked the defendant to immediately release the sentence on the Internet and after the sentence, and the chairmanship: "One person has abandoned, we do not work. My dad should not demand time from the rest of the accused. This clarification points to the damaging effect of the other defendants before public hearings, contravening Article 5 of the resolution.
The chairperson is responsible for recognizing and disseminating the responsibility of the defendant; The rights and responsibilities of the participants in the discipline should be governed by the provisions of the 2015 Penal Code and Article 5 of this Decree. There is no new procedure for the publication or publication of a verdict, but the first-instance court chairperson: "Only one person has been denied …". Compared to the existing rules, the Chairmanship Statement is a hurry, not an official view of the panel. The statement of the Chairperson is not based on any legitimacy, nor is it illegal.
Nguen Duk Tang, Director of Banish Chan Law Firm:
In many cases, the Italian lawyer was a defender, and the defendant proposed not to pronounce a judgment on the website of the Supreme Court. In principle, the Panel asks questions and asks the defendant to determine the reasons. If the accused is motivated by reason, the Group will apply the law.
"Any personal information of the defendant is encrypted before the court decision is published in electronic media". If the defendant justifies a lawsuit, a court ruling on business secrets and technology affecting penalties and habits, juvenile justice litigation, Supreme Court judgments ".
Former General Lieutenant Fan Van Xin proposed the court not to pronounce a verdict on him (photo: N.Hưởng).
Article 4 of the Supreme Council of People's Court, judgment of 03/2017, provides for issues that are not published in the portal on publishing decisions and decisions in the judicial electronic portal. In particular, the court does not issue a sentence, including: the verdict, the case has been closed by the court. In addition, the court decisions should be made public, but should contain content in the list of state secrets or in the list of non-publicly available materials, and if it is disclosed, it will hurt the home. The Socialist Republic of Vietnam. Decisions with information about financial investments, know-how and technology have not been made yet, privileges can be made and used in the business but may not be disclosed to participants of the proceedings requested during the hearing. In addition, the court does not disclose the verdict that adversely affects good traditions, customs, and practices that are recognized and widely used in the region, region, ethnicity, or community. or confidentiality, non-encoded family secrets.
Decisions taken in the presence of persons who are under 18 years of age and who are not in legal proceedings may be subject to publication pursuant to the aforementioned decision.
Nguyen Hong Ha-Nguyen Thanh Cong- LS Nguyen Duc Thang Italy