ORDINANCE AMENDING and supplementing SOME ARTICLES of the ORDINANCE on ORGANIZATION of MILITARY COURTS pursuant to article 100 of the Constitution of the Socialist Republic of Vietnam;
Based on the law on organization of people's courts and The criminal law;
Based on the mission and organization of the Vietnam people's army;
This Ordinance amending and supplementing some articles of the Ordinance on organization of military courts on December 21, 1985.
Article 1 amending, supplementing a number of articles as follows: 1-article 6 be amended and supplemented as follows: article 6 before the military courts, the rights of the accused are guaranteed. The accused may justify or thanks to other people who make excuses for yourself. In the cases specified by law, military courts must request the election law Group who pleaded for the accused.
The other litigants have the right to themselves or other people thanks to the protection of the rights for themselves.
2-point a, paragraph 1, article 17 be amended and supplemented as follows: a first instance judge in common simultaneously) the case is particularly serious, complicated; the case which the accused as guilty or when the prosecution has the military rank of General level or who have served from the Commander of the Division, the Bureau Chief level and above; the case is under the jurisdiction of the military courts and the military region level, but the senior military court took up to trial.
3-article 25 be amended and supplemented as follows: article 25 of the military courts of first instance competent areas the criminal about the crime as defined in article 145 of the code of criminal proceedings where the accused as guilty or when prosecuted have military ranks from major back down or have a position from Deputy Commander of Regiment or level equivalent to back down.
Military courts in that area of the Chief Justice, the Associate Chief Justice, the judges and jurors.
4-paragraph 1, article 29 be amended and supplemented as follows: military court judge is the senior judge of the Supreme People's Court by the State elections Council as proposed by the Chairman of the State Council.
5-article 34 be amended and supplemented as follows: article 34 The jurors military personnel have a duty to participate in the work of the military court trial.
The units have persons elected or appointed assessors military personnel have the responsibility to create favorable conditions for jurors the rounded military mission.
Jurors are fostering military personnel on the work trial.
6-Paragraph 3, article 36 was amended and supplemented as follows: funding, facilities and the headquarters of the military tribunals by the Defense Ministry and the army units guaranteed.
Article 2 the Chief Justice of the Supreme People's Court, the Minister of Justice and Minister of Defense, guiding the implementation of this Ordinance.
Hanoi, October 3, 1990