On November 26, the Supreme People’s Court issued the Official Letter No. 254/TANDTC-PC on the withdrawal of the request from the person requesting the prosecution of a criminal case in accordance with Article 155 of the Code of Civil Procedure. Criminal in 2015. This Official Letter comes into effect from the date of its issuance.
Accordingly, the Supreme People’s Court has guided the People’s Courts, the Military Courts at all levels and units of the Supreme People’s Court to handle the withdrawal of requests for criminal proceedings. Provisions of Item 2 of Article 155 of the Criminal Procedure Code 2015m as follows:
– At the trial stage of first instance: Persons who have requested the prosecution of criminal cases to withdraw their requests before the opening of the first-instance court sessions, the Judge presiding judges shall base themselves on Article 45, Point a, paragraph 1, Article 282 of the Criminal Procedure Code, to suspend the case; If the person who has requested the prosecution of a criminal case withdraws the request at the trial, the Trial Panel or the Judge presiding over the trial shall proceed according to the abridged procedures, based on Clause 2, Article 155, Article 299 of the Code. Criminal Procedure in 2015 issued a decision to suspend the case;
– If, after the conclusion of the first-instance trial, the time limit for the appeal or protest is still the same, the person requesting the institution of the criminal case withdraws his / her request, the Court must guide them to file an appeal so that the Court issues a suit for consideration to resolve the withdrawal of the request pursuant to the appellate procedure;
– At the appellate stage: Where there is an appeal or protest at the appellate trial stage, the person who has requested the institution of the criminal case withdraws the request, the Trial Panel or The judge presiding over the trial shall proceed according to the shortened procedure pursuant to paragraph 2 of Article 155 and Article 359 of the Criminal Procedure Code 2015 to cancel the first instance judgment and to suspend the case. In the appellate judgment, the court must clearly state the reasons for the cancellation of the first instance verdict and the suspension of the case is due to the person requesting the criminal proceedings to withdraw the request, not due to the fault of the Court of First Instance.
As can be seen, the guidance of the Supreme People’s Court will be the basis for the Court units to ensure uniform application of the provisions of the Criminal Procedure Code 2015, thereby removing the related problems. To handle the withdrawal of the request for prosecution of the case in the course of handling or adjudicating a criminal case.