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VIETNAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES LIEU CHI TRUNG PEOPLE’S JURORS IN CRIMINAL PROCEDURE IN VIETNAM TODAY Major: Criminal law and criminal procedure Code: 9.38.01.04 SUMMARY OF THE DOCTORAL THESIS IN JURISPRUDENCE Hanoi, 2022 The work was completed at: Graduate Academy of Social Sciences Vietnam Academy of Social Sciences Scientific Supervisor: Assoc Prof Dr Ho Sy Son Reviewer 1: Assoc Prof Dr Tran Van Luyen Reviewer 2: Assoc Prof Dr Tran Huu Trang Reviewer 3: Assoc Prof Dr Pham Minh Tuyen The thesis was defended at the Academy-level Thesis Judging Committee in the meeting at the Graduate Academy of Social Sciences of the Vietnam Academy of Social Sciences, 477 Nguyen Trai, Thanh Xuan, Hanoi, At h on date month 202 The thesis can be found at: - National Library of Vietnam - Library of Vietnam Academy of Social Sciences INTRODUCTION Necessity of the title A court's decision on a criminal case is represented by a judgment or decision of a trial panel that is not only directly related to a person's right to life, liberty or political life, but it can also have a great influence on society and the prestige of the state Because of that special meaning, the law always attaches great importance to the strict regulation of the order, criminal procedure, and adjudication in order to judge the punishment fit the crime in accordance with the law, and at the same time, to avoid injustice, limit injustice and protect human rights Over thousands of years of development in the history of human society, up to now, the laws in most countries have provided for the representatives of the people to participate in the adjudication of criminal cases In Vietnam, since the August Revolution in 1945 until now, the adjudication with the presence of People’s jurors has become a constitutional principle, recognized in the Constitutions The jurors participating in the trial of criminal cases are not only based on the legal basis but also on the values and social ethical standards to assess the nature, extent and impact of the defendant's behavior and related events on society This is also a way for the people to directly participate in the state management and supervision of judicial activities, and at the same time contribute to making judicial decisions not rigidly dependent on legal norms, helping the trial to be accurate, objective and fair Moreover, jurors are people with practical knowledge, associated with social life, so in the process of performing their roles, they are also a bridge between the court and the community, actively supporting propaganda and law enforcement In the context of Vietnam's deeper integration with the world and in order to successfully develop a socialist rule of law state, the issue of promoting democracy and protecting human rights continues to be posed with new requirements Resolution No 08NQ/TW dated January 2, 2002 of the Politburo on a number of key tasks of the judicial work in the coming time defines “When adjudicating, the courts must ensure that all citizens are equal before the law, truly objective democracy; judges and jurors are independent and only comply with the law; the judgment of the court must be based mainly on the results of the litigation at the trial, on the basis ofcomprehensively considering all evidences and opinions of prosecutors, defense counsels, accused, plaintiffs and defendants” [6] Resolution No 49-NQ/TW dated June 2, 2005 by the Politburo on the Judicial Reform Strategy to 2020 also clearly states that" the Court has a central position and the trial is the central activity", and at the same time gives the request "Renovate the organization of the trial, better define the positions, powers and responsibilities of the procedure-conducting persons and procedure participants in the the direction of ensuring publicity, democracy, seriousness, etc." [8] However, up to now, the role of People’s jurors in general and People’s jurors in criminal procedure has not really been promoted, many regulations and implementation process are revealing limitations and inadequacies Many issues related to the legal status and responsibilities of the People’s jurors in adjudication as well as the operation and management of jurors have not been clarified; activities of People’s jurors in criminal procedure have not yet met requirements; the situation of law violation and injustice in criminal cases is still quite serious Statistics show that, in the current composition of jurors, up to 99.95% of the jurors representing 7% of Vietnam's population are cadres, civil servants, public employees and retired forces, but only 0.03% of jurors representing the remaining 93% of the population participate in adjudication activities of the court [4] Only from January 1, 2010 to the end of 2020, state agencies have completed over 420 cases of compensation for injustice with an estimated compensation amount of over VND 225 billion [47] The 5-year preliminary report on the implementation of Resolution No 49-NQ/TW of the Politburo assessed that “Although Resolution No 49-NQ/TW defines “the court has a central position”, in reality, the position and role of the court has not been properly placed The operation of the People's Courts at all levels still has some errors, the trial quality is not high; many first- instance cases were appealed or protested against; many cases have taken legal effect but are still requested for cassation or reopening, etc A part of people not really believe in the correctness of many judgments and decisions of the People's Courts [2, p.114] From some of the above analysis, it can be seen that the study of the People’s jurors in criminal procedure in a comprehensive, scientific and systematic manner in order to clarify the nature and reality to point outadvantages and disadvantages, as well as inadequacies and limitations, and at the same time propose appropriate solutions to meet the requirements of judicial reform as one of the urgent tasks This is the reason why the author chose the topic "People’s jurors in criminal procedure in Vietnam today" for research Theoretical basis of the thesis - Central research question: How to improve regulations and effectively implement the role of People’s jurors in criminal procedure in Vietnam today? - Research theory: Theoretical system of procedure in general and theory of legal policy, policy of criminal procedure in particular; orientations and strategies for judicial reform in developing a socialist rule of law state of Vietnam; theory on the institution of People’s jurors in general, and People’s jurors in criminal procedure in particular in criminal justice - Research hypothesis + People’s jurors in criminal procedure are formed, developed and related, influenced by many factors, including the state's legal policies in order to promote democracy, ensure fairness, justice and human rights + Practical application of the provisions of the law on People’s jurors in criminal procedure has many shortcomings, especially in the process of participating in the trial of People’s jurors in criminal cases + The solutions to improve the People’s jurors in criminal procedure in Vietnam have not been studied and implemented in a complete and comprehensive manner Research purpose and tasks -Research purpose: On the basis of clarifying theoretical and practical issues about People’s jurors in criminal procedure, the thesis proposes solutions to strengthen the role of People’s jurors in legal proceedings in Vietnam -Research tasks: The thesis focuses on performing the following main tasks: Firstly, review and evaluate the general situation of domestic and foreign research related to the topic, identify gaps and issues that need further research Secondly, clarify the concept, characteristics and role of People’s jurors in criminal procedure; consider the relationships, basis of formation,factors affecting People’s jurors in criminal procedure; the process of formation and development of people's representatives in criminal trials; the organization and operation of some typical criminal procedure models in the world today to contact Vietnam Thirdly, analyze and evaluate regulations and practice of implementing the law on People’s jurors in criminal procedure in Vietnam since the 2013 Constitution was enacted until now; point out the limitations, inadequacies and causes of those limitations and inadequacies Fourthly, analyze the requirements and propose solutions to strengthen the role of the People’s jurors in criminal procedure in Vietnam on the basis of suitability with the specific characteristics of the socio-political situation in Vietnam and current development trend Research objects and scope of the thesis -Research object: Theoretical and practical issues of legal regulation and enforcement of People’s jurors in criminal procedure in Vietnam - Research scope: + Scope of content: Research of regulations on People’s jurors in adjudicating criminal cases under the jurisdiction of provincial and district People's Courts in Vietnam + Regarding time: Since the August Revolution in 1945, focusing on the period from the 2013 Constitution up to now + Spatial scope: Research on a national scale Methodology and research methods - Methodology: Dialectical and historical materialism of Marxism Leninism; Ho Chi Minh Ideoology; policies and guidelines of the Communist Party of Vietnam; policies and laws of the State of the Socialist Republic of Vietnam on judicial construction and reform - Research methods: Based on the research tasks and objects in each chapter, subsection, and issue, the research methods used in the thesis include: Analytical and synthesis method; Statistical method; Historical method; Comparative method; Experience synthesis method; Typical research method; Sociological investigation method New points of the Thesis - - Systematize, supplement and deepen the concept, role, characteristics, influencing factors and relationships of People’s jurors in criminal procedure as well as the formation and development of the people'srepresentative regime in criminal trials; and theoretical issues and practical activities of People’s jurors in criminal procedure - Survey, analyze and clarify regulations and practices of People’s jurors in criminal procedure in Vietnam since the 2013 Constitution until now; analyze and compare some typical criminal procedure models in the world, the development process of People’s jurors in criminal procedure in Vietnam; at the same time, raise the requirements to strengthen the role of the People’s jurors in criminal procedure in Vietnam today - Propose solutions (including theory, legal provisions and operations) to strengthen the role of People’s jurors in criminal procedure in Vietnam today in order to improve the position, functions, tasks and operational efficiency of People’s jurors in criminal procedure Theoretical and practical significance of the thesis - Theoretical significance: By clarifying issues of viewpoint, conditions, current situation and causes of existence, limitations and inadequacies of People’s jurors in criminal procedure in Vietnam, the thesis contributes to a profound, correct, and unified perception of the theoretical issues of People’s jurors in criminal procedure in the context of judicial reform and development of a socialist rule of law state in our country - Practical significance: The research results of the thesis are a reference for in-depth research and teaching activities on People’s jurors in criminal procedure; at the same time a reference source for law-making work and a document serving agencies, organizations and individuals in research, judicial activities, and adjudication Structure of the Thesis In addition to the introduction, conclusion, references and appendices, the Thesis consists of chapters as follows: Chapter 1: Overview of the research situation related to the thesis title Chapter 2: Theoretical issues about People’s jurors in criminal procedure Chapter 3: Practice of regulations and enforcement of the law on People’s jurors in criminal procedure in Vietnam - Chapter 4: Requirements and solutions to strengthen the role of People’s jurors in criminal procedure in Vietnam today Chapter - OVERVIEW OF THE RESEARCH SITUATION RELATED TO THE THESIS TITLE 1.1 Domestic research situation The thesis has analyzed the research results of scientific works in the country into groups: Research works on the concept, legal status and role of the People’s jurors in criminal procedure; Research works on the theory and history of legal applicable to People’s jurors in criminal procedure; Research works on the current situation, requirements and solutions to strengthen the role of People’s jurors in criminal procedure 1.1 International research situation The thesis systematizes and analyzes the research results of international scientific works in groups: Group of research works on the role and legal status of people’s representatives in criminal procedure; Research works on theory, history of formation and development of people's representatives in criminal procedure; Research works on the current situation, requirements and solutions to strengthen the role of the people's representative in criminal procedure 1.1 Review and comprehensive evaluation of the research situation and research problems in the thesis An overview of the research situation at home and abroad can be evaluated as follows: Firstly, the concept of people participating in criminal trials has appeared and has been applied for a long time in the world In Vietnam, under the leadership of the Party, the revolutionary government has always focused on researching, regulating and creating conditions for people to participate in trial activities Secondly, judicial activities, in particular adjudication, are a specific area People's participation in judicial, procedural and adjudication activities makes an important contribution to the fair judgment of the court and the protection of human rights Thirdly, if in Vietnam, jurors' participation in the trial is a constitutional principle, elected by the People's Council according to their terms of office and accounts for a high percentage of the Trial Panel, directly adjudicates with the judges in criminal trials of first instance, in countries that apply the jury system, jurors are often randomly selected in large numbers but not directly make the final decision or the entire content of the court decision Fourthly, for the institution of People’s jurors, a number of works have shown the practice of regulations, the application of law implementation, as well as a number of advantages, limitations, shortcomings and proposed solutions However, it is still mainly presented in the introduction, reflection on general issues or pointing out of some specific aspects with related solutions without comprehensive and in-depth research on People’s jurors in criminal procedure Thereby, it can be seen that, up to now, there has not been any scientific work that has approached to study in a systematic, comprehensive and direct way about People’s jurors in criminal procedure and there has not been complete and comprehensive comments and solutions on People’s jurors in criminal procedure today This is a new research direction with many issues that need to be clarified 1.1 Issues that need further research Firstly, the history of formation, viewpoints, roles and meanings of the people's representative mechanism to participate in trial and the characteristics of People’s jurors in criminal procedure need to be clarified Secondly, practical roles, regulatory issues, and activities of or jurors in criminal procedure are according to different models of criminal procedure It’s necessary to clarify the organization and operation of the people's representative mechanism in criminal procedure in Vietnam before 1945; actual relations and impacts related to People’s jurors in criminal procedure; the current situation of regulations and law enforcement on People’s jurors in criminal procedure In Vietnam, if the current jury system is maintained, the conditions, criteria, selection process, management, functions, tasks, activities and responsibilities of People’s jurors in criminal procedure will have to stipulate and apply the implementation accordingly Thirdly, in the context of Vietnam's integration with the 10 world, along with the increasingly complete legal system, judicial and adjudication activities also place new requirements; analysis and evaluation of the current situation as well as the requirements of the People’s jurors in criminal procedure in Vietnam, thereby proposing comprehensive solutions to effectively promote the role of the People’s jurors participating in criminal trials today - CHAPTER THEORETICAL ISSUES ABOUT PEOPLE’S JURORS IN CRIMINAL PROCEEDINGS 2.1 Concept, characteristics and legal status of People’s jurors in criminal procedure 2.1.1 The concept of People’s jurors in criminal procedure On the basis of interpretation and clarification of concepts of People’s jurors and criminal procedure, the thesis proposes the concept of People’s jurors in criminal procedure in Vietnam today as follows: People’s jurors in criminal procedure is the representative of the people, elected by term to participate in the first-instance trial of criminal cases according to the provisions of law, in order to promote democratic rights, protect justice and fairness, and contribute to the fight against crime in society 2.1.2 Characteristics of People’s jurors in criminal procedure People’s jurors in criminal procedure in Vietnam, in addition to the common points of People’s jurors such as acting as people’s representative elected by term to participate in the proceedings (trial) of cases according to regulations, etc.), also has its own characteristics, specifically as follows: Firstly, the People’s jurors, as procedure-conducting persons, together with judges, shall, on behalf of the State, adjudicate against people who are believed to have committed crimes according to the provisions of the criminal law The trial process and decisions of the Trial Panel, of which People’s jurors are members, are directly related to basic human rights Court decisions in criminal cases are considered the most severe sanctions, having direct and multifaceted impacts on the judged person and the social community, thus requiring People’s jurors in criminal procedure to have legal knowledge, fairness, objectivity and high concentration throughout the process of participating in the trial 14 2.3 Legal institutionalization of issues of People’s jurors in criminal procedure 2.3.1 The need for legal institutionalization of issues of People’s jurors in criminal procedure The thesis has explained the necessity and need for legal institutionalization of the issues of People’s jurors in criminal procedure That is the institutionalization of the Party's guidelines, the state's legal policies on proceedings and adjudication activities; to create a legal basis to ensure the legality of the adjudication activities of the People’s jurors, to ensure the publicity, legitimacy, science, etc, as well as to serve the legal - social supervision towards activities of People’s jurors in criminal trials This contributes to ensuring consistency, establishes the role and legal status of People’s jurors in legal proceedings and is the basis for organizations and individuals to determine their relationship with jurors Legal institutionalization of issues related to People’s jurors also shows the nature and characteristics of People’s jurors in criminal procedure compared to People’s jurors participating in the trial of other types of cases 2.3.2 Bases for the legal institutionalization of People’s jurors in criminal procedure The thesis has generalized the bases for the legal institutionalization of People’s jurors in criminal procedure In which, the analysis is focused on bases: Theoretical basis; Political and ideological basis; Socio- economic basis; Criminal procedure law policy; Practical basis of criminal procedure 2.4 Factors affecting the performance of functions and duties of People’s jurors in criminal procedure The thesis has analyzed the factors affecting the performance of functions and tasks of People’s jurors in criminal procedure, which are: Factors of awareness; Political - social factors; Organizational model 2.5 People’s representative to participate in adjudication activities in criminal procedure models 2.5.1 The formation and development of the idea of trial with the people's representative The thesis presents and generalizes the formation and development of the people's representative ideology in trial 15 Thereby, it shows that views and ideas about judicial independence and people's participation in judicial activities have been studied and developed for a long time in the world However, depending on different circumstances, socio-economic conditions, cultural traditions and political institutions, the perception, organizational model and operation of the people's representatives when participating in criminal trials in each country are also different 2.5.2 The evolution of the jury institution The thesis has overviewed the development process of jury institutions in countries around the world This is considered a model that is quite popular in bourgeois countries However, after many centuries, in countries that are considered to be the leading developed such as the UK, US, Japan, etc., the jury institution is not completely applied equally and is still being analyzed and researched 2.5.3 The participation of People’s jurors in the socialist criminal procedure model The new model of state fully formed after the Russian October Revolution of 1917 from the point of view of MarxismLeninism, in which classes of people were widely involved in state management and adjudication activities This model is maintained in the former socialist countries, including Vietnam Accordingly, the court's adjudication process is carried out at two levels and the People’s jurors are elected to directly participate in the trial of criminal cases 2.5.4 Jurors and judges who are not specialized in current criminal procedure The thesis has overviewed the current status of regulations, organization and operation of typical criminal procedure models in the world with people's representatives participating in trial In which, the following criteria are focused on introduction and analysis: conditions to become amateur jurors and judges; the roles and tasks of amateur jurors and judges in the trial of criminal cases; trial and judgment; regimes and policies to ensure operation for amateur jurors and judges, etc., thereby, seeing the necessity, similarities and differences in regulations and operation of criminal procedure models to contact the jury institution and People’s jurors in criminal procedure in Vietnam 16 Chapter PRACTICE OF REGULATIONS AND ENFORCEMENT OF THE LAW ON PEOPLE’S JURORS IN CRIMINAL PROCEEDINGS IN VIETNAM 3.1 Regulations of Vietnamese law on People’s jurors in criminal procedure 3.1.1 Regulations of Vietnamese law on people's representatives in criminal procedure before 1945 The thesis has stated and analyzed the basic features of Vietnamese law on people's representation in criminal procedure under the feudal period, during the French colonial period and under the government of the Republic of Vietnam in South Vietnam Accordingly, the people's representative system (jury) in our country has been regulated since the French colonial period However, the regulation and application of the people's representation in criminal procedure under the French colonial period and in the Republic of Vietnam regime are still quite simple, the role of the jurors is relatively obscure, the role of the jurors is relatively lackluster, the role of the people is not really respected, and the jurors only participate in the trial of serious criminal cases handled by the magistrates court (superior court) 3.1.2 Regulations on People’s jurors in criminal procedure under the revolutionary government in Vietnam from 1945 to the 2013 Constitution The thesis outlines the provisions of the laws of Vietnam on People’s jurors in criminal procedure from after the August Revolution in 1945 to before the 2013 Constitution Based on the Constitutions and characteristics, periods are divided into: 19451959 period; 1959-1980 period; 1980-1992 period; and 1992-2013 period At each of these stages, along with the introduction of basic contents prescribed by law, the thesis also points out specific points about the participation of People’s jurors in criminal procedure 3.1.3 Regulations on People’s jurors in current criminal procedure - law The thesis has introduced and clarified the current state of legal regulations (since the 2013 Constitution was issued until now) 17 related to this regulation according to the following groups of contents: regulations on the role and position of People’s jurors in criminal procedure; regulations on conditions and procedures for election, exemption and dismissal of People’s jurors; regulations on the tasks, powers and responsibilities of the People’s jurors; regulations on management and supervision of activities of People’s jurors; regulations on policies and regimes to ensure operation of People’s jurors 3.2 Practical implementation of the provisions of the law on People’s jurors in criminal procedure in our country On the basis of evidence, analysis of data, comments and assessments from official and reliable sources, the thesis has clarified the practice of implementing regulations on People’s jurors in criminal procedure in Vietnam today In each subsection, the thesis shows the current situation of the advantages and achieved results and analyzes the 3.2.1 3.2.2 3.2.3 3.2.4 3.2.5 limitations, weaknesses and causes according to problem groups In particular, to demonstrate and highlight the reality of People’s jurors in criminal procedure, the thesis also uses statistical tables and charts related to People’s jurors and criminal trials of the People's Courts with the participation of People’s jurors Based on the basic contents, the thesis is divided into main groups of issues, including: Practical implementation of provisions on basic principles of criminal procedure and conditions, organization of People’s jurors Practical implementation of regulations on tasks, powers and responsibilities of People’s jurors in criminal procedure Practical capacity and qualifications of People’s jurors in criminal procedure Practical management and supervision of People’s jurors in criminal procedure Practical regimes and policies to ensure the operation of People’s jurors in criminal procedure The practical implementation of the law on People’s jurors in criminal procedure is summarized in the following basic features: Firstly, the first-instance trial of criminal cases in Vietnam today is applying the principles of independent adjudication, 18 majority decision, and People’s jurors are equal to judges when adjudicating However, while the judges are professional adjudicators, have a long time to study case files, etc., the People’s jurors, although accounting for a higher proportion than judges in the Trial Panels, are not equipped and have similar conditions, so they are often confused, passive, and have not clearly shown the role of People’s jurors Secondly, in most of the criminal cases with the participation of People’s jurors in the trial, People’s jurors agree with the judge's opinion While the number of canceled and corrected cases and the situation of injustice still happening, shows that the quality of criminal trial in general is still not guaranteed, there is a weakness in the capacity and qualifications of the People’s jurors Thirdly, the influence and interference from other collectives and individuals on the Trial Panel and the jurors still exist; the situation where jurors entrust judges, jurors don't really pay attention to the process of studying files, adjudicating, etc., still happens The elected People’s jurors still have a structural nature and the actual operation shows that the People’s jurors participating in the trial of criminal cases are still very formal and have not yet fully promoted their roles Fourthly, at present, there is no agency responsible for the effectiveness and quality of the operation of the People’s jurors, and the management and supervision of the People’s jurors is still loose The mechanism to protect People’s jurors and their relatives as well as the conditions and regimes to ensure People’s jurors to participate in criminal procedure are still inadequate and limited - Fifthly, along with knowledge, capacity and domination of trial conditions, most People’s jurors are still afraid of responsibility, so they not always perform their duties with their whole heart In addition, due to awareness factors and many inadequate regulations related to the assurance for People’s jurors to perform their tasks have not been fully and properly expressed Chapter REQUIREMENTS AND SOLUTIONS TO STRENGTHEN THE ROLE OF PEOPLE’S JURORS IN CRIMINAL PROCEEDINGS IN VIETNAM TODAY 4.1 Requirements to strengthen the role of People’s jurors in - 19 criminal procedure in Vietnam The thesis has analyzed and clarified the current requirements for adjudication activities, which are stated in main groups 4.1.1 Requirements to strengthen the protection of justice and human rights 4.1.2 Requirements for judicial reform and building of a socialist rule of law state 4.1.3 Requirements for international integration in criminal procedure 4.1.4 Requirements from the practice of judicial activities 4.2 Solutions to strengthen the role of People’s jurors in criminal procedure Based on analysis and assessment of theory and practice of regulations and implementation of the people's representation mechanism participating in trial, along with the current situation of People’s jurors in criminal procedure and the requirements set forth, the thesis proposes a number of solutions, including: 4.2.1 Enhancement of awareness and propaganda about People’s jurors in criminal procedure In order to see the importance, significance as well as the basis for the regulation and effective application of the jury institution in general and People’s jurors in criminal procedure in particular in Vietnam, the thesis proposes that it is necessary to focus on researching, organizing seminars and thematic activities to evaluate the institution of People’s jurors as well as the regulation and application of the trial model with People’s jurors in criminal cases This should be considered as one of the unique and preeminent manifestations, and needs to be clarified in the Judicial Reform Strategy and in the goal of building a socialist rule of law state At the same time, it is necessary to pay attention to the propaganda and introduction in a comprehensive and systematic way about this regulation This will help the social community and each people's juror have a fuller and clearer awareness of the roles and responsibilities of the People’s jurors in criminal procedure 4.2.2 Completion of the legal provisions on People’s 20 jurors The thesis proposes that in addition to reviewing regulations, it is necessary to promulgate the Law on Jurors soon The Law on Jurors will cover and comprehensively stipulate issues related to jurors in legal proceedings, especially People’s jurors in criminal procedure The Law on Jurors will inherit the current regulations, and at the same time, adjust and supplement to concretize the principles of jury trial; protection mechanisms for jurors and their relatives while on duty; management, supervision and commendation of jurors; specify the legal responsibilities of jurors; sanctions for cases where jurors make mistakes, acts of preventing or interfering with the performance of jurors' duties; rights and responsibilities of jurors when adjudicating and in procedural activities; basic requirements when assigning and performing jurors duties in different fields and types of cases, etc 4.2.3 Improvement of regulations, application of basic principles of criminal procedure and conditions and organization of People’s jurors First, on the basic principles of criminal procedure In order to ensure the implementation of the principles of jury trial and criminal trial, the law needs to have more specific and clearer provisions on the conditions, powers and responsibilities of each member of the Trial Panel, especially for People’s jurors in each work content, and each part in the process of settling the case In order to ensure the principle when adjudicating independent judges and jurors and promote the role of People’s jurors, it is necessary to have appropriate regulations on the composition of People’s jurors and judges in the Trial Panel; tasks and powers of People’s jurors in adjudicating criminal cases The thesis offers two options: 1) People’s jurors only decide whether the defendant is guilty or not, and the punishment and other issues are decided by the judge 2) People’s jurors and judges adjudicate from the beginning to the end of the case However, the thesis leans towards option along with an increase in the number of People’s jurors in the Trial Panel compared to the present and the People’s jurors participating in the trial are randomly drawn (rather than appointed) from the list of officially elected People’s jurors 21 Accordingly, in the coming time, the number of People’s jurors will be increased to or in the Trial Panel instead of and People’s jurors as at present Specifically, the first-instance trial panel of a criminal case consists of judge and People’s jurors Thus, the criminal procedure law will stipulate as follows: “Except for the case of trial according to summary procedures, the first-instance trial panel of a criminal case consists of jurors and judge, for serious or complicated cases, the trial panel consists of jurors and judges The jurors participate in the trial of the case and together with the judge decide whether the defendant is guilty or not The decision on whether the defendant is guilty or not is voted on by the Trial Panel and is valid when there are 4/5 votes or more with the Trial Panel consisting of people and from 5/7 votes or more with a Trial Panel consisting of people The judge decides on the penalty and civil liability of the case” Secondly, on conditions and organization of People’s jurors The thesis proposes to adjust and change regulations on standards and procedures for election, exemption and dismissal of People’s jurors Specifically: Criteria for selection and election of People’s jurors: The regulation and application should be performed, the person to be elected as a people's juror, in addition to the conditions on moral qualities, health factors, etc., must have an education level at the intermediate level of law or higher, or after being elected, the People’s jurors must undergo a training course on legal qualifications before participating in the selection list to try criminal cases; the age of People’s jurors should be stipulated instead of from 21 to at least 23 years old In addition, it is necessary to increase the number of People’s jurors with specialized knowledge in different fields Introduction and election of People’s jurors: This should be expanded and made public so that people can stand for election or nomination as a people's juror, then there will be people who are really enthusiastic, capable, and qualified to the task of jurors Through that, it also attracts the attention of the community, publicity, and substantive promotion; management process or when considering reward, discipline or exemption or dismissal of jurors will limit sensible status and formality 22 Exemption and dismissal of jurors: Along with the dismissal at the request of the jurors, the procedure for considering dismissal, commendation, and discipline, besides the current proposal of the Chief Justice of the People's Court and the Vietnam Fatherland Front Committee, it is necessary to add roles and responsibilities of the Jury On the other hand, there should be more specific regulations on what jurors are not allowed to do, in cases where jurors violate, they will be disciplined and dismissed 4.2.4 Assurance of the performance of duties, powers and responsibilities of People’s jurors in criminal procedure To overcome the limitations and shortcomings and help the People’s jurors well perform their tasks, powers and responsibilities in criminal procedure, the thesis proposes: Firstly, review the regulatory documents, focus on the management of jurors, standardize the criteria for jurors, and at the same time clarify the duties, responsibilities and powers of People’s jurors in legal proceedings Selection of People’s jurors to participate in the trial of criminal cases is done by random drawing among jurors who are members of the Jury Secondly, further stipulate the evaluation criteria for cadres and civil servants who are People’s jurors during their active term as a basis for discipline, reward and salary increase ahead of time The coordination between the People's Courts, the Jury, the office where the People’s jurors are working and the place where the People’s jurors are living will contribute to strengthening management and creating favorable conditions for the People’s jurors to perform their jurors' duties, and at the same time helping the jurors’ consideration and evaluation of work more accurately and effectively Thirdly, there are more specific regulations for other procedural acts and activities, in addition to the trial of the People’s jurors The law also stipulates that before the trial is opened, the People’s jurors must have time to study the case files before they can participate in the trial In addition, it is necessary to supplement regulations on fines and procedures for People’s jurors to swear an oath after being elected and before hearing the case 4.2.5 Strengthening of the capacity and adjudication capacity of 23 People’s jurors The jurors are persons directly involved in the firstinstance trial of criminal cases, so it is necessary to focus on improving professional capacity and necessary conditions for jurors to perform their roles well There should be more specific requirements for legal knowledge, capacity, and responsibility commensurate with the rights they are entitled to Specifically, along with certain requirements and criteria when selecting and electing a juror (see subsection 4.2.3) every year, People’s jurors have to perform the obligation of compulsory training in legal knowledge and adjudication skills for at least one working day (8 hours/year), and at the same time must attend all conferences and professional activities organized by the People's Courts and jurors where they are members There should be specific regulations so that before the opening of the trial, the People’s jurors must have time to study the case files before they can participate in the trial In addition to more fully regulating procedural activities for People’s jurors, it is necessary to have a mechanism to ensure that People’s jurors perform their duties when it is necessary to learn about the case (time, funding, support forces, etc.) It is advisable to consider allowing jurors to participate in the trial of criminal cases in accordance with their capacity, understanding and areas of expertise; before the trial takes place, the jurors need to be explained and provided by judge with necessary information related to the case and legal policies, and together discuss and solve problems related to expertise, law, and contents of the case The issue of fostering, professional training and adjudication skills should be assigned to jurors to actively implement according to regulations and general plans 4.2.6 Renovation of the organization, management and supervision of People’s jurors The local People's Council is the place to elect and carry out the dismissal and removal of People’s jurors The People's Council is also the people's representative body, having full authority and conditions to decide on issues related to the settlement of regimes and policies; avoid interference from organizations and 24 individuals with the jurors, contribute to ensuring that the People’s jurors perform an independent role when adjudicating and supervising judicial activities, etc From there, the local People's Council - where the People’s jurors are elected - will be the main body responsible for management and supervision of the People’s jurors Accordingly, the law should stipulate that “People’s jurors must not serve two consecutive terms In the middle of the term, the People's Council (the PC) conducts the assessment, collects a confidence vote in order to dismiss the People's juror and conduct additional election or replacement of People’s jurors People’s jurors must participate in activities, comply with the regulations of the jurors where they are members, and must report their activities annually to the People's Councils where they are elected as People’s jurors” At the same time, it is necessary to have a regulation that "People’s jurors must adhere to and be supervised by the residential community where they live and work At least once every six months, People’s jurors, in different forms, must participate in activities, communicate with and inform about their jurors' activities with the people where they are elected 4.2.7 Assurance of regimes and policies for People’s jurors in criminal procedure In order to prevent violations of court operations as well as take measures to protect People’s jurors and their relatives while on duty, the law needs to specify the level of punishment and sanctions in the direction of increasing severity for individuals and groups when violating or interfering with this issue The training costs for jurors under current regulations are too low and not suitable for reality Therefore, along with proper determination of the roles and tasks of the People’s jurors, the law should stipulate an increase in the current training level for People’s jurors when participating in trials and studying documents higher than the common income level, considering to have a monthly allowance for People’s jurors, have an appropriate mechanism for travel expenses and necessary expenses for jurors while on duty When People’s jurors perform their duties, they must consider it as an act of official duty; there should be a mechanism to ensure that 25 People’s jurors have the best conditions to perform their tasks; have clear and severe sanctions against organizations and individuals that obstruct, interfere, and cause mental and material harm to People’s jurors and their relatives 4.2.8 Some other solutions Currently, the law stipulates that “In case the procurator withdraws the entire decision to prosecute… if he/she finds the withdrawal of the decision to prosecute unfounded, he/she shall decide to temporarily suspend the case and propose to the President of the same-level procuracy or the President of the immediate superior procuracy” In order to be consistent with the provisions of the 2013 Constitution, and at the same time ensure the correct roles and tasks of the People's Court, the Trial Panel and the People’s jurors in criminal procedure, it is necessary to consider amending Clause 4, Article 326 of the Ministry of Justice The 2015 Criminal Procedure Code (CPC) as follows: “In case the procurator withdraws the entire decision to prosecute, the Trial Panel will still resolve the issues of the case according to the order prescribed in Clause 1, Article 10 of this Law If there are grounds to determine that the defendant is not guilty, the Trial Panel shall declare the defendant not guilty; if it finds that the withdrawal of the prosecution decision is groundless, the Trial Panel shall still settle the case according to regulations and notify the President of the same-level procuracy or the President of the immediate superior procuracy” Currently, our country's courts often pronounce sentences by reading the entire judgment, but there are many lengthy criminal judgments, some of which are just procedural The law also stipulates that the presiding judge or other member of the Trial Panel reads the judgment and can explain more about the execution of the judgment and the right to appeal, but the People’s jurors are the people's representatives, reading the judgment would be inappropriate Therefore, it is recommended to amend Article 327 of the Criminal Procedure Code 2015 “The presiding judge or another member of the trial panel reads the judgment In case of closed trial, read the decision part of the judgment After reading, the compliance with the sentence and the right to appeal can be explained more” At present, in the localities, the jurors have been 26 formed, so it is necessary to create conditions so that it is a professional social organization with high self-governance, even establish a national federation of jurors and soon develop a Code of Conduct and professional ethics of People’s jurors In addition, the Supreme People's Court and agencies should conduct an assessment, learn from experience, consider and review regulations to submit to the National Assembly or within their powers to soon adjust, amend and supplement relevant regulations, in order to promote the role of People’s jurors in criminal procedure CONCLUSION Since the August Revolution in 1945, under the leadership of the Communist Party of Vietnam, along with the establishment of the people's government system, a new type of court system has been formed in our country As the owners, people actively participated in state management and took part in adjudication activities Trial by People’s jurors has become a constitutional principle, recognized in all Constitutions and applied in practice since 1945 However, in addition to the recorded results, up to now, the regulation and application of the People’s jurors institution are revealing many limitations and inadequacies that need to be studied and overcome Along with that, in the current integration context, it also poses new requirements, requiring further research and improvement It is fully and appropriately grasping the point of view, perceiving the role of the People’s jurors, and at the same time focusing on researching and amending the provisions of the law and having effective solutions to the jury institution In addition, it is necessary to study soon to promulgate the Law on Jurors - with an innovative spirit, to meet the requirements set forth on adjudication, and to ensure democracy, fairness and justice The solutions proposed by the author cover many issues, from the basic principles in the proceedings to the factors that ensure the performance of the role of the People’s jurors in criminal procedure This, first of all, still ensures the Party's guidelines and lines, the current view of judicial reform; is the inheritance and promotion of criminal law policies that have been applied over the past 70 years in our country, and at the same time 27 selected from the world's experience, overcoming current limitations and shortcomings If applied according to the solutions as proposed by the thesis, it will be suitable for the specific economic, political and social situation of Vietnam This is not only a requirement from reality, meeting the goal of judicial reform so that adjudication activities in general and the institution of People’s jurors in criminal procedure are guaranteed as the purpose and meaning of this institution in our country today - LIST OF WORKS OF THE AUTHOR RELATED TO THE TITLE Lieu Chi Trung (2014), Extraordinary case in Thai Nguyen, Vietnam Lawyer Journal, No 6/2014 Lieu Chi Trung (2015), Jury Institutions in Criminal Trial, Vietnam Lawyer Journal, No 6/2015 Lieu Chi Trung (2016), The man who was sentenced to death times was released and the reason for the unjust conviction, Vietnam Lawyer Journal, No 12/2016 Lieu Chi Trung (2017), Extraordinary case in Thai Nguyen – “Roulette” till when?, Vietnam Lawyer Journal, No 4/2017 Lieu Chi Trung (2018), Perspectives and history of the law on People’s jurors in criminal procedure in Vietnam, Journal of Legal Profession, No 5/2018 Lieu Chi Trung (2018), The role of people participating in the trial of criminal cases in countries around the world, Vietnam Lawyer Journal, No 7/2018 Lieu Chi Trung (2020), People’s jurors according to current regulations in Vietnam, Vietnam Lawyer Journal, No 8+9/2020 Lieu Chi Trung (2020), Jurors and amateur judges in current criminal procedure in countries around the world, Journal of Legal Profession, No 10/2020 Lieu Chi Trung (2021), Law on people's representation in criminal procedure in Vietnam before 1945, Vietnam Lawyer Journal, No 4/2021 ... Sciences of the Vietnam Academy of Social Sciences, 477 Nguyen Trai, Thanh Xuan, Hanoi, At h on date month 202 The thesis can be found at: - National Library of Vietnam - Library of Vietnam Academy of... criminal procedure in Vietnam 16 Chapter PRACTICE OF REGULATIONS AND ENFORCEMENT OF THE LAW ON PEOPLE’S JURORS IN CRIMINAL PROCEEDINGS IN VIETNAM 3.1 Regulations of Vietnamese law on People’s jurors... People’s jurors in criminal procedure in Vietnam on the basis of suitability with the specific characteristics of the socio-political situation in Vietnam and current development trend Research