Cassation protest in criminal proceedings of the high level people’s procuracy in ho chi minh city practical issues and recommendations

MINISTRY OF EDUCATION AND TRAINING HO CHI MINH CITY UNIVERSITY OF LAW -*** -MANAGING BOARD OF SPECIAL TRAINING PROGRAMS CASSATION PROTEST IN CRIMINAL PROCEEDINGS OF THE HIGH-LEVEL PEOPLE’S PROCURACY IN HO CHI MINH CITY: PRACTICAL ISSUES AND RECOMMENDATIONS BACHELOR’S THESIS CRIMINAL LAW MAJOR Academic year : 2013 - 2017 HO CHI MINH CITY 2017 MINISTRY OF EDUCATION AND TRAINING HO CHI MINH CITY UNIVERSITY OF LAW -*** -MANAGING BOARD OF SPECIAL TRAINING PROGRAMS CASSATION PROTEST IN CRIMINAL PROCEEDINGS OF THE HIGH-LEVEL PEOPLE’S PROCURACY IN HO CHI MINH CITY: PRACTICAL ISSUES AND RECOMMENDATIONS BACHELOR’S THESIS CRIMINAL LAW MAJOR Academic year : 2013 - 2017 Supervisor: Dr LE HUYNH TAN DUY Student: NGUYEN THI QUYNH NHI ID: 1353801013144 CLASS: CLC38D HO CHI MINH CITY 2017 DECLARATION This bachelor‟s thesis has been submitted in fulfillment of the Bachelor of Law Program at Ho Chi Minh City University of Law I declare and certify with my signature that my thesis “Cassation protest in criminal proceedings of the Highlevel People’s Procuracy in Ho Chi Minh City: Practical issues and recommendations” is entirely the results of my own work, under the supervision of Dr Le Huynh Tan Duy I have faithfully and accurately cited all my sources, including legislation, books, articles and other references NGUYEN THI QUYNH NHI ACKNOWLEDGMENTS The success I earned today is not solely due to my hard work and efforts during the last four years of university and three-month thesis but also due to the help of many people Firstly, I would like to sincerely thank my supervisor – Dr Le Huynh Tan Duy, a very enthusiastic and responsible teacher Although he is very busy, he still made time to give me direction, guide me and help me editing my thesis as well as motivate me and giving me advises He believes I can succeed and strive for greatness from the bottom of my heart would like to personally thank you We all faced challenges together and grew out mistakes and thank you for everything from challenging me to teaching me Therefore, enable me to finish my thesis on time and as great as I expected Secondly, I am very grateful for all of those who have encouraged me My second mother, friends, members of badminton clubs have supported me emotionally and mentally, helped me overcome the difficulties during my times in the Law school Especially, my second mother (Mrs Nguyen Thi Kim Thanh); my close friends (Ms Loan Nguyen; Ms Phan Phuong; Mrs Nancy Du); young sister (Ms Mie Le) And High-prosecutor Huynh Thi Ngoc Hoa, Intermediate-Prosecutor Le Tan Cuong, Primary-Prosecutor Le Thi Truc Phuong and others help me broaden my knowledge related to this title Finally, I am very thankful for the most important persons in my life who not only care and love me during the four years of university but also on my growing up They are always in my heart as the most precious gift of my life I deeply grateful and appreciate what they have given me LIST OF ABBREVIATIONS HCMC Ho Chi Minh City VC3 High-level People‟s Procuracy in Ho Chi Minh City PRC People‟s Republic of China VND Vietnamese Dong LIST OF CHARTS Chart Cassation protests of the High-level People‟s Procuracy in Ho Chi Minh City Chart Number of cassation protests Chart Results of cassation protests Chart Progress of application settlement TABLE OF CONTENTS INTRODUCTION Chapter Legal issues on cassation protest and protest power of the Highlevel People’s Procuracy in cassation procedure 1.1 Legal issues on cassation protest 1.1.1 Definition and nature of cassation protest 1.1.2 Objects of cassation protest 1.1.3 Meaning of cassation protest 1.1.4 Grounds to lodge cassation protest 10 1.1.5 Right to lodge cassation protest 14 1.2 Power to lodge cassation protest of the High-level People’s Procuracy 16 2.1.1 History of the High-level People‟s Procuracy in Ho Chi Minh City 16 2.1.2 Organization of the High-level People‟s Procuracy in Ho Chi Minh City 19 2.1.3 Tasks and powers of the High-level People‟s Procuracy in Ho Chi Minh City 21 2.1.4 Right of the High-level People‟s Procuracy in Ho Chi Minh City to lodge cassation protest 23 Conclusion of Chapter one 26 Chapter Practice of cassation protests of the High-level People's Procuracy in Ho Chi Minh City and recommendations 27 2.1 Practice of cassation protests of the High-level People’s Procuracy in Ho Chi Minh City 27 2.1.1 Exercise of power to prosecute and supervision of cassation trials 29 2.1.2 Settlement of applications on cassation protest in practice 41 2.1.3 Supervision of judgments 43 2.2 Achievements and causes 43 2.2.1 Achievements 43 2.2.2 Causes of achievements 45 2.3 Limitations and causes 49 2.3.1 Limitations 49 2.3.2 Causes of limitations 52 2.4 Recommendations 57 2.4.1 Restriction of mistakes at first-instance and appellate levels 57 2.4.2 Enhancement of internal and external coordination 60 2.4.3 Continuing to review and categorize applications; enhancement of receiving complaints 62 2.4.4 Enhancement of quality of supervision in territory 63 2.4.5 Supplement of staffs and prosecutors and increase of salary 64 2.4.6 Enhancement of experience exchange and summary reports 65 2.4.7 Recommendations to the Supreme People‟s Procuracy 65 Conclusion of Chapter two 67 CONCLUSION 68 BIBLIOGRAPHY INTRODUCTION Background The State of the Socialist Republic of Vietnam is a socialist State ruled by law and of the People, by the People and for the People The Socialist Republic of Vietnam is the country where the People are the masters; all the State power belongs to the People and is based on the alliance of the working class, the peasantry, and the intelligentsia The State shall guarantee and promote the People's right to mastery; recognize, respect, protect and guarantee human rights and citizens' rights; and pursue the goal of a prosperous people and a strong, democratic, equitable and civilized country, in which all people enjoy an abundant, free and happy life and are given conditions for their comprehensive development The Communist Party of Vietnam (Party) - the Vanguard of the working class, concurrently the vanguard of the laboring people and Vietnamese nation, faithfully representing interests of the working class, laboring people and entire nation, and acting upon the Marxist-Leninist doctrine and Ho Chi Minh thought, is the force leading the State and society On that basis, the Party has set up judicial reform strategies with goals: building clean, strong and democratic judicial system and protecting equality There are some documents related to judicial reform such as Resolution No 49/NQ-TW dated on 02/6/2005 on judicial reform of the Communist Party; Conclusion No.79KL/TW dated on 28/7/2010 of the Politburo on project of innovating organization and operation of the People‟s Courts, the People‟s Procuracies and investigating bodies and Conclusion No 92-KL/TW dated on 12/3/2014 of the Politburo on implementing Resolution No 49-NQ/TW Especially, in criminal laws, protecting the socialist regime, safeguarding the interests of the State, the legitimate rights and interests of citizens, organizing and protecting the socialist legal order, and struggling to prevent and fight crimes have a profound impact on targets in judicial reform One of many mechanisms, which can achieve those goals, is cassation protest in criminal proceedings The High-level People‟s Procuracy is the “youngest” body in procuracy‟s system because it was officially established on 01/6/2015 The born of the Highlevel People‟s Procuracy is one of the goals of strategies of judicial reform Preventing and precluding crimes, accurately and quickly detecting and handling all criminal acts, not leaving criminals unpunished and the innocent punished unjustly are tasks and responsibilities of this body The People‟s Procuracy is a body having responsibility for law enforcement and a body exercising the power of prosecution and supervising judicial activities There are three the High-level People‟s Procuracies in the procuracy system including the High-level People‟s Procuracy in Ha Noi, the High-level People‟s Procuracy in Da Nang and the High-level People‟s Procuracy in Ho Chi Minh City (HCMC) They are established according to Law on organization of People‟s Procuracies 2014 taking effect on 01/6/2014 On 15/6/2016, the High-level People‟s Procuracy in HCMC was introduced under this Law and Resolution No 953/NQ-UBTVQH13 dated on 28/05/2015, on establishing the High-level People‟s Procuracy of the Standing Committee of National Assembly and defined specified powers in which include the protest in cassation procedure The High-level People‟s Procuracy can use protest as a “tool” to achieve judicial reform targets which the People and State had delivered since establishing Except for the privileged right of appellate protest, the People‟s Procuracy has right to lodge cassation protest Cassation protest is an activity to review the legality and the rightness of legally valid judgments or decisions The higher court can confirm and remedy in time law violations in criminal proceedings In the criminal proceeding, it plays an important role to ensure that the settlement of cases complies with the laws Thus, exercising the cassation protest is not only right but also the responsibility of the Department of the Party, the State and people 64 procuracies, researching and handling reports of suggesting cassation protest, following special cases In order to enhance work of cassation protest, prosecutors have to follow closely the current situation; think clearly of the quality and results of exercising the right of prosecution and practicing criminal cases in local procuracies through any methods Examples of this are monthly reports, special reports, mass media Prosecutors must periodic assessment about situation and qualify of prosecution and supervision at local, and then report to the leaders of Department Therefore, leaders could survey completely operations of local procuracies and operations of prosecutor assigned supervision This is a measure, which plays a significant role of enhancement of prosecutor‟s responsibilities 2.4.5 Supplement of staffs and prosecutors and increase of salary Nowadays, there is a large number of students graduated from two famous schools of law Almost, the student with an upper good degree would choose private companies and foreign invested companies If the students have additional standards such as foreign language, they will find scholarships to study abroad There are few students taking part in judicial career, particularly, procuracy, because of low salary This is a barrier that everyone must usually consider when they decide to work According to Resolution No 08-NQ/TW, it states that “policies for judicial staffs have not been proportional to tasks and responsibilities”93 In practice, it impacts on prosecutors‟ morale, specially, some prosecutors living in other provinces and working at the High-level People‟s Procuracy in HCMC spend more money on accommodation, transportation Consequently, wages reform has a profound impact on the work of prosecution and supervision, also the effect of cassation protest To ensure the quality of work of the High-level People‟s Procuracy, the VC3 tends to choose intermediate and high prosecutors, prosecutors with experience and limitation in the recruitment of new staffs However, there are a few intermediate and high prosecutors in HCMC and other provinces In 2016, the VC3 had picked 93 Politburo (2002), Resolution No 08/TW dated on 02/01/2002 on significant tasks in judicial work in next period 65 up some prosecutors with experience to join in examinations of intermediate prosecutor and high prosecutor but it has not had enough prosecutors to enhance work of cassation protest Therefore, the provincial procuracies and the VC3 shall take more prosecutors to the examinations on rank in order to graduate a number of prosecutors for researching cases and numbers of prosecutors for exercising the right of prosecution and supervising at cassation sessions 2.4.6 Enhancement of experience exchange and summary reports An exchange of experience in workshops, special reports plays a momentous role in exercising the right to prosecute and supervise judicial activities This is because specific reports are results of synthesizing and appraising trying circumstances, acute problems and burning issues in practice People could give effective solutions to repair those limitations and gain invaluable experience in the internal department Other procuracies and prosecutors can learn advantages as well as possible solutions to overcome disadvantages Specific reports are requisite termly works to exchange experience and enhance the effectiveness of cassation protest as well However, a practicality and an effect of the specific report not only contain in its content but also display when applying in a real situation Organization of a workshop on report application is a significant stage In the workshop, specific steps and solutions will be discussed to apply the advantages into work Thus, it contributes to reduce difference opinions and lower level‟s mistakes, also intensify work of cassation protest 2.4.7 Recommendations to the Supreme People’s Procuracy First, the Supreme People‟s Procuracy shall synthesize difficulties, restrictions and limitations in work of cassation protest, particularly, supervision of judgments and settlement of application Based on reports of Division for cassation, reopening procedures, the Supreme People‟s Procuracy shall respond and remove issues in time 66 Second, the Supreme People‟s Procuracy shall enact new regulations on information report, professional works in criminal cases in order to be suitable for the four-level system In detail, the Supreme People‟s Procuracy shall provide mechanisms of the High-level People‟s Procuracy on responding to questions of the provincial procuracies, mechanisms of examination to provincial procuracies In work of cassation protest, the Supreme People‟s Procuracy shall promulgate a document on receiving and handling applications suggesting for cassation protests Third, the Supreme People‟s Procuracy shall organize a preliminary about implementing Instruction No 04/CT-VKSTC to get experience and direct performance towards the settlement of application 67 Conclusion of Chapter two This chapter – Practice of cassation protests of the High-level People’s Procuracy in Ho Chi Minh City and recommendations illustrates the current situation of cassation protests of the High-level People‟s Procuracy in HCMC Through handling applications, exercising the power of prosecution and supervision in cassation stage, the author has made up the achievements during two years, especially, the quality of cassation protest Alongside achievements, the work of cassation protest still has a number of limitations of which the majority is caused by objective factors By analyzing the cases and mistakes of other bodies – investigating bodies, local procuracies and local courts, the author has recommended some solutions to remove those limitations The author focuses attention on this Chapter to clarify research objectives of this thesis – preventing crimes and protecting the human 68 CONCLUSION Justice reform plays an important role in buiding of the rules of law The justice reform is a base of protecting individual rights94 and protecting the equality in criminal justice Protection of the equality, in other words, means the preventing and precluding crimes, detecting and handling all criminal acts, not leaving criminals unpunished and the innocent punished unjustly To gain the targets in justice reform, the intensification and completion of each stage as well as responsibilities of each body are of considerable importance In this thesis, the author focuses on cassation stage, particularly the work of protest of the High-level People‟s Procuracy in HCMC In detail, the author has clarified legal issues on cassation protest and the High-level People‟s Procuracy in HCMC The legal issues of cassation protest are analysized through definition, nature, objects, grounds and meaning of cassation protest as well as the persons entitled to lodge cassation protest in the first-half of Chapter Moreover, in the second half of Chapter 1, this thesis also clarifies the “young” body – the Highlevel People‟s Procuracy in HCMC with history, organizations, tasks and powers, especially its power to lodge cassation protest The main content of this thesis is presented in Chapter The current situation of cassation protest has been evalutated through data and significant cases The author has highlighted the effectiveness of the High-level People‟s Procuracy in HCMC and also determine the limitations Finally, specific recommendations has been suggested to improve the work of cassation protest As a result, it can verify that this thesis is not only doctrinaire but realistic and practical as well, and could contribute to enhance the effectiveness of cassation protest of the High-level People‟s Procuracy in Ho Chi Minh 94 City Nguyen Duc Phuc, Hoang Hung Hai, “Judicial reform in order to be better for human rights and citizen rights (Cải cách tư pháp nhằm tốt quyền người quyền cơng dân), Tạp chí Dân chủ Pháp luật, see BIBLIOGRAPHY A BIBLIOGRAPHY IN VIETNAMESE I Legislation Constitution of the Socialist Republic of Vietnam dated on 28/11/2013 Criminal Procedure Code (Code No.19/2003/QH11) dated on 26/11/2003 Criminal Procedure Code (Code No.101/2015/QH13) dated on 27/11/2015 Penal Code (Code No.15/1999/QH10) dated on 21/12/1999 Law on amendment and supplement of the 1999 Penal Code (Law No.37/2009/QH12) dated on 19/06/2009 Penal Code (Code No.100/2015/QH13) dated on 27/11/2015 Law on Enterprise (Law No.60/2005/QH11) dated on29/11/2005 Law on Enterprise (Law No.68/2014/QH13) dated on26/11/2014 Law on Enforcement of criminal judgments (Code No.53/2010/QH12) dated on 17/6/2010 10 Law on Organization of the People‟s Courts (Law No.33/2002/QH10) dated on 02/04/2002 11 Law on Organization of the People‟s Courts (Law No.62/2014/QH13) dated on 24/11/2014 12 Law on Organization of the People‟s Procuracies (Law of the People‟s Procuracies (Law No.34/2002/QH10) datedon 02/04/2002 13 Law on Organization No.63/2014/QH13) dated on 24/11/2014 14 Resolution No 82/2014/QH13 adopted by the National Assembly dated on 24/11/2014 on the implementation of the 2014 Law on organization of people‟s procuracies 15 Resolution No 96/2015/QH13 dated on 26/6/2015 of the National Assembly on strengthening measures to prevent and combat injustice, wrongfulness and compensation for victims in criminal proceedings 16 Resolution No 109/2015/QH13 dated on 27/11/2015 adopted by the National Assembly on the implementation of the 2015 Penal Code 17 Resolution No 144/2016/QH13 dated on 29/6/2016 adopted by the National Assembly on stay of the effective date of Penal Code No.100/2015/QH13, Criminal Procedure Code No.101/2015/QH13, Law No.99/2015/QH13 on Organization of Criminal Investigation Bodies, Law No.94/2015/QH13 on custody and temporary detention, and addition of the draft law amending and supplementing a number of articles of Penal Code No.100/2015/QH13 to the 2016 Law and Ordinance making program 18 Resolution No 953/NQ-UBTVQH13 dated 28/5/2015 adopted by the Standing Committee of National Assembly on establishment of the High-level People‟s Procuracy in Ho Chi Minh City 19 Resolution No 01/2013/HDTP dated 06/11/2013 of the Judges Council of the Supreme People‟s Court on guiding the application of the Article 60 of the 1999 Penal Code regarding suspended sentence 20 Joint-Circular No 17/2007/TTLT-BCA-VKSNDTC-TANDTC-BTP dated on 24/12/2007 adopted by Ministry of Public Service, the Supreme People‟s Procuracy, the Supreme People‟s Court, Ministry of Justice on guiding the application of a number of articles in Chapter XVIII “Narcotics-related crimes” of the 1999 Penal Code 21 Joint-Circular No 08/2015/TTLT-BCA-VKSTC-TANDTC-BTP dated on 14/11/2015 of the Ministry of Public Service, the Supreme People‟s Procuracy, the Supreme People‟s Court, Ministry of Justice on amending, supplementing a number of points of Joint-Circular No 17/2007/TTLT-BCAVKSNDTC-TANDTC-BTP dated 24/12/2007 adopted by Ministry of Public Service, the Supreme People‟s Procuracy, the Supreme People‟s Court, Ministry of Justice on guilding application of a number of articles in Chapter XVIII “Narcoticsrelated crimes” of the 1999 Penal Code II References 22 Archives No.234/TANDTC-HS dated 17/09/2014 adopted by the Supreme People‟s Court on examination of content over narcotics subtance 23 Archives No 1647/VKSNDTC-V7 dated on 06/5/2016 on feedback of Regulations of prosecution and supervision in criminal proceedings 24 Conclusion No 79-KL/TW adopted by the Politburo dated 28/7/2010 on Project of innovating organization and operation of the People‟s Courts, the People‟s Procuracies and investigating bodies 25 Decision No 26/QD-VKSTC-VC dated 20/11/2015 adopted by the Supreme People‟s Procuracy on an enactment of regulation on organization and operation of the High-level People‟s Procuracies 26 Decision No 51/QD-VKSTC-V12 dated on 02/02/2016 of Procurator General of the Supreme People‟s Procuracy on enaction Regulation on reception, settlement of complaints, denounces and supervising the settlement of complaints, denounces in criminal operations 27 Decision No 82/QD-VC3 dated on 01/6/2016 of the High-level People‟s Procuaracy in Ho Chi Minh City on an enacting Regulation on organization and operation of the Office of high-level people‟s procuracy in Ho Chi Minh City 28 Decision No 85/QD-VC3-V2 dated on 17/6/2016 of the High-level People‟s Procuracy in Ho Chi Minh City on enacting Regulation on organization and activities of Department for supervision over resolution civil, marriage and family cases and civil, marriage and family matters 29 Decision No 86/QD-VC3 dated on 20/6/2016 of the High-level People‟s Procuracy in Ho Chi Minh City on enacting Regulation on organization and activities of Department for prosecution and supervision over trial of criminal cases 30 Decision No.04/QD-VKSTC dated on 16/3/2017 of the Procurator General of the Supreme People‟s Procuracy on separation professional departments under the High-level People's Procuracy in Ho Chi Minh City 31 High-level People‟s Procuracy in Ho Chi Minh City, Final Report on supervising criminal cases in 2016, Ho Chi Minh City 32 High-level People‟s Procuracy in Ho Chi Minh City, Preliminary Report in the first half of 2017, Ho Chi Minh City 33 Ho Chi Minh City University of Law (2013), Curriculum of the Vietnamese Criminal Procedure laws, Vo Thi Kim Oanh, Hong Duc Publisher 34 Instruction No 09 dated on 06/4/2015 of the Procuracy General of the Supreme People‟s Procuracy on enhancement of adversarial activities at court Dinh The Hung, Tran Van Bien, (2016), “Scientific commentary on the 2015 Criminal Procedure Code” (Bình luận khoa học Bộ luật tố tụng hình năm 2015), Hong Duc Publisher 35 Instruction No 04 dated on 10/7/2015 of the Procuracy General of the Supreme People‟s Procuracy on enhancement of measures for preventing injustice cases 36 Instruction No 01/HD-VC3-VP dated on 01/12/2015 of the High- level People‟s Procuracy in Ho Chi Minh City on process of settlement of application complaining in cassation, reopening procedure 37 Instruction No 50-CT/TW dated on 07/12/2015 of the Politburo on settlement of corruption cases and matters 38 Instruction No 04/CT-VKSTC dated on 08/3/2016 of Procurator General of the Supreme People‟s Procuracy on enhancement of management, settlement of applications.Dinh Van Que (1997), Criminal Cassation and Reopening – Legal and pratical issues (Giám đốc thẩm, tái thẩm hình – Những vấn đề lý luận thực tiễn”, Chinh tri Quoc gia Ha Noi Publisher 39 Instruction No 08/CT-VKSTC dated on 06/4/2016 of the Supreme People‟s Procuracy on the continuous enhancement of work of protest in criminal cases 40 Dinh Van Que (1999), Cassation protest in the Vietnamese Criminal Procedure Law (Thủ tục giám đốc thẩm luật tố tụng hình Việt Nam), Da Nang Publisher 41 Dinh Van Que (1999), Legislation in Practice and Trial (Pháp luật thực tiễn xét xử), Da Nang publisher 42 Ha Noi University of Law (1999), Dictionary of Legal Explanation (Penal Code and Criminal Procedure Code) (Từ điển giải thích luật học (Luật hình tố tụng hình sự)), Cong an nhan dan Pubisher 43 Lanh Thi Thanh (2012), Protest under cassation procedure in Vietnamese criminal procedure (Kháng nghị theo thủ tục giám đốc thẩm tố tụng hình Việt Nam), Bachelor thesis, Ha Noi University of Law 44 Ministry of Justice, Institute of Legal Science (2006), Legal Dictionary (Từ điển Luật học), Tu Dien Back Khoa Publisher 45 Nguyen Lan (1988), Dictionary of Words and Phrases in Viet Nam (Từ điển từ ngữ Việt Nam), Ho Chi Minh City 46 Nguyen Mai Bo, Tran Van Do (2010), “Definition of cassation and reopening in Vietnamese criminal proceedings” (Khái niệm giám đốc thẩm, tái thẩm tố tụng hình Việt Nam), Journal of People’s Court, volume I 47 Nguyen Nhu Thang (2014), Cassation and reopening protest in Vietnamese criminal Proceedings (Kháng nghị giám đốc thẩm, tái thẩm tố tụng hình Việt Nam), Master thesis, Ha Noi National University 48 Nguyen Van Xo (2008), Vietnamese Dictionary, 5th edition, Thanh Nien Publisher 49 Pham Manh Hung (2015), Curriculum of the Vietnamese Criminal Procedure Code, Chinh tri Quoc gia Su that Publisher 50 Plan No 02/KH-VC3-VP dated on 30/12/2015 adopted by the Procurator General of the High-level People‟s Procuracy in Ho Chi Minh City on a work of supervision in 2016 51 Phan Thi Thanh Mai (2006), Cassation in criminal proceeding in Viet Nam (Giám đốc thẩm tố tụng hình Việt Nam), Doctoral thesis, Ha Noi University of Law 52 Recommendation No.24/KN-VC3-V1 dated on 01/11/2016 of the High-level People‟s Procuracy in Ho Chi Minh City on trial guideline in cases related to breaching regulations on operating road vehicles 53 Resolution No 08/TW of the Politburo dated on 02/01/2002 on significant tasks in judicial work in next period 54 Resolution No 49-NQ/TW of the Politburo dated on 02/6/2005 on judicial reform 55 Tran Van Do, “Cassation and reopening procedures on legally valid judgments and decisions” (Giám đốc thẩm, tái thẩm án, định có hiệu lực pháp luật), New contents in the 2015 Criminal Peocedure Code (Những nội dung Bộ luật tố tụng hình năm 20015), Chinh tri Quoc gia Publisher, 2016 References from internet 56 Department of Legislation and Scientific Management (“Vụ Pháp chế Quản lý khoa học”) (2015), “Provisions of the 2014 Law on organization of the people‟s procuracies about organization and activities of the high-level.people‟s procuracies” (“Quy định Luật tổ chức Viện kiểm sát nhân dân 2014 tổ chức hoạt động Viện kiểm sát nhân dân cấp cao”), online available at (last retrieved on 10/7/2017) 57 Van Anh, “Understanding the high-level people's court according to the 2014 Law on organization of the People‟s Courts” (Tìm hiểu Tòa án nhân dân cấp cao theo Luật tổ chức Tòa án nhân dân năm 2014), online available at: (accessed on 10/7/2017) 58 Nguyen Duc Phuc, Hoang Hung Hai, “Judicial reform to better human rights and citizen rights” (Cải cách tư pháp nhằm tốt quyền người quyền cơng dân, tạp chí dân chủ pháp luật), see http://tcdcpl.moj.gov.vn/qt/tintuc/Pages/xay-dung-phap-luat.aspx?ItemID=254, accessed on 10/7/2017 III Cases 59 Appellate judgment of Ho Chi Minh City People‟s Court No 262/2015/HSPT dated on 23/4/2015 60 Appellate judgment of Ho Chi Minh City People‟s Court No 532/HSPT/2015dated on 08/09/2015 61 Appellate judgment of Ho Chi Minh City People‟s Court No 682/2015/HSPT dated on 11/11/2015 62 Appellate judgment of Ho Chi Minh City People‟s Court No 825/2016/HSPT dated on 24/12/2015 63 Appellate judgment of Dak Nong People‟s Court No 148/2015/HSPT dated on 24/12/2015 64 Appellate judgment of Long An People‟s Court No 35/2016/HSPT dated on 05/4/2016 65 Appellate judgment of Binh Phuoc People‟s Court No 09/2016/HSPT dated on 14/4/2016 66 Appellate judgment of Ho Chi Minh City People‟s Court No 462/2016/HSPT dated on 10/8/2016 67 Appellate judgment of Lam Dong People‟s Court No 03/2017/HSPT dated 06/01/2017 68 Decision No 20/QD-VC3-V1 dated on 11/11/2015of the Procurator General ofHigh-level People's Procuracy in Ho Chi Minh City on cassation protest 69 Decision No 01/QD-VC3-V1 dated on 04/12/2015 of the Procurator General of High-level People's Procuracy in Ho Chi Minh City on cassation protest 70 Decision No 10/QD-VC3-V1 dated on 24/12/2015 of the Procurator General of High-level People's Procuracy in Ho Chi Minh City on cassation protest 71 Decision No 12/QD-VC3-V1 dated on 24/12/2015 of the Procurator General of High-level People's Procuracy in Ho Chi Minh City on cassation protest 72 Decision No 27/QD-VC3-V1 dated on 01/3/2016 of the Procurator General ofHigh-level People's Procuracy in Ho Chi Minh City on cassation protest 73 Decision No 24/QD-VC3-V1 dated on 18/02/2016 of the Procurator General of High-level People's Procuracy in Ho Chi Minh City on cassation protest 74 Decision No 42/QD-VC3-V1 dated on 31/3/2016 of the Procurator General of High-level People's Procuracy in Ho Chi Minh City on cassation protest 75 Decision No 48/QD-VC3-V1 dated on 20/4/2016of the Procurator General of High-level People's Procuracy in Ho Chi Minh City on cassation protest 76 Decision No 54/QD-VC3-V1 dated on 16/5/2016 of the Procurator General of High-level People's Procuracy in Ho Chi Minh City on cassation protest 77 Decision No 80/QD-VC3-V1 dated on 15/7/2016of the Procurator General ofHigh-level People's Procuracy in Ho Chi Minh City on cassation protest 78 Decision No 87/QD-VC3-V1 dated on 02/8/2016of the Procurator General ofHigh-level People's Procuracy in Ho Chi Minh City on cassation protest 79 Decision No 95/QD-VC3-V1 dated on 19/8/2016 of the Procurator General of High-level People‟s Procuracy in Ho Chi Minh Cityon cassation protest 80 Decision No 99/QD-VC3-V1 dated on 05/9/2016 of the Procurator General of High-level People‟s Procuracy in Ho Chi Minh Cityon cassation protest 81 Decision No 100/QD-VC3-V1 dated on 08/9/2016 of the Procurator General of High-level People's Procuracy in Ho Chi Minh City on cassation protest 82 Decision No 105/QD-VC3-V1 dated on 29/9/2016 of the Procurator General of High-level People's Procuracy in Ho Chi Minh City on cassation protest 83 Decision No 118/QD-VC3-V1 dated on 04/11/2016 of the Procurator General of High-level People's Procuracy in Ho Chi Minh City on cassation protest 84 Decision No 04/QD-VC3-V1 dated on 24/02/2017 of the Procurator General ofHigh-level People's Procuracy in Ho Chi Minh City on cassation protest 85 Decision No 59/QD-VC3-V1 dated on 17/5/2017 of the Procurator General of High-level People's Procuracy in Ho Chi Minh City on cassation protest 86 Decision No 62/QD-VC3-V1 dated on 22/5/2017 of the Procurator General ofHigh-level People's Procuracy in Ho Chi Minh City on cassation protest 87 Decision No 63/QD-VC3-V1 dated on 22/5/2017 of the Procurator General ofHigh-level People's Procuracy in Ho Chi Minh City on cassation protest 88 First-instance judgment of Cao Lanh(Dong Thap) People‟s Court No 48/2013/HSST dated on 28/08/2013 89 First-instance judgment of Vung Liem(Vinh Long) People‟s Court No 47/2013/HSST dated on 12/11/2013 90 First-instance judgment of Binh Chanh Dictrict People‟s Court No 255/2015/HSST dated on 25/6/2014 91 First-instance judgment of District People‟s Court No 12/2015/HSST dated on 20/01/2015 92 First-instance judgment of Chau Thanh (Tien Giang) People‟s Court No 90/2015/HSST dated on 16/9/2015 93 First-instance judgment of Dak Mil (Dak Nong) People‟s Court No 44/2015/HSST dated on 21/9/2015 94 First-instance judgment of Loc Ninh People‟s Court No 99/2015/HSST dated on 14/12/2015 95 First-instance judgment of Mang Thit (Vinh Long) People‟s Court No 04/2016/HSST dated on 02/02/2016 96 First-instance judgment of Phu Nhuan (Ho Chi Minh City) People‟s Court No 25/2016/HSST dated on 28/3/2016 First-instance judgment of Lam Ha (Lam Dong) People‟s Court No 97 71/2016/HSST dated on 16/11/2016 B BIBLIOGRAPHY IN ENGLISH I Legislation Organic Law of the People‟s Courts of the People‟s Republic of China 98 dated on 02/9/1983 Organic Law of the People‟s Procuratorates of the People‟s Republic 99 of China dated on 02/9/1983 II References 100 Rose Smith, Roger Grimshaw, Renee Romeo and Martin Knapp (2007), Poverty and disadvantage among prisoners’ families, Joseph Rowntree Foundation, Centre for Crime and Justice Studies 101 The Scottish Center for Crime and Justice Research (2015), Impact of punishment: families of people in prison, School of education, University of Glasgow References from Internet 102 Quốc hội Trung Quốc, http://www.npc.gov.cn/englishnpc/Law/2007- 12/13/content_1384078.htm (accessed on 08/7/2017) 103 Quốc hội Trung Quốc, http://www.china.org.cn/english/government/207241.htm (accessed on 08/7/2017)