Criminal judgment execution while appealing

Criminal judgment execution while appealing
Posted date: 09/04/2020

My son has been sentenced to committing a crime “deliberately inflicting injury”. Because of not agreeing with the criminal first-instance judgment, my son wants to appeal for the re-trial. I would like to know if my son has to execute the judgment in the process of appeal.

 

FDVN’s opinions:

Thank you for concerning and trusting in FDVN’s legal services. We have studied the law provisions to provide you with our advice. Please kindly see the answer below:

 

According to Clause 1, Clause 2, Article 333 of the Criminal Procedure Code 2015:

1. The time limit for appeal against a first-instance court’s judgments is 15 days upon the pronouncement of such judgments. If the defendant or litigant is absent from the court, the time limit for appeal commences upon his receipt or the proclamation of the judgments according to the laws.

2. The time limit for appeal against a first-instance court’s rulings is 07 days and commences when the person entitled to appeal receives such rulings.

Besides, it is stipulated in Article 343 of this Code: “A first-instance court's judgments, rulings and parts of such not being appealed shall come into force upon the expiration of the time limit for appeals and protests.”

 

Thus, according to the regulation mentioned above, the first-instance judgment does not come to effect immediately. It will take effect after the time limit for the appeal or protest which is 15 days. In your son’s case, if he does not agree with the first-instance judgment, he must prepare the appellate letter and carry out the appellate procedure within the time limit regulated.  

According to Clause 2, Article 364 of the Criminal Procedure Code 2015: “The time limit for the issuance of an order for sentence enforcement shall be 07 days upon the effect of the first-instance court's sentences and rulings or upon the receipt of sentences and rulings from the appellate court or decisions generated through cassation or reopening procedures..” Therefore, in case there is an appeal against the first-instance judgment, that judgment does not take legal effect and cannot be executed. You son does not need to execute this judgment at this time.  

That is the advice of FDVN to your request, based on the study of legal regulations. Hopefully FDVN's advice will be useful to you.

Legal expert: Ngo Thi My Tram

FDVN Law Firm


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