This document prescribes that, if the Court judge a defendant not guilty unfoundedly or illegally, the following actions may be taken:
- The Procuracy must issue an appeal or a statement of request for appeal and send it through to the Procuracy of higher rank;
That statement must provide the following clear information:
+ Defendant’s personal background information;
+ Case details;
+ Legal proceedings against a case;
+ Assessment and decision of the plea of not guilty;
+ Comments and recommendations of the Procuracy;
The Prosecutor General of the Procuracy of higher rank must directly listen to the statement, give his/her opinions on such statement received from the Procuracy of lower rank, and ensure that the appeal is not overdue or exceeds the permissible deadline.
- Reviews must be carried out to determine clear causes and reasons leading to the situation in which the Court judges the defendant not guilty, clearly identify liabilities of leadership, Prosecutors and other persons involved.
For more details, please read the Guideline No. 32/HD-VKSTC issued on September 13, 2019.
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