Having attended several court hearings, I noticed that the composition of the Trial Panel varies; some panels consist of three members, while others have up to five.
Could you please explain why there is a difference in the number of Trial Panel members across different hearings?
If I believe that my case requires a larger panel for a proper trial, can I submit a request to increase the number of members? Also, am I permitted to choose the judge who will preside over my case?
Thank you.
Reader Tung Giang
Legal Advice:
"Proceedings" refer to the entire set of legal sequences and procedures prescribed by law, through which competent State agencies (such as Courts, Procuracies, and Investigative Agencies) collaborate with participants in the proceedings to resolve and handle cases.
Regarding the adjudication model, Vietnamese procedural law (covering criminal, civil, and administrative matters) operates on a two-tier system comprising first-instance and appellate stages. When a first-instance judgment or decision is subject to an appeal or protest, it must be retried by a higher-level court under appellate procedures.
Regarding the rights of Trial Panel members (judges and people's assessors), the law stipulates that when voting on the resolution of a case, people's assessors hold equal status with judges, and decisions are made based on a majority vote.
Why does the number of members on the Trial Panel vary between cases?
For first-instance trials, the Trial Panel consists of one judge (seated in the center, acting as the presiding judge and wearing judicial robes) and two people's assessors (seated on either side and wearing business attire).
For trials conducted under simplified procedures (applicable to straightforward cases with clear facts), the Trial Panel consists of a single judge, with no participation from people's assessors.
In criminal cases, if the matter is serious or complex, the first-instance Trial Panel may comprise two judges and three people's assessors, totaling five members.
Specifically, for cases involving a defendant charged with an offense for which the maximum penalty prescribed by the Penal Code is life imprisonment or the death penalty, the first-instance Trial Panel consists of two judges and three people's assessors (Article 254 of the Criminal Procedure Code). For appellate trials (applicable to criminal, civil, and administrative cases alike), the trial panel consists solely of three judges, without the participation of people's assessors.
Appellate proceedings conducted under the simplified procedure are presided over by a single judge.
Procedural law does not grant litigants the right to select a judge or request a change in the number of members on the trial panel.
Therefore, such requests will not be accepted.