(PLO)- Thinking that the suspension of the appellate trial of the People’s Court of Binh Dinh province in a case was groundless, the High-level People’s Procuracy in Da Nang issued a decision to appeal.
On July 18, a source of PLO confirmed that the High People’s Procuracy in Da Nang has just issued a decision to appeal against the decision to suspend the appellate trial of a case of the People’s Court of Binh Dinh province.
According to the file, Hoang Phat An Dinh Construction and Trading Company Limited (Hoang Phat An Dinh Company) sued, asking the court to force Hai Dang General Import-Export Co., Ltd (Hai Dang Company) to pay more than 4.5 billion VND of service contract.
The first-instance judgment of the People’s Court of An Nhon town (Binh Dinh) stated that the plaintiff’s entire petition was accepted. On August 18, 2022, the People’s Court of Binh Dinh province issued a decision to suspend the appellate trial of the above case. Therefore, the defendant has an application for cassation review of the decision of the People’s Court of Binh Dinh.
Reviewing the case file, the Senior People’s Procuracy in Da Nang said that the decision to suspend the appellate trial of the People’s Court of Binh Dinh province had seriously violated legal procedures and was against the law.
The decision to suspend shows that: The legal representative of the appellant (Hai Dang Company) is Mr. NTH who was duly summoned by the court for the second time but is still absent from the appellate court hearing and is not in the case because of the force majeure or objective obstacles.
However, according to the Senior People’s Procuracy in Da Nang, on August 12, 2022, the lawyer – the defender of the legitimate rights and interests of the defendant filed an application to postpone the second trial because on the same day he had to attend a court hearing. other. However, on August 18, 2022, the defendant and his lawyer were still present at the court and went to the judge and secretary to request to continue the appellate trial. However, the judge and clerk still announced the adjournment of the trial. The lawyer called to notify the procurator to handle this case.
The report of the prosecutor’s explanation shows: At about 9 a.m. on August 18, 2022, the defender of the legitimate rights and interests of the defendant called her to inform her of the judge’s adjournment of the trial. Before that, the court clerk also called her to inform the court to postpone the hearing of this case. Therefore, this prosecutor was not present in court.
The Senior People’s Procuracy in Da Nang commented: There is a basis to affirm that on August 18, 2022 the defendant (appellant) and the lawyer were present at the People’s Court of Binh Dinh province under the summons. In addition, the case file does not show the proceedings such as the minutes of the trial, the minutes of the deliberation (2nd time), without the opinion of the representative of the Procuracy participating in the appellate court session.
Therefore, the appellate court held that the defendant’s failure to appear at the court hearing on August 18, 2022 to suspend the appellate trial of the above case was groundless and illegal. This violates the principle of two-level trial as prescribed in the Civil Code, directly affecting the interests of the litigants in the case, which is Hai Dang Company.
In addition, the Senior People’s Procuracy in Da Nang also said that some judgments of the first-instance court were not objective.
From the above reasons, the High People’s Procuracy in Da Nang has decided to appeal against the decision to suspend the appellate trial of the People’s Court of Binh Dinh province.
The High People’s Procuracy in Da Nang proposed that the Judicial Committee of the High People’s Court in Da Nang conduct a trial in the direction of canceling the entire decision to suspend the appellate trial dated August 18, 2022 of the People’s Court of Binh Dinh province for a retrial according to the procedure. appellate procedure.
HUY TRUONG