Case 1 trial has 2 verdicts in Binh Duong province

Recently, the competent authorities have joined to clarify in situation that in one case but there are two first-instance judgments with different judgments in Binh Duong related to Judge Nguyen Tu Minh Toan (People's Court of Thuan An City, Binh Duong, Judge Toan has passed away). Accordingly, the civil case accepted on 3-12-2019 regarding the dispute between the plaintiff Nguyen Thi Ngoc and the defendant VHS (deceased in 2018, the heirs with procedural obligations are Mr. S's wife and two children) has two judgments with different numbers, different trial dates, different in terms of judgment content. The Judgment Enforcement Agency (THA) has issued a decision on THA but received an official letter requesting the suspension of THA from the People's Court of Thuan An City on the grounds that the procedural procedures have not been secured, the judgment has not been duly served to the involved parties in the case, so that they can exercise their right to appeal as prescribed.

Related to this case, Lawyer Nguyen Quoc Cuong said that in order to confirm whether there is anyone involved in addition to Judge Toan, it is necessary to go through the process of verification, investigation as well as reviewing the entire objective matter. For example, consider whether the person who performs the service of the document has forged the service result or not... The competent authorities need to clarify whether the cause of this violation comes from the individual judge or from the lack of responsibility in the management of court leaders and procurators at the same level when performing the role of procurator...

It should have been seen that it is not easy to determine what is a fake judgment, what is a real judgment, a false judgment... If there are indeed many cases with violations, the court needs to classify, depending on the cases, have an appropriate handling in order to thoroughly overcome the consequences, ensure the legitimate rights and interests of the involved parties. In case of necessity, the competent individual will consider appealing to cassation or reopening for an objective, comprehensive and lawful settlement.

In addition, in this case, beyond the responsibility of the judge assigned to accept and settle the case (but this judge has passed away, so there will be no prosecution), there may also be the responsibility of other related individuals.

Regarding the responsibility of the court, based on Article 3 of Decision 120/2017 of the Chief Justice of the Supreme People's Court on handling the responsibility of judicial title holders in the Supreme People's Court, the principle is to handle in a timely, objective, fair and strict manner, handle each violation with a corresponding penalty...

Regarding the responsibilities of the procurators of the same level, in case the procurators of the same level commit violations in supervising the observance of the court's civil procedure law, both the stage of preparation for trial and the stage of first-instance trial related to the issue of serving summonses to the involved parties, serving judgments, collecting evidence and other matters as prescribed in Article 21 of the CCP 2015, the prosecutor will also be considered and handled. This handling is based on the provisions of Article 18 of the Regulation on disciplinary actions in the people's procuracy promulgated together with Decision 183/QD-VKSTC-T1 dated 4-4-2016 of the Chairman of the Supreme People's Procuratorate.