Guidelines of the President of the Supreme People's Court on Transferring Criminal Case Files to the People's Procuratorates
最高人民法院院长关于向人民检察机关移送刑事案卷的指导意见
ຄຳແນະນຳ ຂອງປະທານສານປະຊາຊົນສູງສຸດ ກ່ຽວກັບ ການສົ່ງສຳນວນຄະດີອາຍາໄປອົງການໄອຍະການປະຊາຊົນ
Summary
The President of the Supreme People's Court of Laos issued guidance on inconsistency in statistics and registration of criminal case files returned to people's procuratorial organs under Articles 167 and 168 of the Criminal Procedure Law (2012 revision), clarifying that returned cases are considered closed by the court, and when re-filed, they are treated as new cases but must be noted as returned, effective from the date of signing.
Articles
Article 1
To: Presidents of all Trial Divisions of the Supreme People's Court, Presidents of People's Courts at all levels, and all Military Courts nationwide. Subject: Transfer of Criminal Case Files to the People's Procuratorate. Pursuant to the Law on the People's Courts (Revised 2009); pursuant to Resolution No. 97/ຄປຈ dated May 6, 2011, of the National Assembly Standing Committee on the Organization and Operation of the Supreme People's Court; pursuant to the resolution of the Judges' Assembly meeting dated September 6, 2016. In the past period, the transfer of criminal case files to the People's Procuratorate, particularly the return of case files under Articles 167 and 168 of the Criminal Procedure Law (Revised 2012), has resulted in incomplete statistical reports on criminal cases, and the statistical reports on criminal cases submitted to the People's Procuratorate have not yet been standardized. Therefore, to achieve uniformity and serve as a basis for organization and implementation, the President of the Supreme People's Court issues the following guiding opinions:
Article 2
In cases where criminal case files are returned to the People's Procuratorate pursuant to Articles 167 and 168 of the Criminal Procedure Code (2012 Revised Edition), it shall be deemed as the closure of the case by the court; however, when such case is returned again, it shall be deemed as a newly received case, provided that it is noted that the case was returned by the head of the Regional or Provincial/Capital People's Procuratorate, so as to indicate that the case is a returned case. Upon receipt of this Guidance, it is requested to promptly disseminate and publicize it to relevant personnel under your responsibility, in order to jointly and strictly implement this Guidance. This Guidance shall take effect from the date of its signing. President of the Supreme People's Court: Khamphan Sithadapha (original text "ຄາພັນ ສດທດາພາ", name as per original). Distribution: 1 copy to the Standing Committee of the National Assembly (for reporting); 1 copy to the Head of the Supreme People's Procuratorate (for acknowledgment); 1 copy to the Ministry of Justice (for acknowledgment); 1 copy each to local People's Courts (for acknowledgment and implementation); 1 copy each to Trial Divisions, Departments, Offices, and Research and Training Institutions (for implementation); 2 copies for archiving.
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