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Start From 28/02/2011

Chapter lX The Judicial Organs

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Article 79. (New) The people's courts constitute the judicial branch of the State and consist of:

?         The People's Supreme Court;

?         The appellate courts;

?         The people's provincial courts and city courts;

?         The people?s district courts; [and]

?         The military courts.[1]

In the event that it is deemed necessary, the National Assembly Standing Committee may decide to establish a special court.

Article 80. (New) The People's Supreme Court is the highest judicial organ of the State.

The People's Supreme Court administers the people's courts at all levels and the military courts, and examines and reviews the decisions reached by them.



Article 81. (New) The Vice-President of the People's Supreme Court is appointed or removed by the President of the State based on the recommendation of the President of the People's Supreme Court.

The National Assembly Standing Committee appoints, transfers and removes [the following judicial positions] based on the recommendation of the President of the People's Supreme Court: judges of the People's Supreme Court; the president, vice-president and judges of appellate courts, provincial courts, city courts and district courts; [and] the heads, deputy heads and judges of the military courts.[2]

Article 82. The people's courts make decisions in panels. In their adjudication, judges must be independent and strictly comply with the laws.

Article 83. Cases shall be conducted in open court proceedings except if otherwise provided by the laws.  Defendants have the right to defend themselves. Lawyers have the right to provide legal assistance to the defendants.

Article 84. Representatives of social organisations have the right to take part in court proceedings as provided by the laws.

Article 85. (New) Decisions reached by the people's courts, when final, must be respected by Party organisations, State organisations, the Lao Front for National Construction, mass organisations, social organisations and all citizens, and must be implemented by the concerned individuals and organisations.

Article 86. (New) The Office of the Public Prosecutor has the duty to monitor the implementation of the laws.  The Office of the Public Prosecutor consists of:

?         The Office of the Supreme Public Prosecutor;

?         The Office of the Appellate Public Prosecutor;

?         The offices of the Public Prosecutor at provincial and city levels;

?         The offices of the Public Prosecutor at district level; [and]

?         The Office of the Military Prosecutor.

The Office of the Public Prosecutor has the following rights and duties:

1.   To monitor the correct and uniform implementation of laws and regulations by all ministries, ministry-equivalent organisations, organisations attached to the government, the Lao Front for National Construction, mass organisations, social organisations, local administrations, enterprises, civil servants and citizens; [and]

2.   To exercise the right of public prosecution.

Article 87. (New) The Office of the Supreme Public Prosecutor supervises the activities of the offices of the Public Prosecutor at all levels.

The Deputy Supreme Public Prosecutor is appointed or removed by the President of the State based on the recommendation of the Supreme Public Prosecutor.

Public prosecutors and deputy public prosecutors at the appellate level, provincial level, city level and district level, and military prosecutors, are appointed, transferred or removed by the Supreme Public Prosecutor.

Article 88. (New) In carrying out their duties, the public prosecutors are subject only to the laws and the instructions of the Supreme Public Prosecutor.



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[1] Readers may wish to refer to the Law on People?s Court for more information on the jurisdictions and functions of these courts.



[2] For readability, the structure of this sentence has been modified.

 



ການເລືອກຕັ້ງ ສສຊ ຊຸດທີVII


ການເລືອກຕັ້ງ ສສຊ ຊຸດທີ VIII

 

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