Key element of Juridical procedural law and criminal law

Criminal Procedure of Laos

1. KEY ELEMENTS OF JUDICIAL ORGAN IN LAOS BY PHATHASAK MINGNAKHONE AT WINTER SCHOOL, 10-13 DEC 2024

2. TABLE OF CONTENT II. The Judicial Organization’s Role III. The Judicial System and Organizational Structure I. The Origin of Judicial Power IV. Independence of the Judicial organisation V. Key challenges

3. I. THE ORIGIN OF JUDICIAL POWER Principle of separation of powers 2. Election and removal of the President of the People's Court In the system of governance, the National Assembly is considered the highest organ of state power because the National Assembly is elected by the people (Article 52 of Con). The judiciary is one of the three organs of state power that are organizationally independent, and operate only under the constitution and law. Clause 9 of art. 53 of the Constitution, the National Assembly has the right to elect and dismiss the Chief Prosecutor and the President of the High People's Court (Head of the Supreme People's Court)

4. I. THE ORIGIN OF JUDICIAL POWER 4. Becoming a judge 3. Selection, appointment or removal of judges in international organ. The practice of the National Assembly electing and removing the president of the court may undermine the principle of judicial independence. Additionally, trials in such cases could influence the adjudication or resolution of matters involving politicians or influential individuals within the parliament. The selection, appointment or removal of judges within the court system is the prerogative of the President of the Supreme Court to be submitted to the Standing Committee of the National Assembly (Clause 6, Article 38 of the People's Court Code 2017).

5. II. THE JUDICIAL ORGANIZATION’S ROLE 2. The roles of the court Definition of judicial organ It plays a role in interpreting and applying the established laws and ensuring compliance with the basic principles of the Constitution and the law. Rights and Duties of the People's Court (Article 21 of the Law on the People's Court) The court has the right to hear and decide cases at the primary, appellate and final levels The Supreme People's Court plays a role in hearing cases at the final level, providing advice and reviewing the legal accuracy and uniformity throughout the country. Article 90 of constitution specifies the courts that have jurisdiction to hear and determine cases. It is an organization that hears and decides civil, criminal, commercial, and family cases. An organization that provides justice to individuals, legal entities, and society

6. III. THE JUDICIAL SYSTEM AND ORGANIZATIONAL STRUCTURE 1. Judicial system The Lao PDR judicial system was established in 1982. In the Lao PDR, there is only a judicial system, no administrative courts and no constitutional courts. The judicial system of the Lao PDR consists of the Supreme People's Court; local people's courts; provincial/municipal people's courts; regional people's courts and military courts (Art. 19 of the Constitution). Procedural level: consists of primary, appellate and final courts;

7. III. THE JUDICIAL SYSTEM AND ORGANIZATIONAL STRUCTURE 2. Juridical system General Assembly of Judges (Articles 52-53 of the Constitution). Council of Judges : Based on Article 32 of the Court Law 2017, the Council serves as a political forum for judges, limited to no more than 15 members, who are approved by the National Assembly. The Council is responsible for considering important court matters, including policies, appointing judges on several levels, the functioning of judges, law violations of judges, and the ethical conduct of judges during performing their duties. Judge Selection System : The selection process involves examinations, training, and competitions conducted by the National Judicial Institute, with the court itself also playing a role in the selection process.

8. IV. INDEPENDANCE OF THE JUDICIAL ORGANISATION Independence is a fundamental principle and an internationally recognized standard in countries governed by the rule of law and democracy. It is affirmed by international treaties, including the ICCPR and UDHR This requirement is recognized in Article 94 of the Constitution and Article 8 of the Law on Courts, which mandate that the People’s Court must adjudicate cases as a panel, operate independently, and adhere strictly to the law. Court proceedings must operate independently and remain free from interference by individuals or external organizations, ensuring fairness, justice, and transparency in the judicial process.

9. IV. INDEPENDANCE OF THE JUDICIAL ORGANISATION The Constitution affirms the independence of courts and judges, ensuring they operate autonomously and free from interference by individuals or state agencies, thereby allowing cases to be heard and decided solely based on the law. This principle is further reinforced in Article 19 of the Criminal Procedure Law and in the Civil Procedure Law. Guarantees of independence include provisions allowing the defendant to object and request a change of judge if there are valid reasons, such as the judge being a relative or having a personal interest in the case. In addition, it is also stipulated in the Code of Ethics and Conduct for Judges.

10. V. KEY CHALLENGES (Personal Perspective) Problems with mechanisms to ensure the independence of the courts when judges perform their duties. Some judges are under pressure from internal and external organizations when performing their duties (case study). Problems with capacity building: small required numbers of judges, expertise, personal income and Ensuring the security of the court during the hearing of cases such as drug cases, corruption cases. Restrictions on access to courts: limited in some remote area. Issues concerning the balance of power between the judiciary and the legislative and executive branches include instances where laws conflict with the constitution, the interpretation of laws is subject to broad discretion, or where courts must address unlawful state orders issued by executive bodies. In such cases, courts face limitations in their ability to review and render decisions.

11. Thank YOU Comments and Questions