Constitution

Lao People’s Democratic Republic 1991 Constitution (reviewed 2015)

Table of Contents

Chapter X. People’s Courts and Public Prosecutor

Article 90 (Amended)

The People’s Courts are judicial organs; only courts have the power to adjudicate [and] judge cases in the Lao People’s Democratic Republic.

The People’s Courts make decisions on first instance, appeal and cancelation.

Article 91 (Amended)

The People’s Courts of the Lao People’s Democratic Republic consist of the People’s Supreme Court, Local People’s Courts and Military Courts as provided by the laws.

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

Article 92 (Amended)

The People’s Supreme Court is the highest judicial organ of the Lao People’s Democratic Republic.

The People’s Supreme Court examines the decisions of the People’s Courts and the Military Courts.

Article 93 (Amended)

The Vice-President of the People’s Supreme Court is appointed or removed by the President of the State.

The National Assembly Standing Committee appoints, transfers and removes judges of the People’s Supreme Court, the president, vice-president and judges of the People’s Courts.

Article 94

The People’s Courts make decisions in panels.

In their adjudication, judges must be independent and strictly comply with the laws.

Article 95

Cases shall be conducted in open court proceedings except if otherwise provided by the laws.

Article 96 (New)

Litigants shall have the right to argue and debate at the court-room to participate in all stages of the case proceedings.

Accused persons shall have the right to defend the case raised against them, either by themselves or by their guardians or lawyers.

Lawyers have the right to provide legal assistance to the litigants and accused persons.

Article 97

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

Article 98 (Amended)

Decisions reached by the people’s courts, when final, must be respected by Party organizations, State organizations, the Lao Front for National Construction, mass organizations, social organizations, international organizations and all citizens.

The concerned individuals and organizations must strictly implement decisions.

Article 99 (Amended)

The Offices of the Public Prosecutors have the duty to monitor, inspect, respect and implement laws throughout the country, protect the rights of interests of the State, society [and] people, and file a claim in court as provided by the laws.

Article 100 (Amended)

The Office of the Public Prosecutor of the Lao People’s Democratic Republic consists of the Office of the Supreme Public Prosecutor, the Offices of the Local Public Prosecutor and the Office of the Military Prosecutor as provided by the laws.

Article 101 (New)

The Head of Office of the Supreme Public Prosecutor supervises the activities of the offices of the Public Prosecutor at all levels.

Article 102 (Amended)

The Deputy Head of Supreme Public Prosecutor is appointed or removed by the President of the State.

Heads of public prosecutors, deputy public prosecutors [and] public prosecutors are appointed, transferred or removed by the Head of Supreme Public Prosecutor.

Article 103

In carrying out [legal] proceedings, the public prosecutors are subject only to the laws and the instructions of the Head of Supreme Public Prosecutor.