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Official Gazette

Tuesday, December 18, 2018
Tags: 2015 Criminal Procedure Code
Evidence and sources of evidence under the Criminal Procedure Code Evidence and sources of evidence under the Criminal Procedure Code
In criminal procedure, evidence plays a particularly important role in all criminal proceedings, from investigation, prosecution to trial, serving as a tool to prove or identify facts and circumstances significant to the settlement of criminal cases. This article analyzes provisions on evidence and sources of evidence in Vietnam’s criminal procedure law.
Legal experts discuss presumption of innocence due process principles in criminal proceedings Legal experts discuss presumption of innocence, due process principles in criminal proceedings
The principle of presumption of innocence provided in the 2015 Criminal Procedure Code concretizes Article 31.1 of the 2013 Constitution and is vital in guaranteeing the human rights and citizens’ rights in criminal proceedings.
New Criminal Procedure Code better protects human rights New Criminal Procedure Code better protects human rights
Though promulgated in 2015, the new Criminal Procedure Code took effect on January 1, 2018, like the 2015 Penal Code (revised in 2017). This article browses specific changes in the Code designed to better protect human rights and citizens’ rights in criminal proceedings
IPR-related crimes under the Penal Code IPR-related crimes under the Penal Code
The Law Amending a Number of Articles of the 2015 Penal Code (the Code) tool effect on January 1, 2018. The new legal texts provide more drastic measures for IP rights holders and enforcement bodies to fight IP infringements in general and software piracy in particular.
New legal mechanism to boost fight against customs-related crimes New legal mechanism to boost fight against customs-related crimes
Some new laws concerning the fight against crimes in the customs sector will take effect next year. This article introduces the provisions of these laws, highlighting the competence and duties of customs authorities.
Improving the legal system is lawyers own need Improving the legal system is lawyers’ own need
On the occasion of the 72nd anniversary of the Traditional Day of Vietnamese lawyers (October 10, 1945-2017), lawyer Phan Trung Hoai, Vice President of the Vietnam Bar Association, shared his opinion on this issue with Phap Luat Thanh Pho Ho Chi Minh (Ho Chi Minh City Law newspaper).
Decree No. 66/2017/ND-CP Decree No. 66/2017/ND-CP
Prescribing the conditions for doing business in camouflaged sound recording, video recording and positioning devices and software
Glossary of the 2015 Criminal Procedure Code Glossary of the 2015 Criminal Procedure Code
Official Gazette issues Nos 1-7 September 2016 coming out on December 5 2016 Official Gazette issues Nos 1-7 September 2016, coming out on December 5, 2016
How bail is granted under the new Criminal Procedure Code How bail is granted under the new Criminal Procedure Code
As a deterrent measure of high applicability, bail was provided very early in Vietnam’s criminal procedure law (Article 75 of the 1988 Criminal Procedure Code and Article 92 of the 2003 Criminal Procedure Code). However, in practice it has been rarely applied partly due to lack of specific provisions to guide, for example, which types of offense for which offenders may be released on bail in replacement of being detained. In other words, its application is at the discretion of investigating bodies, procuracies and courts. Bail has been denied even for many accused persons and defendants with good pesonal backgrounds, having no criminal records or committing an offense for the first time, having clear addresses of residence, sincerely giving statements, showing repentance or being aged or seriously ill or disabled.

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