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Official Gazette

Monday, September 24, 2018
Tags: presumption of innocence
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
Lawmakers prepare for NAs fifth meeting Lawmakers prepare for NA’s fifth meeting
The fifth session of the 14th National Assembly (NA) will open on May 21 and last 19 working days, making it the shortest session in the last decade, said NA General Secretary Nguyen Hanh Phuc at the 23rd meeting of the NA’s Standing Committee that took place in Hanoi from April 10-17.
New Criminal Procedure Code better protects juveniles New Criminal Procedure Code better protects juveniles
The 2015 Criminal Procedure Code contains many new provisions on the procedure applicable to persons aged under 18 years, serving as the ground for building a separate juvenile justice system that is humane, friendly, respectful and protective in Vietnam. Apart from these progressive points, the Code still has some shortcomings as pointed out by the author at the end of the article.
Ten progressive developments in the new Criminal Procedure Code Ten progressive developments in the new Criminal Procedure Code
Three Criminal Procedure Codes were promulgated in Vietnam in 1988, 2003 and 2015. The latest Criminal Procedure Code was designed to meet the judicial reform requirements set forth in the Communist Party of Vietnam Central Committee’s Resolution No. 49-NQ/TW dated June 2, 2005. Compared to the 2003 version, the Code contains 176 new articles and 317 amended articles, retains 17 articles and abolishes 26 articles. Significantly, it introduces many new contents of a modern criminal justice which Vietnam is striving to build.
Mechanism to implement the presumption of innocence principle under the new Criminal Procedure Code Mechanism to implement the presumption of innocence principle under the new Criminal Procedure Code
The 2013 Constitution reaffirms the presumption of innocence principle and at the same time provides a general mechanism for implementing the criminal procedure principles, including presumption of innocence. However, to be enforced, this principle should be specified by the criminal procedure law along with a uniform enforcement mechanism.
Principles of questioning and argument at first-instance criminal hearings Principles of questioning and argument at first-instance criminal hearings
Nguyen Ngoc Kien, LL.M Hue University The international law clearly defines the right to a fair trial as an essential condition for human rights protection in a civilized society. Article 14 of the 1996 International Covenant on Civil and Political Rights (ICCPR) and Article 10 of the 1948 Declaration of Human Rights both stipulate that everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law.
To better guarantee constitutionally enshrined human rights in criminal justice To better guarantee constitutionally enshrined human rights in criminal justice
This article gives an overview of prominent constitutional provisions on human rights and provides recommendations on revision of the Code in light of the new Constitution.
Salient points of the new law on courts Salient points of the new law on courts
The new Law on Organization of People’s Courts (the Law) was passed by the Vietnamese National Assembly on November 24, 2014, and will take effect on June 1, 2015.
Right to silence under hot debate Right to silence under hot debate
Most lawyers agreed the right to silence should be enforced to ensure human rights and prevent torture which might lead to unjust punishment for detainees and defendants.

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