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Official Gazette

Friday, June 5, 2020
Tags: 2015 Criminal Procedure Code
Bringing Vietnams criminal justice system in harmony with the convention against torture Bringing Vietnam’s criminal justice system in harmony with the convention against torture
The 1984 United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT), one of the nine fundamental conventions on human rights, came into force on June 26, 1987, after being ratified by 20 member states[1]. Vietnam acceded to the UNCAT on November 7, 2013, and ratified it a year later. As a member state to the UNCAT, Vietnam has spared no efforts to build its legal system, particularly criminal justice laws including the Penal Code, Criminal Procedure Code, Law on Custody and Temporary Detention, Law on Execution of Criminal Judgments, Law on Organization of Criminal Investigation, etc., in conformity with the UNCAT.
Constitutional provisions on human rights in criminal proceedings should be further concretized Constitutional provisions on human rights in criminal proceedings should be further concretized
Vietnam’s 2013 Constitution (the Constitution) provides for the first time human rights and citizens’ rights in Chapter II with significant progress in the recognition and exercise of these rights as well as specific cases where these rights may be limited.
First-instance jurisdiction to try commercial legal persons in Vietnam First-instance jurisdiction to try commercial legal persons in Vietnam
First-instance jurisdiction to hear criminal cases where defendants are commercial legal persons is determined by the reason of the matter involved, the person concerned or the place. This article analyses the 2015 Criminal Procedure Code’s provisions on the penal liability examination procedures and first-instance jurisdiction to try commercial legal persons and propose revisions to Vietnam’s current criminal procedure law in this regard.
Legal aid in Vietnams criminal justice Legal aid in Vietnam’s criminal justice
Under the 2017 Law on Legal Aid, legal aid is defined as the provision of pro-bono legal services to legal aid beneficiaries in legal aid cases or matters, contributing to guaranteeing citizens’ right of access to justice and equality before law. As compared to the 2006 Law on Legal Aid, this provision no longer mentions objectives of legal aid activities such as improving legal knowledge and sense of law observance and contributing to law dissemination and popularization and violation prevention and control. This aims at shifting focus on helping beneficiaries in legal proceedings, securing justice and more effectively protecting their lawful rights and interests.
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).

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