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Official Gazette

Thursday, October 6, 2022
Tags: criminal procedure law
Securing the right to freedom from arbitrary arrest and detention under Vietnamese criminal procedure law Securing the right to freedom from arbitrary arrest and detention under Vietnamese criminal procedure law
As recommended by the International Human Rights Committee, member states should clearly specify the time limit for temporary holding in custody or detention of persons arrested in criminal proceedings. At the same time, when exercising the right to detain or arrest people for custody or temporary detention as preventive measures, competent agencies must secure the rights of the accused and defendants in accordance with law, including the right to have access to legal aid; right to be informed; and right to obtain court rulings on whether the custody or temporary detention is lawful or unlawful.
Protection of female victims under criminal procedure law Protection of female victims under criminal procedure law
This article analyzes the provisions on guarantee of rights and interests of female victims under the 2015 Criminal Procedure Code and proposes solutions for intensifying the protection of women as a vulnerable group in conformity with international law and legal conditions of Vietnam.
Keeping personal secrets of juveniles under Vietnams criminal procedure law Keeping personal secrets of juveniles under Vietnam’s criminal procedure law
Vietnam has set the goals of protecting and promoting the rights of the child in all domains of social life and translated relevant provisions of those conventions into its domestic laws. The 2013 Constitution contains provisions to best protect rights and interests of under-18 persons in all aspects of social life, including criminal proceedings. As the disclosure of information pertaining to privacy of under-18 persons may cause serious physical and mental consequences to them, the 2015 Criminal Procedure Code, revised in 2017, (the Code) and relevant sub-law documents all provide the keeping of secrets of under-18 persons in criminal proceedings. Below the author would like to take some insights into those provisions before making recommendations to improve the criminal procedure law and relevant laws regarding this issue.
Vietnams criminal procedure law on criminal cases involving foreigners: ambiguities and proposed solutions Vietnam’s criminal procedure law on criminal cases involving foreigners: ambiguities and proposed solutions
The principle of use of language in criminal proceedings is a fundamental one of Vietnam’s criminal procedure law. Accordingly, the language used in criminal proceedings is Vietnamese, both in writing and orally.
Exit postponement under Vietnams criminal procedure Law Exit postponement under Vietnam’s criminal procedure Law
As defined in the 2015 Criminal Procedure Code, exit postponement is a deterrent measure in criminal procedure that may be imposed on persons against whom denunciations or criminal case initiation proposals are made, the accused or defendants when there are sufficient valid grounds (to believe that they have committed an offense) in order to prevent them from leaving the country for a given period of time while their criminal case initiation, investigation, prosecution or trial are carried out.
Law on Exit and Entry of Vietnamese Citizens Law on Exit and Entry of Vietnamese Citizens
The Law on Exit and Entry of Vietnamese Citizens, which is the first of its kind in Vietnam, has institutionalized the 2013 Constitution regarding citizens’ right to free movement and residence within the country and their right to leave the country and return home from abroad.
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.
Redefining criminal policies against the backdrop of the fourth industrial revolution Redefining criminal policies against the backdrop of the fourth industrial revolution
The fourth industrial revolution has brought about numerous opportunities and posed great challenges[1] to the society in general and criminal justice in particular as there are numerous important fields directly and deeply impacted by this revolution[2]. This requires a fresh perception of criminal policies, including criminalization and decriminalization policies, as well as a new approach in the prevention and combat of newly emerging crimes, which must be based on the Party’s viewpoints and guidelines, the State’s overall socio-economic and international integration policies and regulations[3], historical-traditional conditions and crime prevention and combat practice. The globalization of criminal jurisdiction also requires the State to develop new criminal policies and reorganize the criminal justice system in order to clearly identify, effectively prevent, respond to and combat newly emerging crimes, particularly those against the national security and sovereignty, social order and safety, human and citizens’ rights.
Religious activities involving foreign elements under law on belief and religion Religious activities involving foreign elements under law on belief and religion
Many religious organizations, and dignitaries, religious officers, clergypersons and believers in religious organizations in Vietnam have, to different extents, relationships with overseas religious organizations and persons. This article analyzes some provisions of the Law on Belief and Religion and relevant documents regarding religious activities involving foreign elements.
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.

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