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Official Gazette

Saturday, January 23, 2021
Tags: the 2015 Criminal Procedure Code
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.
Overview of Vietnams law on wildlife conservation and protection Overview of Vietnam’s law on wildlife conservation and protection
The increase in human population and illegal wildlife hunting has led to a high risk of biodiversity loss and put many of the animals on the brink of extinction. Being fully aware of the seriousness of the situation, the Vietnamese Government has focused on improving the legal framework on wildlife conservation and protection. This article briefly introduces legal documents related to wildlife conservation and protection, analyzes shortcomings and limitations and puts forth some recommendations for improvement.
Vietnams juvenile justice as compared to common juvenile justice models around the world Vietnam’s juvenile justice as compared to common juvenile justice models around the world
This paper outlines the remarkable evolution of juvenile justice in Vietnam. It discusses the extent to which Vietnamese juvenile justice and related laws and policies have been shaped by identifiable ideologies and models of intervention. Moreover, the legal framework governing juvenile justice, mainly the 2016 Law on Children, the 2015 Penal Code, the 2015 Criminal Procedure Code and the 2010 Law on Execution of Criminal Judgments, is introduced to show the complex and scattered state of relevant legislation. The paper offers a short analysis of actors who perform the juvenile justice role or function and reveals a system without specialization or clear separation from the justice system for adult offenders. In addition to identifying emerging characteristics of the system, the author compares these with some typical juvenile justice models around the world, namely the welfare model, the justice model and the restorative model, and concludes that the Vietnamese model is a hybrid mixture of these three ones. Finally, the author makes some recommendations on shaping the juvenile justice system of Vietnam in conformity with international standards in order to meet access-to-justice needs of Vietnamese juvenile offenders.
How to improve effectiveness of mutual legal assistance in handling wildlife-related criminal cases How to improve effectiveness of mutual legal assistance in handling wildlife-related criminal cases
Mutual legal assistance in criminal matters is an effective channel to handle criminal cases involving overseas investigation and collection of documents and evidence. However, the result of mutual legal assistance on wildlife-related crimes remains below expectations mostly because of belated response to mutual legal assistance request. This article reviews the current situation of mutual legal assistance in handling wildlife-related criminal cases and puts forth some recommendations to improve the effectiveness of this work.
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.

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