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VOLUME 04 ISSUE 04 APRIL 2021

Presumption of Innocence – Application in Exercising Prosecution Rights, Supervising the Investigation and Adjudication of Criminal Cases under Vietnam Legal
Mai Dac Bien
Vice Principal, Hanoi Procuratorate University, Vietnam.
DOI : https://doi.org/10.47191/ijmra/v4-i4-06

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ABSTRACT:

The presumption of innocence is one of the fundamental principles, widely applied in modern legal science, as the basis for achieving fair and humane justice. This principle was formed very early in the history of the human law, in addition, the Vietnamese law has also absorbed the progressive thought early, recognized as one of the basic principles to ensure human rights and the overall effectiveness of criminal proceedings. The article analyzes the history, nature as well as the practice of applying this principle in the settlement of criminal cases in Vietnam according to the functions and duties of the People's Procuracy.

KEYWORDS

Presumption of innocence; Criminal Procedure; Exercising prosecution rights; Supervising the investigation and adjudication; Procuracy

JEL codes

K14

REFERENCES

1) Bien, M. D., & Luc, Q. D. (2020). Practice ensuring the principle of innocence in the first instance trial of criminal cases. Journal of Lawyers (Judicial Academy), 09, 42-47, 56. [Vietnamese]

2) Dao, L. A. (2020). Protection of human rights in international criminal law. Journal of Legislative Studies (Legislative Research Institute under the National Assembly Standing Committee), 7 (407), 3-12. [Vietnamese]

3) French National Assembly. (1789). Declaration of Human Rights and Civil Rights of the French Republic (Déclaration des droits de l'Homme et du citoyen) was passed by the French National Assembly on August 26, 1789.

4) French National Assembly. (1948). The Universal Declaration of Human Rights is a declaration of fundamental human rights adopted by the United Nations General Assembly on December 10, 1948 at the Palais de Chaillot in Paris, France.

5) Hanh, H. V. (2020). Regulations on ensuring the implementation of the principle of innocence in the 2015 Penal Procedure Code. Journal of Democracy and Law, 5, 48-54. [Vietnamese]

6) Mai, N. T., & Huong, V. T. (2020). Ensuring presumption of innocence principle when lawyers defend their clients in the first-instance hearing of criminal cases- reality and recommendation. Journal of the law profession, 10, 48-55. [Vietnamese]

7) National Assembly (2015). Vietnam Criminal Procedure Code 2015, No 101/2015/QH13, November 27, 2015. [Vietnamese]

8) Supreme People's Procuracy (2016). Directive No.09/CT-VKSTC, dated April 6th, 2016 of the Procurator General of the Supreme People's Procuracy on Strengthening measures to improve the quality of Procurator's litigation at the trial. [Vietnamese]

9) Supreme People's Procuracy (2019). Statistic report on the results of exercising the prosecution rights, supervising prosecution, investigation, prosecution and adjudication of criminal cases of the Supreme People's Procuracy from 2008 to 2018. [Vietnamese]

10) Supreme People's Procuracy (2020). Regulation on the exercise of prosecution rights, supervising prosecution, investigation and prosecution (Issued together with Decision No.111/ QD-VKSTC dated April 17th, 2020 of the Procurator General of the Supreme People's Procuracy. [Vietnamese]

11) The, L. H., & Huong. N. T. (2017). Constitution 2013's provisions on the rights of accused persons in criminal proceedings. The Journal of Procuracy (Supreme People's Procuracy, 18, 3-11. [Vietnamese]

12) The Supreme Soviet of the Soviet Union (1977). Adopted on October 7, 1977 at the 7th Session of the Supreme Soviet of the Soviet Union.

13) The Supreme Soviet of the Soviet Union (1993). Approved by referendum on December 12, 1993, Session of the Supreme Soviet of the Soviet Union.

14) Uc, D. T. (2017). Principle of presumption of innocence - an important constitutional principle in the Vietnam Criminal Procedure Code 2015. Journal of Procuracy (Supreme People's Procuracy), 02, 37-42. [Vietnamese]

VOLUME 04 ISSUE 04 APRIL 2021

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