Mai Dac Bien

Vice Principal, Hanoi Procuratorate University, Vietnam.

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.

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

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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]

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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.

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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]

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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