Adversarial process under the 2015 Criminal procedure code and solutions for improvement
Keywords:
Criminal Procedure Code; adversarial process; principle; adjudication; criminal procedure model
Abstract
The paper offers viewpoints on the criminal procedure model of Vietnam in which adversarial process has been recognised for the first time as a pricinple of the criminal procedure law. It clarifies the principle of “ assuarance of adversarial process in adjudication” and assesses the manifestation of this principle in the 2015 Criminal Procedure Code. The paper then points out the limitations of the Code in this regard and suggests solutions for improvement in order to properly define the regulatory scope of the principle, duties and powers of judges as well as powers of courts to collect and supplement evidence to ensure the implementation of the principle of adversarial process in criminal proceedings.
điểm /
đánh giá
Published
2020-11-12
Issue
Section
RESEARCH - EXCHANGE OF OPINIONS