Vietnam’s criminal procedure law on cassation in Vietnam from 1864 to 1945

Abstract

The article analyzes the history and several issues of Vietnam's criminal procedure law on cassation in nearly100 years (1864-1945). The fact that the French criminal procedure lawon cassation was accepted and directly applied and their influences on Vietnamese legislation reflects the imposition of a powerful tool of the French to rule over Vietnamese people. However, with the view of considering it as a typical cassation model of the civil law tradition, Vietnam’s criminal procedure law includes a lot of modern provisions uphold in substantive French criminal procedure law. Due to historical circumstances, the Vietnam's criminal procedure lawon cassation after 1954 in the North and after 1975 across the country is no longer directly and strongly impacted by the French criminal procedure law, but those legal values need to be further studied, in order to find appropriate solutions for the improvement of the criminal procedure law on cassation in Vietnam.