Criminal litigation in Vietnam is the process of adjudicating cases related to criminal offenses. Through the litigation process, involved parties, including the accused and the victims, participate to present evidence and protect their rights before the court. Here are some key points to consider regarding criminal litigation in Vietnam:
Litigation procedure: Criminal litigation in Vietnam follows a predefined procedure. This process includes stages such as initiation of prosecution, investigation, indictment, trial, and verdict. During this process, both the accused and the victims have the right to participate in the litigation by presenting evidence, exhibits, and arguments to persuade the court.
Principle of fairness: The legal system in Vietnam establishes the foundation of the principle of fairness in the litigation process. All parties have the right to be heard and to defend themselves, and the court must ensure that this right is exercised in a fair and public manner.
Rights of the accused: Criminal litigation in Vietnam safeguards the rights of the accused. The accused has the right to be informed of the charges and evidence against them, the right to propose evidence and arguments for their defense, and the right to cross-examine witnesses and other relevant parties.
Presumption of innocence: The principle of “presumption of innocence” holds that all accused individuals are considered innocent until proven guilty. This ensures the rights of the accused, and the burden of proof lies with the prosecution to establish the guilt. While this principle is enshrined in Vietnam’s legislation based on international commitments, its full implementation is still a work in progress.
Rights of the victims: Victims also have the right to participate in the litigation process. They have the right to be heard and questioned, the right to propose evidence and arguments to protect their interests. In some cases, victims can authorize lawyers or legal representatives to participate in the litigation.
Evidence and exhibits: The litigation process requires parties to provide evidence and exhibits to establish the charges and support their defense. Evidence must be lawfully collected, preserved, and comply with legal regulations.
Right to choose a lawyer: The accused has the right to choose a lawyer to represent them in the litigation process. Lawyers have the responsibility to protect the legal rights and interests of the accused, and they participate in researching and evaluating evidence.
Role of lawyers: In criminal litigation in Vietnam, lawyers play a crucial role in safeguarding the rights and interests of the accused and the victims. They provide legal advice, represent the accused or victims during the litigation process, and ensure that their rights are exercised in accordance with legal procedures.
Decisions and verdicts: After the litigation process, the court will make decisions and render verdicts based on the presented evidence and relevant laws. These decisions must adhere to judicial authority and have legal effect.
It’s important to note that criminal litigation in Vietnam faces some challenges, such as heavy case loads, lengthy trial periods, and insufficient evidence gathering, which may impact fairness and efficiency. To improve the litigation system, training and enhancing the professional capabilities of legal personnel, ensuring the independence and fairness of the courts, are also crucial factors to focus on.
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