PROXIMITY BETWEEN WORLD CRIMINAL PROCEDURE MODELS AND VIETNAM`S MODERN CRIMINAL PROCEDURE MODEL

Main Article Content

HUYNH TRUNG TRUC, NGUYEN VINH HUNG

Abstract

The criminal procedure model is a high generalization of basic and common characteristics, reflecting the way of organizing criminal proceedings and the way of finding the objective truth of the case, thereby deciding the procedural status of the subjects of the procedure, the nature of the relationship between the subjects of the procedure and the order and processes of resolving criminal cases. The history of world criminal procedure has recorded the existence and development of two main criminal procedure models: the adversarial criminal procedure model and the inquisitorial criminal procedure model. Both of these criminal procedure models aim to find the truth of the case, but the fundamental difference between the two models is the way to find the truth of the case. Vietnam is a country following the socialist legal tradition, originating from the civil law system. Basically, the criminal procedure model in Vietnam is still the inquisitorial criminal procedure model but has absorbed many progressive and positive elements of the adversarial criminal procedure model, which are appropriate with the specific historical, political, economic, social and legal conditions of Vietnam.

Article Details

Section
Articles

References

Alan B. Morrison (2007), “Fundamentals of American Law”, Oxford University Press.

Brady v. United States, 397 U.S. 742 (1970), [https://supreme.justia.com/cases/federal/us/397/742/]

Black's Law Dictionary, 6th ed. (St. Paul, MN: West, 1990), p. 1152.

Byung-Sun Cho (2012), "Japanese criminal procedure model", Proceedings: Vietnam Criminal Procedure Model Project, Supreme People's Procuracy, Hanoi.

Dao Tri Uc (2013), “Overview of the Vietnamese criminal procedure model”, Workshop on Criminal Procedure Law, Supreme People's Procuracy, Hanoi.

David Turns (2003), “Certain Criminal Proceedings in France (Republic of the Congo v France)”, The International and Comparative Law Quarterly, Vol. 53, No. 3 (Jul, 2004), p. 747-752.

Edward.A.Tomlinson (1983), “Comparative criminal justice issues in the united states, west Germany, England and France: Nonadversarial justice: the French experience”, 42 Maryland shool of law review, p.131-165.

Elisabeth Pelsez (2002), "Adversarial proceedings and interrogatory proceedings", Conference Proceedings: Some contents on the principles of interrogatory and adversarial proceedings - French experience in selection and compensation Nurturing, appointing and managing judges, Vietnam - France Law House, Hanoi.

Fabi Marco (2012), "Italian Criminal Procedure Model", Proceedings: Criminal Procedure Model Project, Supreme People's Procuracy, Hanoi.

Hebert L.Packer (1968), “The Limit of the Criminal Sanction”, Stanford University Psess, p.163-164.

Irving R. Kaufman, “Criminal Procedure in England and the United States: Comparisons in Initiating Prosecutions”, 49 Fordham L. Rev. 26 (1980).

Institute of Procuracy Science (2008), “Comparative criminal procedure”, (author: Richard Vogle - Translation reference), Hanoi, p.6.

Institute of Procuracy Science (2010), “On criminal procedure models”, (by E.B. Mizulina, Journal of Jurisprudence (Russia) - Reference translation), Hanoi.

Institute of Procuracy Science (2013), “Criminal Procedure Code of the Russian Federation”, (Translated reference document), Hanoi.

James Diehm, “The introduction of jury trials and adversarial elements into the former Soviet Union and other inquisitorial countries”, 11 J. Transnat'l L. and Pol'y 1 2001-2002, p.151-152.

John Hatchard, Barbara Huber and Richard Vogler (1996), “Comparative criminal procedure”, B.I.I.C.L published, London.

Jean Philippe Rivaud (2012), "Judicial system of the French Republic", Proceedings: Project on Vietnam Criminal Procedure Model, Supreme People's Procuracy, Hanoi.

Le Van Cam (2011), "Improving the principles of litigation in Vietnam's criminal procedure law in the spirit of judicial reform", Procuracy Magazine No. 6/2011.

Luong Thi My Quynh (2011), "Characteristics of the interrogation procedure model and recommendations to improve the Vietnamese criminal procedure model", Scientific conference: Project on the Vietnamese criminal procedure model , Supreme People's Procuracy, Hanoi.

Le Huu The, Nguyen Thi Thuy (2010), “Perfecting the Vietnamese criminal procedure model according to judicial reform requirements”, Journal of Legislative Studies No. 18 (179), September 2010.

Mirjan Damaska, “Evidentiary Barriers to Conviction and Two Models of Criminal Procedure: A Comparative Study,” University of Pennsylvania Law Review, Vol.121 (3), 1973, p.517.

Ministry of Justice (1999), Comparative Criminal Justice Topic, Hanoi.

Nguyen Manh Khang (2012), "Characteristics of the interrogation criminal procedure model and directions for perfecting the criminal procedure model in our country", Proceedings: Vietnamese criminal procedure model project Nam, Supreme People's Procuracy, Hanoi.

Nguyen Ngoc Chi (2011), "Characteristics of the adversarial criminal procedure model and directions for perfecting Vietnamese criminal proceedings", Proceedings of the topic: Building a Criminal Procedure Code, Institute Supreme People's Procuracy, Hanoi.

Nguyen Thai Phuc (2007), "Vietnam's criminal procedure model - Theoretical and practical issues", Procuracy Magazine No. 18/2007.

Nguyen Thai Phuc (2012), "Some theoretical issues about the criminal procedure model", Proceedings: Project on Vietnam Criminal Procedure Model, Supreme People's Procuracy, Hanoi.

Nguyen Thi Thuy (2014), Doctoral thesis Vietnamese criminal procedure model and the issue of applying adversarial proceedings, Faculty of Law, Hanoi National University, p. 65-67, 79

Richard S.Shine (2009), "Organizational model and functions and tasks of the US prosecutor's office, compared with the Russian Federation", Conference Proceedings: Organizational model of the Procuracy in the police Judicial reform in Vietnam, Supreme People's Procuracy, Hanoi.

Robert M. Bloom and David H. Fentin, “A More Majestic Conception: the Importance of Judicial Integrity in Preserving the Exclusionary Rule," University of Pennsylvania Journal of Constitutional Law 13, no.1 (2010): 47.

Robert Strang (2008), "More adversarial, but not completely adversarial": Reformasi of the Indonesian criminal procedure code, 32 Fodham Int’l L.R. 188, at 193, p.188-193.

Roberta. K. Flowers, An unholy alliance: The exparte relationship between the judge and the prosecutor, 79 Nebraska Law Review 2000, p.251-264.

Stephan Landsman, A brief survey of the development of the adversary system, 44 Ohio State Law Review 1983, p.713-714.

Vietnam Constitution 2013.

Vietnam Criminal Procedure Code 1988.

Vietnam Criminal Procedure Code 2003.

Vietnam Criminal Procedure Code 2015.

Vietnam - France Legal House (2002), Some contents on interrogation procedures and litigation procedures, France's experience in selecting, applying in selecting, training, appointing, and managing Judge, Proceedings of scientific conference, Hanoi.

Vo Minh Ky (2020), Litigation elements in Vietnam's traditional interrogation procedural model, Legislative Research Journal No. 07 (407), April 2020.