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Ensuring human rights of the accused under the Criminal Procedure Law of Vietnam from the practice of the Military Court of Military Region 5 - 1


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Ensuring human rights of the accused under the Criminal Procedure Law of Vietnam from the practice of the Military Court of Military Region 5 - 1

NGUYEN VAN HUY


ENSURING HUMAN RIGHTS OF PERSONS ACCUSED OF CRIMES ACCORDING TO THE LAW

CRIMINAL PROCEDURE IN VIETNAM FROM THE PRACTICE OF THE MILITARY COURT OF MILITARY REGION 5

Major: Criminal Law and Criminal Procedure Code: 60.38.01.04


MASTER'S THESIS IN LAW


SCIENTIFIC INSTRUCTOR: ASSOCIATE PROFESSOR. DR. TRAN VAN DO


HANOI, 2017


COMMITMENT


I certify that this is my own research work.

The data and results presented in the thesis are honest and have never been published in any other work.


Author


Nguyen Van Huy


INDEX

INTRODUCTION 1

CHAPTER 1. THEORY OF ENSURE HUMAN RIGHTS OF PEOPLE

CHARGED UNDER CRIMINAL PROCEDURE LAW 9

1.1. Theory of human rights and human rights of the accused under criminal procedure law 9

1.2. Theory on ensuring human rights of the accused according to criminal procedure law 15

1.3. International law on ensuring human rights of accused persons 27

CHAPTER 2. REGULATIONS ON ENSURE HUMAN RIGHTS OF PEOPLE

CHARGED UNDER VIETNAMESE CRIMINAL PROCEDURE LAW 31

2.1. Overview of the history of Vietnamese criminal procedural law on ensuring human rights of the accused 31

2.2. Provisions of the 2003 Criminal Procedure Code on ensuring human rights of the accused 35

CHAPTER 3. PRACTICE AND SOME SOLUTIONS TO STRENGTHEN THE GUARANTEE OF HUMAN RIGHTS OF PERSONS ACCUSED OF CRIMINAL PROCEDURES

VIETNAMESE CRIMINAL PROCEDURE LAW 47

3.1. Practice of ensuring human rights of accused persons in criminal proceedings in Military Region 5 47

3.2. Solutions to strengthen the guarantee of human rights of accused persons under Vietnamese criminal procedure law 62

CONCLUSION 79

LIST OF REFERENCES


LIST OF ABBREVIATIONS


Criminal Code Criminal Code Criminal Procedure Code Investigation Agency Investigation Agency

Investigator

Trial panel

United Nations United Nations

QCN Human Rights

People's Court People's Court Supreme People's Court Supreme People's Court Conducting proceedings

TTHS Criminal Procedure People's Procuracy People's Procuracy

INTRODUCTION


1. Urgency of the topic

Protecting human rights is one of the important legal responsibilities of the State. In the trend of international integration, protecting human rights is not only the State's obligation to the people but also the obligation of a nation before the international community. Vietnam is one of the member states of international conventions on human rights and is also a state of the people, by the people, for the people, so protecting human rights has become a particularly important political and legal task of state agencies. Legally, human rights in our country have had the conditions to be implemented and have been increasingly developed since the founding of the Democratic Republic of Vietnam. Since then, our State has promulgated many legal documents such as the Constitution, laws and many other regulations to contribute to the protection of human rights, making this institution increasingly perfect according to the development process of the Vietnamese revolution.

The Socialist Rule of Law State is a state in which all its activities must aim to ensure that human rights are respected and fully implemented in social life. Therefore, in the Party's viewpoints on the strategy of building a Socialist Rule of Law State, it is affirmed that: Ensuring human rights is the highest goal of the organization of state power. In the Platform for national construction during the transition period to socialism in 1991, the Party affirmed the basic viewpoint for building the country is to aim for a society "for the genuine interests and dignity of the people"; at the same time, it requires "the State to enact laws to define civil rights and human rights, rights go hand in hand with obligations and responsibilities" [10] .

The idea of ​​building a state that maximally protects human rights is also clearly reflected in the Party's orientations on reforming the State agency system in general, and reforming the judicial system in particular, such as: Resolution No. 08-NQ/TW dated January 2, 2002 of the Politburo "on a number of key tasks of judicial work in the coming time", Resolution No. 49-NQ/TW, dated June 2, 2005 of the Politburo on the Strategy for Judicial Reform.

Judicial reform strategy to 2020; especially the Platform for national construction during the transition period to socialism (Supplemented and developed in 2011) continues to affirm: The transition process to socialism must place "people at the center of the development strategy, and at the same time be the subject of development. Respect and protect human rights, link human rights with the rights and interests of the nation, the country and the people's right to mastery" [ 10] ; and requires "The State to respect and ensure human rights, civil rights; care for the happiness and free development of each person".

Over the years, the implementation and protection of human rights in Vietnam have achieved many achievements such as: the civil and political rights of all Vietnamese people have always been guaranteed, the enjoyment of these rights by the people has become increasingly comprehensive and complete; the economic, cultural and social rights of the people have been recognized in the Constitution and laws, clearly reflected in the Government's national development policies and implemented in practice, especially since Vietnam carried out the comprehensive national renovation; the rights of vulnerable groups have been fully internalized in the Constitution and legal documents corresponding to each specific group of subjects according to international legal standards that Vietnam has committed to participate in, such as: Children's rights, the right to non-discrimination based on gender, the rights of people with disabilities, the right to equality of ethnic minorities. Despite many achievements, the guarantee and protection of human rights in Vietnam today still faces many challenges that need to be resolved in the coming time, especially the issue of human rights protection.

The issue of protecting the human rights of the accused is still quite new in the awareness of citizens, as well as the organization and ensuring the full implementation of human rights in practice. This is a rather complicated issue that needs to be systematically and comprehensively studied in both theory and practice to contribute to ensuring human rights.

Based on such issues, within the framework of the master's thesis in law, choosing the topic " Ensuring human rights of the accused according to the Criminal Procedure Law of Vietnam from the practice of the Military Court of Military Region 5 " as the master's thesis topic is an issue of profound theoretical and practical significance.

2. Research status of the topic

Human rights and human rights assurance are fundamental issues, which are especially important to all countries in the world in the field of theoretical research as well as practical activities. In the history of human development, the values ​​of human rights and human rights assurance are always closely associated with the achievements that humanity has achieved, so the World Declaration on Human Rights adopted by the United Nations General Assembly in 1948 marked a bright milestone in the history of the development of the human rights market in human history. This is the basis for the theoretical and practical perfection of human rights assurance in the history of the development of the modern world in general and national regions in particular.

In our country, ensuring human rights in general and ensuring human rights in the People's Council in particular is an issue that has received much attention from the Party, the State and social scientists, especially in the period of renovation. In addition to the establishment of the Center for Human Rights Research under the Ho Chi Minh National Academy of Politics, there have been many scientific research works in this field.

From the perspective of research on ensuring human rights in general in a rule-of-law state, there are works such as " Human rights in the modern world " by former Director of the Center for Human Rights of the Ho Chi Minh National Academy of Politics, Prof. Dr. Hoang Van Hao and Pham Ich Khiem; The article "The Socialist Rule of Law State of Vietnam and the guarantee of human rights " by Dr. Tuong Duy Kien; The monograph " State power and human rights " by Associate Professor Dr. Dinh Van Mau; Works by Prof. Dr. Le Van Cam on " The Rule of Law State, on ensuring human rights in a rule-of-law State" ...

From the perspective of specialized law, the doctoral thesis in law " Ensuring human rights in judicial activities in Vietnam today " by Nguyen Huy Hoang; Articles by Prof. Dr. Le Van Cam " Theoretical issues on protecting human rights by law in the field of criminal justice "; National University-level scientific topic " Protecting human rights by criminal law and criminal procedure law in the period of building a rule-of-law state in Vietnam " co-chaired by Prof. Dr. Le Van Cam, Dr. Nguyen Ngoc Chi, Master Trinh Quoc Toan; Doctoral thesis " Protecting human rights

Human rights in criminal proceedings in Vietnam " by Nguyen Quang Hien; Monograph " Protecting human rights in criminal law, criminal procedure law in Vietnam " by Dr. Tran Quang Tiep; Report " Ensuring human rights in criminal proceedings in the conditions of building a socialist rule of law state in Vietnam " at the Workshop on Human rights in criminal proceedings (organized by the Supreme People's Procuracy and the Australian Human Rights Commission in March 2010) by Associate Professor Dr. Nguyen Thai Phuc; Author Hoang Hung Hai on the topic: " Improving the law to ensure human rights in criminal trials in our country" (Master's thesis in Law, 2000); Author Hoang Thi Son, " Implementing the right to defense of suspects and defendants in criminal proceedings ", Doctoral thesis in Law, Hanoi, 2003, Lai Van Trinh (2011), " Ensuring human rights of detainees, suspects and defendants in criminal proceedings in Vietnam" , Thesis Doctor of Law, Ho Chi Minh City, Ngo Thi Thanh, (2014), " Ensuring human rights in criminal trial activities" , Master's thesis in Law, Hanoi.

Regarding the field of activities to ensure human rights, including: Nguyen Van Tuan on the topic: "Participation of defense attorneys in the Court of First Instance according to Vietnamese law" (Doctoral thesis in Law, 1991); Author Dinh Xuan Nam on the topic " Criminal responsibility of minors" (Associate Doctoral thesis in Law, 1994); Author Duong Thi Thanh Mai on the topic: " Legal education through judicial activities in Vietnam (By practice of Courts and lawyers) (Associate Doctoral thesis in Law, 1995);

In these works, the authors have studied the concept and characteristics of the rule of law state in general, the socialist rule of law state in particular; studied the relationship between human rights and civil rights; studied the issue of ensuring human rights in the rule of law state; Other works have studied from the perspective of criminal proceedings. Due to the wide scope, the authors have only studied the contents briefly without going into a complete, comprehensive, and systematic study of criminal proceedings for different subjects. The human rights of the accused are studied relatively briefly. The scope of the study mainly comes from the analysis of the procedural rights and obligations of the participants in the proceedings without going into a deep study of other related institutions such as the principles of criminal proceedings, criminal procedures, and procedural enforcement measures related to human rights.

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