ACADEMY
VIETNAMESE SOCIAL SCIENCES
Academy of Social Sciences
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Practical Application of Criminal Procedure Law Regulations on the Rights of the Accused During the Prosecution and Investigation Stages From the Practice of Binh Duong Province
LE VAN PHUONG
LEGAL STATUS OF THE ACCUSED PERSON UNDER VIETNAMESE CRIMINAL PROCEDURE LAW FROM THE PRACTICE OF QUANG NAM PROVINCE
Major: Criminal Law and Criminal Procedure Code: 60 38 01 04
MASTER'S THESIS IN LAW
SCIENCE GUIDE
Assoc.Prof.Dr. PHUNG THE VAC
HANOI, 2017
ACKNOWLEDGEMENTS
To complete my course and Master's thesis, first of all, I would like to express my sincere thanks to the Board of Directors, faculties, departments, and teachers of the Academy of Social Sciences for enthusiastically imparting valuable knowledge to me during my study and completion of my Master's thesis.
I would like to sincerely thank Associate Professor, Dr. Phung The Vac - Teacher who directly guided me scientifically and wholeheartedly to help me complete this thesis.
COMMITMENT
I hereby declare that this is my own research work. The data presented in the thesis are completely honest and have clear sources. The research results of the thesis do not overlap with any published work.
Thesis author
Le Van Phuong
INDEX
INTRODUCTION 1
Chapter 1. THEORETICAL AND LEGAL ISSUES ON THE LEGAL STATUS OF THE ACCUSED PERSON UNDER VIETNAMESE CRIMINAL PROCEDURE LAW 8
1.1. Theoretical issues on the legal status of the accused under Vietnamese criminal procedure law 8
1.2. Legal status of the accused under the criminal procedure law of some countries in the world 16
1.3. Provisions of criminal procedure law on the legal status of the accused 19
Chapter 2. PRACTICAL APPLICATION OF CRIMINAL PROCEDURE LAW REGULATIONS ON THE STATUS OF ACCUSED PERSONS IN QUANG NAM PROVINCE AND DIFFICULTIES AND PROBLEMS 44
2.1. Practical application of criminal procedure law provisions on the legal status of the accused in Quang Nam province 44
2.2. Difficulties and obstacles in the process of applying legal regulations 65
Chapter 3. SOME BASIC SOLUTIONS CONTRIBUTING TO IMPROVING THE QUALITY OF PROTECTING THE LEGAL STATUS OF ACCUSED PERSONS FROM THE PRACTICE OF QUANG NAM PROVINCE 71
3.1. Solutions to improve legal regulations 71
3.2. Solutions to improve awareness and professional capacity of competent persons in law enforcement related to 73
3.3. Strengthen the dissemination of criminal procedural law and strengthen the inspection and examination of the activities of prosecution agencies and prosecutors 76
CONCLUSION 78
REFERENCES APPENDIX
LIST OF ABBREVIATIONS
BLTTHS: Criminal Procedure Code Investigation Agency: Investigation Agency
Panel of Judges: Panel of Judges
TTHS: Criminal Procedure
TAND: People's Court
TTHS: Criminal Procedure
Supreme People's Procuracy: Supreme People's Procuracy
INTRODUCTION
1. Urgency of the topic
On December 10, 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights. The Declaration is considered a common standard for all peoples, countries, organizations and individuals to achieve, as well as used in assessing the respect and implementation of human rights. In the Declaration, the whole world unanimously emphasized that: All people are equal before the law and are equally protected by the law without any discrimination.
This emphasis is being made by countries all over the world. Vietnam is no exception to the countries that respect and protect human rights, always ensuring that everyone is equal before the law and protected by the law, without any discrimination.
In criminal procedure law, ensuring that participants in the proceedings are equal and protected by law is also respected and thoroughly implemented by Vietnam, especially those who are arrested, detained, accused, and defendants. Because, according to Marx: The State needs to see that the offender is a human being, a living cell of society, in that person there is a beating heart and flowing blood... a member of the collective performing the functions of society, a head of a family whose existence is sacred and finally the most important thing is a citizen of that country. Moreover, it must be affirmed that "They are not yet guilty", so the State's ensuring that they are equal before the law and protected by the law is extremely necessary.
However, the guarantee of rights does not mean that these people are separated from the obligations that they need to perform during the process of participating in the proceedings. All of these things together form an important institution in criminal proceedings: the institution of the legal status of the accused.
However, the legal status of the accused has not always been institutionalized in the Criminal Procedure Code specifically and fully as it is today. The birth of the Criminal Procedure Code in 1988, followed by the Criminal Procedure Code in 2003, has created relatively large changes in determining the status of the arrested, detained, accused, and defendant during the process of participating in criminal proceedings.
Saying so does not mean that the legal status of the accused in Vietnamese criminal proceedings is perfect. Because, in the process of implementing and applying the Code, many limitations have been revealed that affect the guarantee of the rights of the accused as well as the obligations they must perform. Therefore, the legal status of the accused in criminal proceedings has always been of interest to lawmakers, legal researchers, law enforcers and many citizens. The interest here is not only limited to the perspective of researching and amending the law but also the reflection of the law from the side of law enforcers and citizens.
Starting from the position of a legal researcher, a person working in the field of law application with more conditions to research, reflect and make recommendations, I chose the regulation "Legal status of the accused according to the law of criminal procedure" as the topic for my master's thesis in law - with the hope that it will contribute a small part to making the system more complete, more practical, meeting the requirements of the judicial reform of our State in the coming time.
2. Research status of the topic
The provision on “Legal status of the accused under criminal procedure law” is an important provision, closely and intimately related to many other provisions in criminal procedure law.
First of all, this provision is recorded in most of the Criminal Procedure Codes of countries in the world. In Vietnam, since the Criminal Procedure Code of 1988 was issued, it has also been recorded quite fully and has become a unified whole.
Because the accused are considered the main subjects in criminal proceedings. They are people whose legitimate rights and interests depend greatly on the compliance with the law by the agencies conducting the proceedings and the people conducting the proceedings. And in reality, these rights and interests are often violated, so there are many scientific works concerned with the issue of protecting these rights. Notably: the book Ensuring the right to defense of the accused (People's Police Publishing House, Hanoi, 1999) by Lawyer, Associate Professor, Dr. Pham Hong Hai; the book On ensuring the rights and legitimate interests of detainees, suspects, and defendants in criminal proceedings (National Political Publishing House, Hanoi, 2009) by Dr. Tran Quang Tiep; the book They are still not considered guilty (Phap Ly Publishing House, Hanoi, 1989) by Associate Professor, Dr. Vu Duc Khien and Pham Xuan Chien; PhD thesis in law "Implementing the right to defense of suspects and defendants in criminal proceedings" by Hoang Thi Son (Hanoi Law University, 2003); article Perfecting the provisions of the Criminal Procedure Code on the rights and obligations of suspects and defendants and the mechanism to ensure implementation (Journal of Legal Research, No. 5/2009) by Dr. Chu Thi Trang Van.
In addition, there are many aspects related to the rights of detainees, suspects, and defendants mentioned in books and other scientific works such as: the book "Protecting human rights in criminal law, criminal procedure law of Vietnam" (National Political Publishing House, Hanoi, 2003) by Dr. Tran Quang Tiep; the master's thesis on law "Improving the law to ensure human rights in criminal trials in our country today" by Hoang Hai Hung (Ho Chi Minh National Academy of Politics, 2000).
In addition, the issue of the legal status of the accused is also mentioned at different levels in the works of a number of other authors such as: 1) The principle of ensuring the right to defense of the accused in criminal proceedings (People's Court magazine, No. 9/1992) by Associate Professor, Dr. Tran Van Do; 2) The principle of presumption of innocence in criminal proceedings: An overview from the perspective of human history (People's Court magazine, No. 7/2009) by author Nguyen Thanh Long; 3) Solutions to prevent and combat