The Russian Federation’s experiences for ensuring adversary in trial of criminal cases at first instance and suggestions for Vietnam

Abstract

Ensuring adversary in hearing cases is a fundamental principle of the procedural model not only of common law countries but also of almost all countries in the world. Criminal prodecure of the Russian Federation and that of Vietnam show many similarities. They both have fundamental factors of adversarial procedure and are also characterised by inquisitorial procedure. The paper discusses the Russian Federation’s experiences for ensuring adversary in trial of criminal cases at first instance and offers some proposals for improving the Criminal Procedure Code of Vietnam in regard to the determination of the scope of the court’s burden of proof, the determination of the orders of questioning by involved parties in the trial, questioning witnesses and some issues relating to trial at first instance.