The right of defendants to confront witnesses, hearsay evidence and cross-examination in criminal procedure

Abstract

Witnesses’ testimonies are essential evidences in criminal cases. The defendants’ right to confront and examine witnesses is crucial to the right to a fair trial, guaranteeing equality and justice in the rights and obligations of the prosecuting and defending parties in a criminal trial. The principles of excluding hearsay evidence and of cross-examination are legal institutions that ensure the credibility and truthfulness of testimonies used as the basis for solving criminal cases. Therefore, the article studies the abovementioned three legal mechanisms in other countries’ legislation and makes recommendations for applying and improving the provisions on examination, assessment, and utilisation of testimonies at criminal trials in Vietnam, with aims to meet the requirements of the judicial reform process, improve the quality of criminal case resolution, prevent injustice, eliminate crime, and ensure fundamental human rights.