Disposition of exhibits constituting mortgaged property in criminal proceedings: Legal perspectives and recommendations for improvement

Abstract

The disposition of exhibits that constitute mortgaged property in criminal cases has revealed numerous inadequacies in the practical application of Vietnamese law, particularly in determining the priority between the mortgagee’s secured rights and the State’s authority to confiscate assets into the public budget. This article examines the legal foundations governing such matters and proposes solutions to ensure fairness and procedural efficiency in the handling of mortgaged property used as exhibits in criminal proceedings.