Measures for evidence handling under Vietnamese criminal procedure law and recommendations

  • VU THI QUYEN
  • DINH VAN DOAN
  • NGUYEN HOANG YEN
Keywords: Evidence handling; return of evidence; sale of evidence; handover of evidence to specialised authorities; criminal procedure

Abstract

Evidence handling is an important issue in criminal proceedings. During a case, based on the nature and characteristics of the evidence and the facts of the cases, competent authorities decide on how to handle the evidence to ensure the legal interests of participants, relevant subjects, and the effectiveness of the proceedings. By using methods such as legislative analysis and case studies, this article analyses Vietnamese criminal procedure law on evidence handling measures and points out problems and difficulties related to their practical application. On that basis, the article makes a number of proposals for improving the relevant law. In addition to the need for guidance documents, the provisions on evidence handling measures of the 2015 Criminal Procedure Code also need to be amended to be more reasonable and consistent.

điểm /   đánh giá
Section
RESEARCH - EXCHANGE OF OPINIONS