The right to silence in the prevention of torture, obtaining testimony by duress, corporal punishment in China - Experience for Vietnam

Abstract

Vietnam and China have many similarities in their legal system. In criminal justice, both countries have faced torture, obtaining testimony by duress, and corporal punishment during interrogation, thereby leading to wrongful convictions. To solve this problem, both Vietnam and China introduced the right to silence in the narrow sense - the right against self-incrimination - into the criminal justice system as one of the effective solutions. Therefore, it is necessary to study regulations on this issue in China to draw experiences to improve this regulation in Vietnam.