Basis for applying regulation on the Procutorate’s right to prosecute discretion in criminal proceedings in Vietnam

Abstract

Discretion prosecution is one of the prosecution agency’s powers, which is quite commonly applied in the world. Applying this right helps the prosecution agency practice the right to prosecute flexibly and protect legitimate interests in special cases. In Vietnam, the right to prosecute discretion has not been officially regulated for application, the Criminal Procedure Code still basically stipulates in the direction of mandatory prosecution. This article will study the basis for applying regulation on the right to prosecute discretion in criminal proceedings in Vietnam in the coming time.