Detention measures in German criminal procedure and experiences for Vietnam

Abstract

German criminal procedural law belongs to the continental European legal system with the characteristics of a highly developed written form and a high level of systematization and codification. At the same time, Germany follows the inquisitorial criminal procedure model, similar to the Vietnamese criminal procedure model. As Germany joined the 1966 Convention on Civil and Political Rights and the European Convention on Human Rights very early, its provisions on detention measures aim to ensure human rights, which is also a general trend of the times. Therefore, in addition to internalizing international standards, Vietnam needs to learn and absorb foreign experiences to perfect our law on detention measures, especially importantly studying and learning from German criminal procedure. This article studies and clarifies the legal aspects of detention measures in German criminal procedure, thereby drawing lessons for Vietnam in legal reform and absorbing international experience in the modern era.