The principle of double criminality in the 2001 Budapest Convention on cybercrime and implications for Vietnamese law

Abstract

The principle of double criminality in international criminal cooperation requires that the conduct subject to a request for action must constitute a criminal offence under the laws of both involved States. This article examines the application of this principle in the 2001 Budapest Convention on Cybercrime, its historical context, and its role in extradition and mutual legal assistance. Thereby, the article offers recommendations including: Ensuring full domestic incorporation of cybercrime offences in accordance with international standards; amending regulations on extradition and mutual legal assistance; and establishing an effective 24/7 contact point to enhance cooperation. These measures aim to support Vietnam in fulfilling its international commitments and meeting practical enforcement needs.