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Initiation, investigation, prosecution, and trial are activities regulated in the Criminal Procedure Code to ensure that court judgments and decisions are accurate, lawful, and just.
Understanding the 2015 Criminal Procedure Code, learn about Law 101/2015/QH13 on criminal procedure.
1. What is the Criminal Procedure Law?
2. The Latest Criminal Procedure Law.
3. Key New Points of the 2015 Criminal Procedure Code.
* Download the 2015 Criminal Procedure Law HERE
1. What is the Criminal Procedure Law?
- The Criminal Procedure Law (Criminal Procedure Law) is one of the 12 fundamental branches of law in Vietnam's legal system, encompassing legal provisions governing relationships in receiving, initiating, investigating, prosecuting, adjudicating, and enforcing criminal judgments.
- Sources of Criminal Procedure Law include: the Constitution, the 2015 Criminal Procedure Code, International Treaties, etc.
- Criminal Procedure Law and the Criminal Procedure Code are distinct; the former is a branch of law, while the latter is a legal document that serves as a source for Criminal Procedure Law.
The nature of criminal procedure law is akin to civil procedure law; both are procedural laws that govern the sequence and procedures of legal actions, but they regulate different scopes and subjects.
2. The Latest Criminal Procedure Code
- As of now, the 2015 Criminal Procedure Code is the most recent criminal procedure law in effect nationwide since July 1, 2016, replacing the 2003 Criminal Procedure Law.
- The structure of the Criminal Procedure Code is organized into 'parts - chapters - articles', corresponding to '9 - 36 - 510'. It omits 26 articles, amends 317, and introduces 154 new articles compared to the 2003 version.
- The scope of the Criminal Procedure Code includes:
+ The sequence and procedures for receiving, processing criminal information, initiating prosecutions, investigations, indictments, trials, and certain criminal execution procedures.
+ Responsibilities, authorities, and relationships among competent authorities conducting proceedings;
+ Responsibilities, authorities, and duties of those with procedural authority;
+ Rights and obligations of participants in proceedings, institutions, organizations, individuals;
+ International cooperation in criminal proceedings.
What does the 2015 Criminal Procedure Code Amendment 2021 regulate?
3. Key new features of the 2015 Criminal Procedure Code
With an addition of 154 articles and revisions to 317, the 2015 Criminal Procedure Code introduces many new aspects compared to the 2003 Code. However, within this article's scope, we'll highlight a few fundamental changes as follows:
- Introducing new principles to the Criminal Procedure Code, notably the presumption of innocence principle (no one is considered guilty until a court's verdict of guilt becomes legally effective).
- Investigators, Inspectors, and Examiners are recognized as procedural participants.
- The addition of the fisheries inspection agency as an entity assigned with certain investigative tasks.
- Expanded the role of participants in proceedings to include interpreters, asset appraisers, etc.
- Introduced Legal Aid Assistants to provide free legal defense for eligible aid recipients.
- Defendants facing severe penalties such as 20 years, life imprisonment, or the death penalty must have legal representation.
Furthermore, the Criminal Procedure Code has undergone numerous amendments and additions, specifically detailing the processes of initiation, investigation, prosecution, and trial to ensure the utmost compatibility with practical realities.
Criminal procedure law exists in nearly every country worldwide, aiming to establish an effective criminal justice process that thoroughly protects the state, individuals, and organizations in society.
For those interested in procedural law, additional readings on Administrative Procedure Law, Whistleblower Law, Complaint Law, etc., offer more insights.
