ENSURE PRINCIPLES OF LITIGATION - PRACTICE APPLICATION
IN THE TRIAL OF CRIMINAL CASES
Authors: Nguyen Van Dung, Nguyen Văn Duc
Conference proceedings
: : 224
Publishing year: 11/2023
Litigation in criminal trial activities is a pillar principle, which is decisive in the outcome of criminal case resolution. Whether or not the accused person is convicted of one crime/many crimes and is subject to a level of punishment specified in the Penal Code (CrPC) depends on proving the crime through the results of litigation at the court. the court. Through criminal trials, the litigation agency (THTT) carries out the work of fighting and preventing crime, and at the same time implementing mechanisms to ensure human rights and citizens' rights. With that importance, the Party has issued many resolutions on judicial reform, focusing on the principle of litigation. The 2013 Constitution and the Criminal Procedure Code (CrPC) have institutionalized the Party's policy through the provision that "the principle of litigation in trial is guaranteed". However, in reality, the implementation of this principle still faces many obstacles from agencies, legal practitioners, and participants in legal proceedings.
Litigation principles; Criminal Procedure"; Right to defend.