The right to be presumed innocent and the right to remain silent in Vietnam: Theory and Challenges

Dat T. Bui*, PhD candidate at Law School, Macquarie University; Lecturer at Law School, Vietnam National University Hanoi

 *corresponding author’s email: buitiendat2001@yahoo.com

 

By affirming the right to be presumed innocent and the right to remain silent, the Vietnamese Criminal Proceedings Code 2015 has made a remarkable step towards values of fair trial rights prescribed in international human rights instruments. However, there is still much debate about the understanding and the implementation of those rights. This paper first argues that one of the reasons causing violations on the the right to be presumed innocent is an incorrect translation of the term “presumption”, leading to misunderstanding of the nature of the right. Second, the paper suggests a moderate model of the right to remain silent, which is a trend in some jurisdictions such as England-Wales and New South Wales, for Vietnam.