PRESUMPTION OF INNOCENCE: COMPARING VIETNAMESE LAW WITH ESTABLISHED INTERNATIONAL JURISPRUDENCE

The concept of presumption of innocence is a fundamental principle of the modern justice system as generally recognised under different jurisdictions across the world. It is essential for respecting and protecting human rights of every citizen during criminal proceedings. It is considered as a basic principle of criminal procedure law, a constitutional right of accused persons, and a universal human right. However, it is fraught with numerous ambiguities and challenges especially regarding its practical application in various jurisdictions. Vietnam is no exception. Although Vietnam incorporates the principle both under its Constitution and the Criminal Procedure Code, yet, there exists incertitude and lack of consistency in its practical application, on account of the peculiarity of the existing political structure and weaknesses in the criminal justice system. The authors attempt to analyse the implications of this principle/right under established jurisprudence at the international level and then scrutinise its status under the Vietnamese law. The article seeks to map the occasions when presumption of innocence is infringed, or violated and subsequently suggests amendment of the Vietnamese law to ensure adequate protection of the principle/right. The article concludes that it is important to hold public authorities accountable for irresponsible actions, especially in matters concerning the life and liberty of people.