The burden of proof under the principle of presumption of innocence in the Hungarian criminal procedure law and some recommendations for Vietnam

Abstract

The presumption of innocence is a fundamental principle in criminal justice systems worldwide; however, its content and implications can vary significantly across different legal systems. This article specifically examines one key consequence of the presumption of innocence, namely the burden of proof in criminal cases, as regulated by Hungarian criminal procedure law. On that basis, the article proposes some solutions to improve Vietnam’s criminal procedure law regarding the role of courts regarding the burden of proof in criminal proceedings, the prosecutor’s burden of proof in proving criminal offences, and the right to remain silent.