Adversarial process under the 2015 Criminal procedure code and solutions for improvement

Abstract

The paper offers viewpoints on the criminal procedure model of Vietnam in which  adversarial process has been recognised for the  first time as a pricinple of the criminal procedure law. It clarifies the principle of “ assuarance of adversarial process in adjudication” and assesses the manifestation of this principle in the 2015 Criminal Procedure Code. The paper then points out the limitations of the Code in this regard and suggests solutions for improvement in order to properly  define the regulatory scope of the principle, duties and powers of judges as well as powers of courts to collect and supplement evidence to ensure the implementation of the principle of adversarial process in criminal proceedings.