Nature of cassation procedure in criminal procedures in Vietnam and France

Abstract

The nature of cassation in criminal procedures is the peculiarity of  cassation , which distinguishes cassation procedure from other special  ones such as reopening and other common procedures such as first instance and appellate procedures. The research paper compares the nature of cassation in Vietnamese and French criminal procedures in order to improve the Vietnamese criminal procedure regulations on the nature of cassation in the way that is similar to the French model. Since such model is the typical one of the Civil law family with preservation of differences in the Vietnamese criminal procedure law tradition. The improvement of Vietnam's criminal procedure law on the nature of cassation on the basis of comparison with the French criminal procedure law lays the foundation for improving other provisions on cassation procedures, contributing to harmonise Vietnamese law with a large legal system in the world.