THE VERDICT OF THE COURT THAT THE DEFENDANT BE NOT GUILTY THROUGH THE IMPLEMENTATION OF THE CRIMINAL PROCEDURES CODE 2015 AMENDED AND SUPPLEMENTED IN 2021

Abstract

In crime prevention, Vietnam's criminal procedural agencies carrying out investigation, prosecution and trial activities have basically ensured to figure out the right people, the right crimes and the right law. However, there are still situations where the Court finds the accused not guilty of the crime during the trial of the criminal case; There are many reasons for such situation: due to procedural violations or serious violations in the application of criminal law at the stage of prosecution, investigation and prosecution, leading to wrongdoing, wrongdoing, serious cases, causing public outrage; There are cases arising from the trial activities of the Court that have judged and assessed incomprehensively and inappropriately the objective evidentiary material of the case; in many cases, due to changes in legal policies by the State, the act does not constitute a crime; In addition, there are also reasons that there exist a number of overlapping and conflicting provisions between legal documents governing the same issue or incoherent regulations, leading to different interpretations and applications of the law, causing many difficulties in law enforcement in practice.

This article is part of a school-level scientific research topic and aims to evaluate the situation to identify common violations, clarify the causes of the situation of criminal cases. The court has acquitted the accused, from which some recommendations for appropriate solutions will be made to contribute to ensuring the accurate and lawful handling of crimes and preventing any infringement of human rights and citizens' rights as stipulated by the Constitution.