Wrongful Conviction

The 2013 Constitution stipulates: "An accused person is considered innocent until proven guilty according to legal procedures and a conviction by a court of law that has taken legal effect."

In recent years, the crime situation has continued to evolve in a complex manner, increasing in the number of cases and offenders, along with sophisticated and cunning methods. Consequently, the work of investigation, coordination between investigative agencies, the Procuracy, and Courts at all levels in combating crime and maintaining social order and security has become increasingly difficult and complex, leading to miscarriages of justice in cases. The types of cases that most frequently result in wrongful convictions are murder, robbery, and rape, etc.

Recently, public opinion has been outraged due to the discovery of serious violations by procedural agencies leading to wrongful convictions termed as "century-long injustices," notably the wrongful convictions of Mr. HVN & NTC. These are just two of the many wrongful cases uncovered, highlighting the alarming situation of miscarriages of justice in Vietnam's judiciary.

Wrongful convictions cause extremely serious consequences: affecting the progress and quality of criminal proceedings, causing material and psychological harm to the offenders, and particularly creating societal panic, leading to a loss of public trust in the State's legal policies.

The situation of wrongful convictions and the under-prosecution of crimes still contains many inadequacies and limitations. Therefore, there must be measures to rectify and overcome the existing shortcomings in criminal investigation, prosecution, and adjudication activities to prevent further regrettable miscarriages of justice. Particularly, procedural agencies must coordinate closely in resolving cases while maintaining independence in adjudication.

When procedural agencies and law enforcement bodies respect the law and adjudicate "the right person, the right crime," it means respecting human rights and citizens' rights.

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