IMPROVING THE LEGAL FRAMEWORK AND MECHANISMS FOR ENSURING VICTIMS’ HUMAN RIGHTS AT THE INVESTIGATION STAGE OF CRIMINAL PROCEEDINGS IN VIETNAM

ABSTRACT

This article analyzes the theoretical and legal foundations of victims’ human rights at the investigation stage of criminal proceedings in Vietnam. Based on an assessment of the provisions of the 2015 Criminal Procedure Code and law enforcement practice, the article identifies both achievements and existing limitations in ensuring victims’ rights.

АННОТАЦИЯ

В статье анализируются теоретические и правовые основы обеспечения прав человека потерпевшего на стадии расследования уголовного судопроизводства во Вьетнаме. На основе оценки положений Уголовно-процессуального кодекса 2015 года и правоприменительной практики выявляются достигнутые результаты и существующие ограничения в обеспечении прав потерпевших.

Keywords: victim; human rights; investigation stage; criminal proceedings; protection of human rights.

Ключевые слова: потерпевший; права человека; стадия расследования; уголовное судопроизводство; защита прав человека.

1. Victims’ human rights in criminal proceedings should first be understood from the general theoretical perspective of human rights and the legal status of victims. Human rights are inherent and inalienable rights of individuals, recognized, respected, protected, and guaranteed by the State. In criminal proceedings, when an individual becomes a victim, he or she is a subject whose human rights have been directly violated by a criminal act, while simultaneously participating in the proceedings in order to protect his or her lawful rights and interests. Therefore, ensuring victims’ human rights not only serves to protect specific individuals but also reflects the humanitarian and progressive nature of the criminal justice system.

From a theoretical standpoint, victims’ human rights at the investigation stage may be understood as the totality of fundamental rights and legitimate interests of victims that are recognized and guaranteed by criminal procedural law during the investigation of a criminal case. These rights possess both the universal characteristics of human rights and the specific features arising from the victim’s procedural status. Unlike accused persons, the human rights of victims are not limited to protection against unlawful interference by state power, but also entail positive obligations of the State to restore, protect, and compensate for the rights that have been infringed by criminal conduct.

From a structural perspective, victims’ human rights at the investigation stage may be classified into several basic groups. The first group comprises the rights to protection of life, health, honor, dignity, and property. These are fundamental rights, as in many cases victims may continue to face threats, retaliation, or intimidation during the investigation process. Ensuring the safety of victims is not only a humanitarian requirement but also a necessary condition for the effective exercise of other procedural rights.

The second group consists of the rights to information and participation in criminal proceedings. Victims are entitled to be informed of, and fully informed about, their rights and obligations; to present opinions; to submit evidence; and to request investigative authorities to carry out necessary investigative measures. At the investigation stage, guaranteeing the right to information is of particular importance, as it enables victims to clearly understand their legal status and prevents their participation from becoming merely formalistic or passive.

The third group includes the rights to seek protection and restoration of infringed interests, such as the right to claim compensation for damage, the right to be assisted by a lawful representative or legal counsel, and the right to lodge complaints against procedural decisions or actions taken by competent authorities and procedural officials. This group of rights clearly reflects the human rights–protective function of criminal procedure, ensuring that victims are not merely “heard” but are also able to exert a certain degree of influence over the proceedings in order to safeguard their legitimate interests.

With regard to the legal framework, the 2013 Constitution provides the constitutional foundation for the protection of victims’ human rights by affirming the State’s responsibility to respect, protect, and guarantee human rights and citizens’ rights. On this basis, the 2015 Criminal Procedure Code represents a significant advancement by expanding and specifying victims’ rights compared to earlier regulations. A number of new rights of victims have been recognized, reflecting a human-centered approach to criminal procedure that not only emphasizes the protection of the rights of the accused but also affords greater attention to the lawful rights and interests of victims.

2. In recent years, Vietnam’s criminal procedural law has made significant progress in recognizing and safeguarding the human rights of victims, particularly since the entry into force of the 2015 Criminal Procedure Code. Compared with the 2003 Criminal Procedure Code, the provisions on victims’ rights have been expanded in both substance and form, reflecting more clearly a human-centered approach to criminal proceedings. Nevertheless, law enforcement practice indicates that a considerable gap still exists between statutory provisions and the actual protection of victims’ human rights at the investigation stage.

With regard to achievements, it may first be noted that the current criminal procedural law has established a relatively comprehensive legal status for victims during the investigation stage. Victims are recognized as independent procedural participants and are entitled to be informed of and have explained to them their rights and obligations; to give statements; to submit evidence and documents; to request investigative authorities to conduct investigative measures; to claim compensation for damage; and to lodge complaints against procedural decisions or acts. The recognition of these rights provides an important legal basis for victims to actively participate in the investigation process in order to protect their lawful rights and interests.

Moreover, in investigative practice, in many cases investigative authorities have paid greater attention to receiving and considering victims’ opinions and ensuring their participation in proceedings in accordance with statutory procedures. Awareness of the role of victims in criminal proceedings has gradually improved, particularly in cases involving infringements of life, health, honor, dignity, or in serious and complex criminal cases. However, notwithstanding these achievements, the protection of victims’ human rights at the investigation stage continues to reveal a number of shortcomings.

First, several victims’ rights, although formally recognized by law, remain largely principle-based and lack specific mechanisms for effective implementation. For instance, the right to be informed of and to have one’s rights and obligations explained is not always fully or timely realized in practice; in many cases, victims still participate in proceedings in a passive manner, without a clear understanding of their rights that would enable them to exercise those rights effectively.

Second, victims’ participatory rights during the investigation stage are constrained by traditional procedural thinking that regards investigation as an activity falling largely within the “exclusive domain” of procedural authorities. In practice, victims’ requests for certain investigative measures or evidence-gathering activities are not always adequately considered, or are rejected without sufficient explanation. This situation substantially limits victims’ ability to effectively protect their lawful rights and interests.

Third, mechanisms for protecting victims against threats, intimidation, or retaliation during the investigation stage remain ineffective. Although the law provides for measures to protect procedural participants, the application of such measures in practice is still limited, mainly due to insufficient resources, a lack of detailed guidance, and a cautious or reluctant attitude toward their implementation. This directly affects victims’ rights to personal safety, physical integrity, and psychological well-being.

Fourth, ensuring victims’ rights to claim compensation for damage at the investigation stage continues to face significant difficulties. Coordination mechanisms between criminal proceedings and civil compensation remain inadequate, resulting in insufficient attention to victims’ interests from the investigation stage onward, despite the crucial importance of this stage for determining damage and civil liability.

3. In light of the existing limitations in practice regarding the protection of victims’ human rights at the investigation stage, the continued improvement of criminal procedural law constitutes an objective necessity in order to meet the goals of judicial reform and the construction of a rule-of-law state in Vietnam. Such improvements should be oriented toward further specifying victims’ rights while simultaneously establishing effective mechanisms for their implementation, thereby avoiding situations in which rights are formally recognized but difficult to realize in practice.

- it is necessary to further refine legal provisions concerning victims’ rights at the investigation stage in a more specific, clear, and practicable manner. Although the 2015 Criminal Procedure Code has recognized a relatively comprehensive range of victims’ rights, many provisions remain principle-based in nature. Accordingly, more detailed regulations should be introduced to clarify the content, scope, and modalities for the exercise of each right, particularly the right to be informed, the right to participate in investigative activities, and the right to request the conduct of procedural measures. Clearly defining the responsibility of investigative authorities to notify and explain victims’ rights and obligations from the moment a criminal case is instituted would contribute significantly to enhancing the substantive realization of these rights.

- legal provisions concerning victims’ rights to participate in criminal proceedings at the investigation stage should be further refined. The law should more clearly define the obligations of investigative authorities to consider and respond to victims’ lawful requests and petitions relating to investigative activities, while at the same time establishing mechanisms that allow victims to exercise a certain degree of oversight over the handling of such requests. This approach would not undermine the necessary independence and confidentiality of investigative activities, but would contribute to greater transparency and respect for victims’ human rights.

- the legal framework governing mechanisms for the protection of victims at the investigation stage should be further improved. Provisions on measures for protecting procedural participants need to be specified in greater detail, particularly in cases of a serious or complex nature or where there is a risk of threats or retaliation. The law should clearly regulate the conditions for application, procedures, and responsibilities of competent authorities in implementing protective measures, ensuring their timeliness and effectiveness. At the same time, the scope of protection should be extended, where necessary, not only to victims themselves but also to their close relatives.

- provisions ensuring victims’ rights to claim compensation for damage at the investigation stage should be further developed. Criminal procedural law should strengthen its linkage with civil law in determining damage and civil liability, treating this issue as an important matter that requires attention from the very beginning of the investigation stage. The collection of evidence relating to damage and compensation obligations serves not only the resolution of the criminal case but also more effectively safeguards victims’ lawful rights and interests.

- in the process of improving legislation, due attention should be paid to selectively incorporating international standards on the protection of victims’ rights in criminal proceedings. International instruments consistently emphasize the State’s positive obligations to protect victims of crime, ensure their access to justice, guarantee fair treatment, and provide adequate compensation. The incorporation of these standards into domestic law would not only enhance the quality of Vietnam’s criminal procedural legislation but also demonstrate Vietnam’s commitment to respecting and protecting human rights.

4. In light of the limitations observed in practice with regard to the protection of victims’ human rights at the investigation stage, the continued improvement of criminal procedural legislation constitutes an objective requirement to meet the goals of judicial reform and the construction of a rule-of-law state in Vietnam. Legislative reform should be oriented toward further specifying victims’ rights while simultaneously establishing effective mechanisms for their implementation, thereby avoiding situations in which rights are formally recognized but difficult to exercise in practice.

First, it is necessary to further refine legal provisions concerning victims’ rights at the investigation stage in a more specific, clear, and practicable manner. Although the 2015 Criminal Procedure Code recognizes a relatively comprehensive range of victims’ rights, many provisions remain principle-based. Accordingly, more detailed regulations should be adopted to clarify the content, scope, and modalities for the exercise of each right, particularly the right to be informed, the right to participate in investigative activities, and the right to request the conduct of procedural measures.

Second, provisions governing victims’ participatory rights during the investigation stage should be further improved. The law should more clearly stipulate the obligations of investigative authorities to consider and respond to victims’ lawful requests and petitions related to investigative activities, while at the same time establishing mechanisms that allow victims to exercise a certain degree of oversight over the handling of such requests.

Third, the legal framework governing mechanisms for the protection of victims at the investigation stage should be further developed. Provisions on measures for protecting procedural participants need to be specified in greater detail, particularly in serious or complex cases or where there is a risk of threats or retaliation. The law should clearly regulate the conditions for application, procedures, and responsibilities of competent authorities in implementing protective measures, ensuring their timeliness and effectiveness. At the same time, the scope of protection should be extended, where necessary, not only to victims themselves but also to their close relatives.

Fourth, provisions ensuring victims’ rights to claim compensation for damage at the investigation stage should be strengthened. Criminal procedural law should enhance its linkage with civil law in determining damage and civil liability, treating this issue as an important matter that requires attention from the outset of the investigation stage. The collection of evidence relating to damage and compensation obligations serves not only the resolution of the criminal case but also more effectively safeguards victims’ lawful rights and interests.

In sum, improving the legal framework for ensuring victims’ human rights at the investigation stage requires a coordinated and comprehensive approach, closely aligned with the requirements of judicial reform and practical implementation. This constitutes an important prerequisite for enhancing the effectiveness of human rights protection in criminal proceedings and for building a fair, humane, and modern system of criminal justice.

References:

1. National Assembly (2013), The Constitution of the Socialist Republic of Vietnam, National Political Publishing House – Truth, Hanoi.
2. National Assembly (2015), The Criminal Procedure Code, National Political Publishing House – Truth, Hanoi.
3. National Assembly (2017), Law on Amendments and Supplements to a Number of Articles of the Criminal Procedure Code, Hanoi.