Dat T Bui presents two Vietnam papers
Our visiting scholar, Dat T. Bui, presents two of his recent papers:
1: Due-process-evading Justice - the Case of Vietnam
In Vietnam, summary criminal justice is officially limited to the process applying to a group of non-serious crimes prescribed in the Criminal Code. Having largely influenced by the Soviet model, the regimes of administrative sanctions and administrative measures have been technically deemed to be outside the criminal justice. Due to a narrow conception of crime, criminal due process rights have not been seriously taken into account in designing procedures for mechanisms of administrative sanctions/measures. Not only Marxism, an extreme form of legal paternalism has been manifested in the regime of administrative measures, which aim to coercively rectify one’s thought and behaviour. Given the recognition of administrative status for such regimes, values of administrative due process prevail over those of criminal due process.
From a functional perspective that identifies all types of criminal charges regardless of denominations, the regimes of administrative sanctions and administrative measures reflect an evasion of due process and should be considered criminal charges in nature. This functional approach demands rigorous consideration for designing fair trial rights for the procedures of those measures. It should be a paradigmatic shift in the context of challenges of universal due process to Vietnam’s summary criminal justice.
2: The right to be presumed innocent and the right to remain silent in Vietnam: Theory and Challenges
This paper first argues that one of the reasons causing violations on the the right to be presumed innocent is an incorrect translation of the term "presumption", leading to misunderstanding of the nature of the right. Second, the paper suggests a moderate model of the right to remain silent, which is a trend in the world, for Vietnam.
Comments: Asbjørn Rachlew and Kjetil Alsaker Fiskaa.
(Dat T. Bui is a lecturer at Law School, Vietnam National University Hanoi and a PhD candidate at Law School, Macquarie University.. His major research interests include Jurisprudence, Constitutional Law, Administrative Law, Human Rights Law and Criminal Justice. His recent publications in internationally-recognised refereed journals are: "The Expansion and Fragmentation of Minor Offences Justice - A Convergence between the Common Law and the Civil Law" New Criminal Law Review (forthcoming); "How many tiers of criminal justice in England and Wales? An approach to the limitation on fair trial rights. Commonwealth Law Bulletin" Vol 41, Issue 3, 2015. He has also published op-ed articles on newspapers in Vietnam, including the VietNamNet.)