SOME IMPACTS ON THE IMPLEMENTATION OF THE PRINCIPLES OF JUDGEMENTS, INDEPENDENT JUDGES, ONLY OBEYING THE LAW AND PERFECT SOLUTIONS IN VIETNAM CRIMINAL PROCEDURES LAW
DOI:
https://doi.org/10.54163/ncdt/59Abstract
The principle of judgments, independent judgements and only obeying the law is one of the specific principles of the implementation of judicial rights, which our country's court system has been operating for many years. However, in reality, judges and jurors may be influenced by lawyers, organizations, individuals, state agencies, distorting the proceedings, greatly affecting the operation of the court proceedings aimed at adjudicating in their favor and impeding the implementation of this principle. This article addresses two issues: (i) Theoretical and legal basis of this principle; (ii) Factors affecting the implementation of this principle, based on the results of a survey of 100 random criminal cases through judgments, minutes of deliberations and interviews with 50 Judges and jurors to get opinions on the implementation of the principle that judges and jurors conduct independent trials and only obey the law in the practice of adjudicating criminal cases. Thereby the author offers specific solutions to improve the implementation of this principle.
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