International Legal Standards on Detention Measures and Recommendations for Reforming Vietnamese Criminal Procedure Law

Abstract

The article examines the extent to which Vietnam’s Criminal Procedure Law on pretrial detention aligns with international legal standards and the practices of selected countries. Based on an analysis of international legal frameworks and a comparative study of the laws and practical applications in Russia, Germany, Japan, and China, the research identifies gaps and shortcomings in Vietnam’s legislation. The findings reveal that, while these countries regard pretrial detention as a last resort, applied cautiously under independent judicial oversight and with priority given to alternative measures, Vietnam’s law still prioritizes detention, applies inflexible time limits, and lacks adequate safeguards for human rights. Accordingly, the article proposes several recommendations: clearly establishing the principle that pretrial detention is a last resort; expanding judicial authority to impose this measure; enhancing procedural transparency and the right to appeal; and codifying alternative measures. These recommendations aim to increase transparency, strengthen human rights protection, and advance Vietnam’s integration into the international legal framework.

ướng hội nhập toàn cầu.