MINISTRY OF EDUCATION AND TRAINING MINISTRY OF JUSTICE
HANOI LAW UNIVERSITY
DAM QUANG NGOC
PUBLIC PROSECUTION FUNCTION IN
CRIMINAL PROCEDURE IN VIETNAM AND GERMANY
Major: Criminal and criminal procedure law
Code: 9.38.01.04
SUMMARY OF JURIST DOCTORAL THESIS
HANOI – 2020
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The thesis has been completed at:
HANOI LAW UNIVERSITY
Science supervior: Assoc.Prof.Dr.Tran Van Do
Reviewer 1 :
Reviewer 2 :
Reviewer 3 :
The doctoral thesis will be examined by Examination Board
at Hanoi Law University dated …………..
The thesis can be found at:
1) National Library of Vietnam;
2) Library of Hanoi Law University.
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INTRODUCTION
Public Prosecution Function (PPF) is the important
function in Criminal Procedure (CP), which is used by the State
to prosecution people who commit a crime, and bring them to the
Court. Properly and effectively performing this function, together
with the judicial function of the Court and the defence function,
not only contributes to the task of preventing and combating
crime, but also protecting human rights, especially the rights and
legitimate interests of participants in criminal proceedings,
contributing to establishment of a democratic and effective justice
as well.
The Party's objective via the Politbureau's Resolution No.
49/NQ-TW of June 2nd 2005 on the judicial reform strategy to
2020 is “Building a transparent, strong and democratic
judiciary...", and "enhance adversarial quality at trials, considered
this as a breakthrough stage of judicial activity ..., boost
prosecutorial responsibilities in investigating activities,
implementing effectively mechanism in which prosecution
associates with investigation ... ". Therefore, the study of PPF in
CP is necessary, consistent with Vietnam's procedural practices
and The Politbureau’s judicial reform orientation.
In Germany, the judicial reform has recorded successes
when the advantages of the procedural model of fairness,
democracy and especially the protection of human rights have
been gradually recognized in both scientific and legal research.
The German PPS system is highly appreciated by researchers
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from both legal traditions (Continental European and Common
Law Tradition) in respect of objectivity and impartiality.
Therefore, comparing and learning German experiences on
judicial reform in general and reforms of the Prosecution
Function Services (PPS) in particular are very necessary with
respect to the practices of CP in Vietnam.
Therefore, the topic "Public Prosecution Function in
criminal procedure in Vietnam and Germany" shall be a
comprehensive study of this important function in the criminal
procedure from a comparative method, which also has theoretical
and practical values, satisfactory to requirements of Judicial
Reform in Vietnam.
2. Research purposes and research tasks
The Thesis’s purpose is to research and compare the law on
PPF in the CP of Vietnam and Germany in order to overall evaluate
similarities and differences in this function according to the
substantive criminal procedure law between Vietnam and Germany.
Thereby, the Thesis proposes solutions to improve and enhance the
efficiency of PPF in Vietnam criminal procedure model.
3. Research subject and scope of the study
- The Thesis researches theoretical issues on PPF;
Vietnamese and German CP law on PPF.
- The scope of the thesis is a comprehensive study of
theoretical and legal issues of Vietnam and Germany on PPF,
practical implementation of PPF in Vietnam. focusing on the
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following issues: notions, objects, subjects, content and scope of
PPF as a function associated with the subject in CP; Regarding
Vietnam's laws on PPF, focusing on the CP Code 2015; in
addition, studying the relevant provisions of the Constitution
2013, the Law on Organization of the People's Procuracy 2014;
Regarding the German law on PPF, focusing on studying the
Constitution 1949, the PC Code 1987, amended and supplemented
in 2014, the Law on Organization of Courts in 1975, amended and
supplemented in 2019.
4. Research Methods
The main scientific research methods in the thesis include
comparative method, analytical method, synthesis method, systemizing
method, historical method.
5. Scientific significance, practical significance of the Thesis
The Thesis is the first comprehensive research study on PPF in
CP between Vietnam and Germany which is interrogation model with
many similarities and highly appreciated for democracy and protection
of human rights.
The dissertation's research results contribute to
supplement and complete the theory of PPF as a function of an
institution authorized by the state and from a functional
perspective.
From a legal perspective, the results of the research and
comparison between the substantive laws of the two countries and
the assessment, explanation of the similarities and differences on
