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The Crime Control Model of Vietnam’s Criminal Justice System: the Vital Role of Prosecutors and the Need for Plea Bargaining Cover

The Crime Control Model of Vietnam’s Criminal Justice System: the Vital Role of Prosecutors and the Need for Plea Bargaining

By: Vo Minh Ky  
Open Access
|May 2025

Abstract

Vietnam’s criminal justice system predominantly follows the crime control model, emphasizing efficiency in detecting, prosecuting, and adjudicating crimes to maintain societal order. Prosecutors are central in overseeing investigations and ensuring rapid case processing, with the pre-trial stage often prioritised in trial proceedings. However, rising crime rates and limited prosecutorial resources have highlighted the need for reforms, such as the introduction of plea bargaining. Plea bargaining could enhance efficiency by allowing prosecutors to handle more cases and reducing criminal process uncertainty. While this aligns with the goals of the crime control model, it also raises concerns about safeguarding defendants’ rights. To address these concerns, it is proposed that judges play a more active role in plea negotiations, ensuring fairness and voluntariness. This paper argues that plea bargaining, with proper safeguards, could help maintain the balance between efficiency and justice in Vietnam’s criminal justice system.

DOI: https://doi.org/10.2478/vjls-2025-0007 | Journal eISSN: 2719-3004 | Journal ISSN: 2719-5872
Language: English
Page range: 100 - 114
Submitted on: Nov 29, 2024
Accepted on: Mar 18, 2025
Published on: May 15, 2025
Published by: Hochiminh City University of Law
In partnership with: Paradigm Publishing Services
Publication frequency: 3 issues per year

© 2025 Vo Minh Ky, published by Hochiminh City University of Law
This work is licensed under the Creative Commons Attribution 4.0 License.