So sánh biên bản ghi lời khai trong tố tụng hình sự Việt Nam và quốc tế
In the realm of criminal proceedings, the documentation of witness statements plays a pivotal role in shaping the outcomes of legal battles. Both in Vietnam and internationally, the protocols and significance of recording these statements vary, reflecting broader differences in legal frameworks and cultural approaches to justice. This article delves into the comparative analysis of the procedures and implications of witness statement records in Vietnamese and international criminal proceedings, shedding light on the nuances that distinguish each system.
The Legal Framework in Vietnam
Vietnam's approach to recording witness statements in criminal proceedings is deeply rooted in its civil law system, which emphasizes written documentation. In Vietnam, the process is strictly regulated by the Criminal Procedure Code. The police or investigators are responsible for taking witness statements during the preliminary investigation phase. These statements are meticulously documented in a 'biên bản', a written record that captures the witness's testimony verbatim. This document must adhere to specific procedural requirements, including the presence of a witness during the statement recording and the mandatory signing of the document by all parties involved.
International Practices: A Comparative Overview
Internationally, the approach to recording witness statements can vary significantly due to the diverse legal systems in place. In common law countries like the United States and the United Kingdom, witness statements are also crucial; however, the emphasis is often on oral testimony rather than written records. During the pre-trial phase, depositions may be taken where witnesses give oral statements under oath, which are transcribed by a court reporter. Unlike in Vietnam, these transcriptions are not typically signed by the witnesses, though they hold substantial weight in court proceedings.
Implications for Justice and Fair Trial
The method of recording witness statements has profound implications for justice and the right to a fair trial. In Vietnam, the reliance on written records aims to preserve the accuracy of witness testimonies and prevent alterations. However, critics argue that this method may limit the witness's ability to convey nuances and emotions effectively, potentially impacting the perception of the testimony during trials. Conversely, in international settings where oral testimonies are prevalent, the dynamic nature of live questioning allows for a more thorough examination of the witness's statements but also introduces the risk of inconsistencies and memory lapses.
Challenges and Reforms
Both systems face distinct challenges that necessitate ongoing reforms. In Vietnam, there is a growing call for enhancing the transparency and reliability of the 'biên bản' by incorporating audio or video recordings, which can provide a more comprehensive account of the witness's demeanor and statements. Internationally, efforts are being made to standardize the process of taking witness statements and ensuring their admissibility across different jurisdictions, which is particularly challenging in a globalized world with varying legal standards.
The exploration of how witness statements are recorded in Vietnamese and international criminal proceedings reveals significant differences influenced by legal traditions, cultural values, and procedural norms. In Vietnam, the meticulous documentation in 'biên bản' reflects a structured approach aimed at preserving the integrity of witness testimonies. Internationally, the preference for oral statements highlights the value placed on live assessments of credibility and the adaptability of legal practices. Each system has its merits and drawbacks, and the ongoing reforms aim to address these challenges, ensuring that the recording of witness statements upholds the principles of justice and fairness in criminal proceedings.