Practice Relating to Rule 100. Fair Trial Guarantees
Section C. Presumption of innocence
Viet Nam’s Criminal Procedure Code (2003) states: “No person shall be considered guilty until a court judgment on his/her criminality takes legal effect.”
Viet Nam’s Criminal Procedure Code (2015), which is applicable to the prosecution of war crimes, states:
Article 13. Presumption of innocence
A[n] accused person is deemed innocent until his guilt is evidenced according to the procedures and formalities as defined in this Law and a Court passes a valid conviction.
If grounds for conviction, as per the procedures and formalities in this Law, do not suffice, competent procedural authorities and persons shall adjudge the accused person to be not guilty.
Article 15. Determination of facts in a lawsuit
Competent procedural authorities are held liable for proving guilt. A[n] accused person is entitled to but is not obliged to prove his innocence.
Competent procedural authorities, within their duties and authority, must use legitimate measures to determine the facts of a lawsuit in unbiased, thorough and complete ways, to clarify the evidence of guilt and innocence, aggravation and mitigation of criminal liabilities of the accused person.