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Understanding Causes for Wrongful Convictions in Vietnam: a View from the Top and the Bottom of the Iceberg

Le School of Law, Vietnam National University, Hanoi, Viet Nam|
Hai Thanh (57212565818) | Son Thanh (57955182600); Luong | Duc Quang (56878153100); Mai School of Social Science, the University of Queensland, Brisbane, Australia| Hang Thanh (57955182500); Nguyen Belgorod State National Research University, Belgorod, Russian Federation| Yen Hai (57955631000); Bui The Supreme People’s Procuracy of Vietnam, Hanoi, Viet Nam| Lan Chi (57956310300); Hoang Hanoi Procuratorate University, Hanoi, Viet Nam|

Asian Journal of Criminology Số , năm 2022 (Tập 17, trang 55-73)

ISSN: 18710131

ISSN: 18710131

DOI: 10.1007/s11417-022-09390-7

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Tóm tắt tiếng anh
Wrongful convictions have severe consequences and effects on the values, dignity, and self-esteem of the innocent and their beloved ones. While Vietnam is implementing the rule of law to ensure the protection of citizens’ fundamental rights, recent and serious wrongful conviction cases suggest a need to enhance the effectiveness and credibility of criminal justice reform. Using several cases for examples from Vietnam, this study examines two levels of factors that contribute to wrongful convictions: (i) the acknowledged causes (the top of the iceberg) and (ii) the hidden roots (beneath the surface). In addition, we compare the case of Vietnam to the findings from other Asian nations, notably those of East Asia. We conclude that the causes for wrongful convictions are embedded in the criminal justice process and culture, and eradication of wrongful convictions requires careful planning and innovative reforms that address the root causes of the problems. Relevant policy and practical recommendations are offered to deal with the factors leading to wrongful convictions in Vietnam. © 2022, The Author(s).

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