Status of the victim in the adversary proceeding: Experience from Russia and recommendation for the Vietnam’s criminal procedures

Abstract

Nowadays, most researchers believe that Russian Federation’s Criminal Procedure follows a mixed model instead of the traditional inquisitorial procedure model. Using the Russian Federation as an example, this article raises questions, including: How will the acquisition of adversarial elements affect the victim? Is the victim an independent party to participate in the adversary proceeding? Do the adversarial activities of the victim and the other subjects exist at the pre-trial stages? In Vietnam, with the limitation of the victim to participate actively in the adversary proceeding, it will be difficult for the victim to protect his or her legitimate rights and interests in criminal proceedings. He/she participates in the proceedings passively with the same role as witnesses. This article explores the role and position of the victim in the adversary proceeding of Russia. Analyzing the rights and obligations of the victim in the adversary proceeding, this article found that the victim in the Criminal Procedure Code of the Russian Federation is eligible to participate in the adversary proceeding as an independent party. Based on the results of research on the limitations of the victim’s role in Vietnamese criminal proceedings, the article discusses the significance of this study and proposes approaches to improve the victim’s participation in the adversary proceeding in Vietnam’s criminal justice system.

Keywords:

adversary, proceeding, victim, criminal proceedings, mediation, private prosecution, investigation, adjudication