NGUYỄN THỊ HOÀI PHƯƠNG, NGUYỄN THỊ THÙY TRINH, VÕ SỸ

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Abstract

Pre-trial detention is one of the most restrictive preventive measures in criminal proceedings, as it directly limits certain fundamental rights of the person subject to the measure. Its application therefore requires strict legal safeguards in order to protect human rights and prevent arbitrary deprivation of liberty. Although the current legal framework governing pre-trial detention periods is relatively comprehensive, the 2015 Criminal Procedure Code still reveals a number of limitations and inconsistencies in both regulation and practice. This article examines the theoretical foundations, relevant legal provisions, and practical application of the rules governing pre-trial detention periods. On that basis, it proposes several recommendations for improving Vietnamese criminal procedure law and strengthening safeguards against the excessive or unjustified use of pre- trial detention.

Keywords: Criminal procedure; pre-trial detention; pre-trial detention period; preventive measures; Vietnamese Criminal Procedure Code.