Abstract

Vietnam’s 2015 Criminal Procedure Code recognizes, for the first time, the right of accused persons not to be compelled to testify against themselves or to confess guilt, marking an important development in the protection of human rights in criminal proceedings. However, the 2015 Criminal Code concurrently recognizes “truthful declaration” as a mitigating circumstance in determining criminal liability, giving rise to a potential tension between the exercise of the right against self-incrimination and the availability of mitigation based on cooperation through truthful statements. This article examines the relationship between these two legal rules from theoretical and practical perspectives and proposes several recommendations for improving Vietnamese law.

Keywords: Criminal Code 2015, Criminal Procedure Code 2015, right against self-incrimination, right to remain silent, truthful declaration.