Right of Access to Courts Regarding Pre-trial Detention in the French Criminal Procedure Law and Experience for Vietnam

Right of Access to Courts Regarding Pre-trial Detention in the French Criminal Procedure Law and Experience for Vietnam

Mai Thanh Hiếu maithanhhieu@hlu.edu.vn Trường Đại học Luật Hà Nội
Abstract: 

This study was conducted based on an analysis of the formation and content of the right of access to courts regarding pre-trial detention under the French criminal procedure law, including the right to be promptly brought before the court, the right to request judicial release or the termination of detention conditions that violate human dignity, and the right to appeal judicial decisions concerning pre-trial detention. The research results indicate that the French criminal procedure law effectively establishes the right of access to courts regarding pre-trial detention in accordance with constitutional values and international standards, contributing to a balance between ensuring human rights and the requirements of crime prevention. On that basis, the article proposes improving Vietnamese criminal procedural law by establishing a mechanism for judicial control by the courts over pre-trial detention, ensuring the effectiveness of the right of access to courts in this area.

Keywords: 
Right of access to courts; pre-trial detention; criminal procedural law; France; Vietnam
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