Victim’s Participation in Adversary Procedure of the Russian Federation’s Criminal Procedure Code and Lessons for Vietnam

Abstract

Some countries that mainly follow the inquisitorial system, such as Russia, France, and Vietnam, tend to absorb some features of the adversarial system. Using the Russian Federation as an example, this article raises questions including: How will the acquisition of adversarial elements affect the position, role, rights and obligations of the victim? Is the victim an independent party to participate in the adversary procedure? 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 procedure, it will be difficult for the victim to protect his or her legitimate rights and interests in the 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 procedure of the Russian Federation. While analyzing the rights and obligations of the victim in the adversary procedure, we found that the victim in the Criminal Procedure Code of the Russian Federation is eligible to participate in the adversary procedure as an independent party. The article discusses the significance of this study and proposes approaches to improve the victim’s participation in adversary procedure in Vietnam’s criminal justice system.