Jury Trials, Plea Bargaining, and Restorative Justice: International Experience and Recommendations for Viet Nam

Jury Trials, Plea Bargaining, and Restorative Justice: International Experience and Recommendations for Viet Nam

February 22, 2023

One of the main goals of Vietnam’s national strategy for strengthening the rule of law is to improve its justice system. The Vietnamese government made this clear by accepting the Universal Periodic Review third cycle recommendations, which call for “...strengthen[ing] the rule of law, including further development of the criminal justice system taking into account the human rights of suspects and inmates and the promotion of impartial and transparent administration of criminal justice.”

In pursuing the recommendations, this study aims to gather international best practices related to three important and prominent criminal justice mechanisms in jurisdictions across common and civil law systems, including: 1) criminal jury trials (or lay judge participation); 2) plea bargaining; and 3) mediation (restorative justice). It revisits Viet Nam’s current law and practice for each of these mechanisms. Drawing from Vietnamese and international good practices, the study concludes with recommendations to assist the Vietnamese judicial system reach its national strategic goals.