Jurnal Cita Hukum
Vol. 13 No. 3 (2025): Winter Edition

A Comprehensive Analysis of Appellate and Cassation Review in the Context of Vietnamese Criminal Procedure

Nguyen Chi Hieu (Lecturer of the School of Law, Can Tho University, Ph.D Candidate, Hanoi Law University, Vietnam)



Article Info

Publish Date
31 Dec 2025

Abstract

The nature of appellate review and cassation review in criminal procedure reflects a state’s approach to organizing its criminal justice system. This article examines the complexities of these two procedural mechanisms within the context of Vietnamese criminal procedure, drawing on theoretical research and analyzing the provisions of the 2015 Criminal Procedure Code of Vietnam. Utilizing comparative and contrastive methodologies, the author outlines the fundamental distinctions between appellate review—as a direct re-examination of judgments that have not yet taken legal effect—and cassation review, which scrutinizes legally binding judgments to correct serious legal errors. Furthermore, the article conducts an in-depth legal analysis to identify normative shortcomings and procedural inadequacies in current regulations governing both appellate and cassation reviews. To address these issues, targeted solutions are proposed to refine the legal framework, thereby promoting a more effective and objective administration of justice. The comparative scope extends to international jurisdictions such as Poland, France, and Belgium, where cassation is primarily designed to identify and rectify errors in the application of law rather than re-evaluating factual matters. In these legal systems, cassation courts play a pivotal role in ensuring consistency, uniform interpretation, and coherent application of the law across all judicial levels.

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Journal Info

Abbrev

citahukum

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Jurnal Cita Hukum is an international journal published by the Faculty of Sharia and Law, Universitas Islam Negeri Syarif Hidayatullah Jakarta, Indonesia. The focus is to provide readers with a better understanding of legal studies and present developments through the publication of articles, ...