Pre-Trial Detention and Human Rights Protection

A Comparative Study of Hungary and Vietnam

Absztrakt

Pre-trial detention is one of the gravest measures applied in criminal procedure law before trial. The International Covenant on Civil and Political Rights (ICCPR) states that everyone has the right to liberty and security of person, no one shall be subjected to arbitrary arrest or detention, or be deprived of his liberty. In some cases, however, to protect the public interest, as well as the success of the investigation and the trial process, the Court has the power to impose detention on the defendant, which leads to the deprivation of the personal freedom of this person. The indispensable role of pre-trial detention in criminal proceedings cannot be denied; however, it also results in disadvantageous consequences that affect the defendant, including his health, job, family, etc. Arbitrary, overused, or excessive pre-trial detention, and other violations occurring in its application in the proceedings pose a significant risk to human rights. This paper will follow a comparative method to analyse and clarify the relevant regulations on pre-trial detention in both Hungary and Vietnam. Then, the paper will analyse and assess the level of protection of human rights during the enforcement process of this legal measure. It shall also be emphasized that the 2015 Law on Temporary Detention and Custody of Vietnam is currently under revision and amendment. This paper provides a deeper understanding of this topic, identifies regulatory gaps, and offers some suggestions for improving the Vietnamese law by drawing on the experience of Hungary’s legal framework.