NGĂN NGỪA HÀNH VI TRA TẤN, BỨC CUNG, DÙNG NHỤC HÌNH TRONG TỐ TỤNG HÌNH SỰ BẰNG CÁC QUY ĐỊNH VỀ KIỂM TRA, ĐÁNH GIÁ VÀ SỬ DỤNG CHỨNG CỨ

Torture, obtaining testimony by duress, and corporal punishment are illegal acts prohibited in most criminal justice systems because of their serious consequences. The regulation on examination, evaluation, and utilization of evidence should be seen as a means and tool to exclude statements and confessions obtained from such illegal acts, thereby eliminating the motivation to practice them. The article analyzes the provisions of the criminal law and criminal procedure law in Vietnam on torture, obtainment of testimony by duress, and use of corporal punishment and examines, evaluates and uses testimonies from those acts. Subsequently, through a comparion with rule in some other countries, the paper identifies limitations and offers suggestions for improvement.