The Supreme People's Procuracy (VKSND) is expected to submit to the National Assembly for consideration and approval of the Criminal Procedure Code (amended) at the 2nd Session, 16th National Assembly (October 2026).
According to the submission of the Supreme People's Procuracy sent to the National Assembly Standing Committee, the 2015 Criminal Procedure Law (amended and supplemented in 2021, 2024 and 2025) has created an important legal basis for investigation, prosecution, trial and ensuring human rights in criminal proceedings.
However, after more than 8 years of implementation, besides the positive results, practice shows that there are still many problems and inadequacies, and some regulations are no longer appropriate.
Typically, regulations on the authority of agencies and procedural officers are not synchronized and appropriate, and the mechanism for controlling power between procedural entities is not really effective.
Procedures have not met the requirements of fast and effective handling; have not fully met the requirements of digital transformation and online procedures; simplified procedures have not been effective, lacking flexible handling mechanisms for simple cases.
The Supreme People's Procuracy believes that the comprehensive amendment of the Criminal Procedure Code is necessary to ensure the unity and synchronization of the legal system and in accordance with international treaties and agreements.
At the same time, remove obstacles and inadequacies, improve the effectiveness and efficiency of prosecution, promote digital transformation in criminal proceedings; strengthen the control of judicial power, ensure fairness, strictness, humanity, improve the efficiency of handling crimes and recovering assets; better ensure human rights and citizens' rights.
The draft revised Penal Code has many new and progressive contents, based on the foundational principles of modern law: fairness, publicity, transparency, efficiency, and humanity.
Typically, innovating the methods of criminal proceedings in the direction of implementing electronic and online proceedings.
Thereby, in order to enhance the publicity, transparency, and accessibility of procedural activities; shorten the time to resolve cases and cases; reduce costs and social resources; and improve the efficiency of coordination between procedural agencies.
Strengthen the application of science, technology and digital data in investigation, prosecution, and adjudication activities; ensure network security, protect state secrets and protect personal privacy, the draft Code stipulates.
Supplementing the concept of "Electronic Prosecution" in the direction that electronic prosecution is the method of organizing and implementing procedural activities in the digital environment.
In which dossiers, data, evidence, procedural documents and activities of agencies, competent procedural officers and procedural participants are created, exchanged, managed, stored and used by electronic means in direct and online forms.
Supplementing the principle of "Electronic procedural activities" in the direction that agencies, competent persons conducting procedural activities, and procedural participants can carry out electronic procedural activities in the process of resolving cases and incidents. Electronic procedural activities have legal value as ordinary procedural activities.
Specifying the "digitalization" of case files, accordingly, case files can be made electronically, for cases made on paper, they must be digitized into electronic case files. Electronic case files have a single code and are shared and interconnected data between competent procedural agencies.
Clearly stipulate in the decision to bring the case to trial, in case of online trial, it must be clearly stated about the central bridge point and the number of component bridge points (legalizing legal documents on online court sessions).
