PROSECUTORIAL INDEPENDENCE: COMPARATIVE MODELS AND IMPLICATIONS FOR VIETNAM

Resumo

The independence of prosecutorial institutions is widely recognized as a fundamental component of rule-of-law systems. In contemporary constitutional democracies, prosecutors play a role in ensuring the legality of criminal proceedings, safeguarding human rights, and maintaining public confidence in the justice system. This article examines the guarantees of prosecutorial independence in rule-of-law states through a comparative analysis of five jurisdictions: France, Germany, Japan, South Korea, and Vietnam. Based on these comparative insights, the article discusses the challenges facing the prosecutorial system in Vietnam and proposes directions for improving the institutional framework governing the independence of the People’s Procuracy. The findings suggest that strengthening prosecutorial independence must be accompanied by effective mechanisms of accountability and constitutional control to ensure both the integrity of criminal justice and the protection of human rights. Ultimately, the article contributes to the discourse on judicial reforms and the development of the socialist rule-of-law state in Vietnam.