Reform of the Code of Criminal Procedure: Expert discussion in Berlin

Reform of Vietnam’s Code of Criminal Procedure: Expert discussions in Berlin
Reform of Vietnam’s Code of Criminal Procedure: Expert discussions in Berlin
Vietnam

How can criminal proceedings be made more efficient without curtailing the rights of those involved? What are the advantages and disadvantages of a plea bargain? And what problems and challenges does the digitalisation of criminal proceedings entail? A high-level delegation from Vietnam’s Supreme People’s Procuracy, led by the Deputy Prosecutor General, gathered information on these issues in Berlin from 12 to 14 October 2026.

Reason for the exchange

The Supreme People’s Procuracy of Vietnam is tasked with preparing a comprehensive revision of the Vietnamese Code of Criminal Procedure. Together with German experts, they sought to incorporate international experience into the reform and identify suitable approaches for Vietnamese criminal procedure law.

Our Chief Executive, Dr Christian Johnson, began by providing insights into the legal and practical framework for cross-border cooperation in criminal matters. This was followed by an extensive programme involving many stakeholders!

Digitalisation and efficient criminal proceedings

Participants learnt how the digitalisation of the criminal justice system is progressing in Germany and what challenges it entails during discussions at the Federal Ministry of Justice and Consumer Protection and at the Berlin Senate Department for Justice and Consumer Protection. There, Dr Tobias Kaehne, head of the project to introduce electronic case files in Berlin’s criminal courts, presented their practical implementation in Berlin’s criminal proceedings.

Further presentations focused on the public prosecutor’s discretion in criminal prosecution and plea bargaining in criminal proceedings. Philipp Meyhöfer from the Berlin Public Prosecutor’s Office and Friederike Bartl, a judge at Tiergarten Local Court, examined the legal requirements and practical application of these instruments. The discussion also centred on the limitations of such procedures and the safeguarding of the rule of law.  Andreas Wattenberg, a specialist lawyer in criminal law, contributed  the defence perspective to the discussion.

Combating criminal structures through asset recovery

However, the recovery of assets derived from criminal offences was also a key focus. Dr Holger Mann, a judge at the Berlin Court of Appeal, introduced the subject of asset recovery under the ‘ ’ – even without a prior conviction. In further discussions with Dr Felix Lüth and Beate Bärnklau from the Berlin Public Prosecutor’s Office, this topic was explored in greater depth, with a focus on prosecutorial practice.

Impetus for reform in Vietnam

The study visit gave the Vietnamese delegation a first-hand insight into the work of German courts, the public prosecutor’s office and the legal profession. At the same time, it provided an opportunity to exchange experiences and discuss both the opportunities and limitations of individual criminal procedure instruments and their applicability in Vietnam. We will, of course, be in contact with our Vietnamese partners regarding the continuation of these discussions.

Vietnam’s Supreme People’s Court visits German courts

Centre: Nguyen Van Tien, Vice-President of the Supreme People’s Court of Vietnam; to his left: Dr Stefan Hülshörster, General Director of IRZ, and Prof. Dr Dr h.c. (NLU Kharkiv) Lars Brocker, President of the Constitutional Court of Rhineland-Palatinate and the Higher Administrative Court of Rhineland-Palatinate
Centre: Nguyen Van Tien, Vice-President of the Supreme People’s Court of Vietnam; to his left: Dr Stefan Hülshörster, General Director of IRZ, and Prof. Dr Dr h.c. (NLU Kharkiv) Lars Brocker, President of the Constitutional Court of Rhineland-Palatinate and the Higher Administrative Court of Rhineland-Palatinate
Vietnam

A seven-member delegation comprising judges and other experts from Vietnam’s Supreme People’s Court and subordinate courts visited courts in Koblenz and Frankfurt am Main in early August. The visit was prompted by ongoing reform discussions in Vietnam, where deliberations are currently taking place, amongst other things, on reforming the appeals system – in particular, on how appeals and levels of jurisdiction can be structured in a sensible and efficient manner. The delegation, led by Vice-President Nguyen Van Tien, used the opportunity to examine the German system to familiarise themselves with different models and discuss their practical implementation with German judges.

The professional exchange, organized by IRZ, began at the Higher Administrative Court of Rhineland-Palatinate in Koblenz with an insight into the German administrative judiciary. The programme included, amongst other things, the structure and function of the administrative courts, appeals and procedural filters, as well as the enforcement of administrative court decisions. Issues relating to legal costs and legal aid were also discussed.

At the Higher Regional Court of Koblenz, the focus then shifted to the civil judiciary. In addition to the structure and hierarchy of the German civil courts, particular attention was paid to the roles and working methods of the appellate courts.

The visit was not limited to theoretical insights: the delegation had several opportunities to observe oral hearings first-hand and to engage in discussions with the German judges about procedural processes and decision-making.

The visit concluded with a visit to the Higher Regional Court of Frankfurt am Main. Topics covered there included appeals in criminal proceedings – in particular appeals to the Federal Court of Justice and retrials – as well as the law of evidence in civil proceedings.

The study trip thus combined practical insight into German judicial practice with a comparative legal exchange on issues of particular significance for the ongoing reform deliberations in Vietnam. The dialogue on different models of the court system and appeals, as well as their practical application, provided valuable impetus for further discussion in Vietnam.

Thanks to the targeted preparation of the delegation members, on the one hand, and the excellent groundwork laid by the counterparts at the Higher Administrative Court (OVG) and the Higher Regional Courts (OLG), on the other, a high-level professional exchange took place, during which various procedural mechanisms were discussed in depth.
In conclusion, Vice-President Nguyen Van Tien emphasised the constructive working atmosphere and expressed his appreciation for the specialist expertise of the German judges.

A week of juvenile criminal law in Ho Chi Minh City

Exhausted but satisfied faces after the mock trial in Ho Chi Minh City
Exhausted but satisfied faces after the mock trial in Ho Chi Minh City
Vietnam

Vietnam passed a new juvenile criminal law in 2024, taking a significant step toward a more modern and youth-friendly criminal justice system. IRZ provided technical support for the development of the law, which will come into force in early 2026.

Similar to German criminal law, the focus is now on education. The aim is to positively influence the development of young people through elements such as the involvement of social workers or the use of outpatient measures such as leisure activities or skills training.

In order to prepare the Vietnamese judiciary for the practical application of the new law, IRZ carried out several measures on this topic with various partners in Ho Chi Minh City in August. A particular highlight was a mock trial with the Vietnamese Judicial Academy, i.e., a simulated court hearing based on a practice case. Here, future legal practitioners were able to try out the application of the law in practice in various roles and thus became aware of the specific aspects of juvenile criminal law. Our German experts also used the practice case to demonstrate a possible course of action under German law, which was followed by an in-depth analysis and fruitful exchange on similarities, differences, and special features of juvenile criminal law in Vietnam and Germany.

In addition, a successful training course on the application and enforcement of juvenile criminal law in practice was held with the Supreme People's Court, attended by approximately 40 judges from various regions of Vietnam. Our training film “Raub einer Weste” (Theft of a Vest) on juvenile criminal law, which had also been used in a guest lecture at the University of Saigon and in previous training courses, and had even been shown in the Vietnamese National Assembly, met with particular interest.