The Crime Control Model of Vietnam’s Criminal Justice System: the Vital Role of Prosecutors and the Need for Plea Bargaining

Vietnam’s criminal justice system predominantly follows the crime control model, emphasizing efficiency in detecting, prosecuting, and adjudicating crimes to maintain societal order. Prosecutors are central in overseeing investigations and ensuring rapid case processing, with the pre-trial stage often prioritised in trial proceedings. However, rising crime rates and limited prosecutorial resources have highlighted the need for reforms, such as the introduction of plea bargaining. Plea bargaining could enhance efficiency by allowing prosecutors to handle more cases and reducing criminal process uncertainty. While this aligns with the goals of the crime control model, it also raises concerns about safeguarding defendants’ rights. To address these concerns, it is proposed that judges play a more active role in plea negotiations, ensuring fairness and voluntariness. This paper argues that plea bargaining, with proper safeguards, could help maintain the balance between efficiency and justice in Vietnam’s criminal justice system.