The objectives of this workshop are to provide an open forum for experts from various countries to discuss both theoretical and practical aspects of the important principle on the presumption of innocence, to gather information about legal provisions and practical application of this principle in different jurisdictions, and to discuss similarities and differences between them.
We hope to discuss questions such as:
- What is the theoretical and social basis for determining the principle of the presumption of innocence?
- What substantive and procedural requirements should judicial bodies respect in relation to the principle of the presumption of innocence?
- What types of mechanisms can or should be in place to control abuse of the principle of the presumption of innocence from judicial bodies?
- How do the experiences of different jurisdictions differ and what lessons can be learnt regarding the application of the principle of the presumption of innocence?
Workshop Program
The conference will take place on Friday 24 July, 2020
Melbourne time - GMT+10: 10:30am-3:00pm
Hanoi time - GMT+7: 7:30am-12:00pm
Workshop Guidelines
Conference Proceedings
Papers to be presented
| Author(s) | Institution | Country of Institution | Paper Title | Video Recording |
|---|---|---|---|---|
| Shruti Bedi | Panjab University, Chandigarh | India | Presumption of Innocence and Reverse Onus Clauses: The State of Criminal and Constitutional Jurisprudence in India (in English and Vietnamese) | |
| Ira Belkin | New York University | USA | The Presumption of Innocence (in English) | |
| Aurélie Bergeaud-Wetterwald | University of Bordeaux | France | Implications and Application of the Principle of the Presumption of Innocence in French Law (in French and Vietnamese) Powerpoint presentation (in English) | |
| Bui Tien Dat | Vietnam National University, Hanoi | Vietnam | Understanding of the Presumption of Innocence in Vietnam: Why Language Matters (in English and Vietnamese) | |
| Capital Punishment Justice Project | Australia | Notes on The Importance of the Presumption of Innocence (in English) | ||
| Dao Tri Uc | Hanoi National University | Vietnam | Presumption of Innocence as an Important Constitutionalised Principle of the Vietnamese Criminal Procedure Law (in English and Vietnamese) | |
| Robert Esser | University of Passau | Germany | Handcuffing during the Criminal Trial - What can we Learn from DIRECTIVE (EU) 2016/343 on the Strengthening of Certain Aspects of the Presumption of Innocence [...]? (in English and Vietnamese) | |
| Pamela R. Ferguson | University of Dundee | United Kingdom | The Presumption of Innocence and its Role in the Criminal Process (in English and Vietnamese) | Video Recording |
| Felicity Gerry QC | Carmelite Chambers, London, Crockett Chambers and Deakin University, Melbourne | Australia | Presumption of Innocence and Complicity - ‘Let him have it’ and ‘Come on let’s go’ (in English) | |
| Christoph Gröpl | Universität des Saarlandes | Germany | The Presumption of Innocence in the Legal Framework of Germany (in English and Vietnamese) | Video Recording |
| Guo Zhiyuan | China University of Political Science and Law | China | The Presumption of Innocence in China (in English and Vietnamese) | |
| Mike Hayes | Mahidol University | Thailand | Challenges to the Presumption of Innocence in Southeast Asia (in English) | |
| Shane Kilcommins | University of Limerick | Ireland | The Presumption of Innocence: Cases and Materials from Ireland (in English and Vietnamese) | Video Recording |
| Sébastien Lafrance | Public Prosecution Service of Canada | Canada | The Presumption of Innocence in Canada: A Comparative Perspective with Vietnam (in English and Vietnamese) | |
| Le Lan Chi | Vietnam National University, Hanoi | Vietnam | The Principle of Presumption of Innocence in the History of Criminal Procedure in Vietnam (in English and Vietnamese) | |
| Go Lisanawati | University of Surabaya | Indonesia | The Existence of Presumption of Innocence Principle in Indonesian Anti-Money Laundering Law (in English and Vietnamese) | |
| Nguyen Dang Dung and Nguyen Dang Duy | Vietnam National University, Hanoi | Vietnam | Presumption of Innocence: The Important Constitutional Provision (in English and Vietnamese) | |
| Nguyen Minh Tam and Vu Cong Giao | Vietnam National University, Hanoi | Vietnam | The Right to be Presumed Innocent in the International Human Rights Law and its Reflection in Vietnam (in English) | |
| Nguyen Ngoc Chi | Hanoi National University | Vietnam | The Presumption of Innocence in Legislation and Its Practical Application in Criminal Procedure in Vietnam (in English and Vietnamese) | |
| Nguyen Xuan Thao | Indiana University | USA | Presumption of Innocence in U.S. Law (in English and Vietnamese) | |
| Yukiko Nishikawa | Doshisha University | Japan | The Principle of Presumption of Innocence in Law and Judicial Practices in Japan (in English and Vietnamese) | |
| Benny Zhi Peng Tan | National University of Singapore | Singapore | Overview of Presumption of Innocence in Singapore (PPT, in English and Vietnamese) | Video Recording |
| Thai Vinh Thang | Hanoi University of Law | Vietnam | Presumption of Innocence and Practice in Vietnam (in English and Vietnamese) | |
| Tran Van Do | Supreme People's Court of Vietnam | Vietnam | Presumption of Innocence in Criminal Procedure in Vietnam (in English and Vietnamese) | |
| Gorsky Vadim Vadimovich, Gorsky Maxim Vadimovich and Mai Van Thang | Voronezh State University, Voronezh State University and Vietnam National University, Hanoi | Russia, Russia and Vietnam | The Presumption of Innocence in Russian Law: The Development (in Vietnamese and Russian) |
Introduction and American Region
South and Southeast Asia
Vietnam
Northeast Asia and Australia
European Region
General Discussion
This is an online workshop, and many of you will be attending from different time zones. We have therefore made some special arrangements to ensure you are able to participate fully in the conference discussions.
- The conference sessions will be ‘live’ and will take place via Zoom.
- Presenters will present for 5-10 minutes, talking about the main aspects, issues and arguments of the paper.
- The conference sessions will predominantly be devoted to questions and answers and discussions. Everyone participating in the sessions will have had an opportunity to read the papers in advance.
- Each speaker will respond to a specific question about their paper.
- The rest of the session will be devoted to discussion about all papers.
- Participants can type their questions in the 'Chat' section of Zoom.
- Each session will be 1 hour long.
- The language to be used in the workshop is English, with simultaneous interpretation into Vietnamese.
Workshop Registration
- This conference is jointly organised by:
- Asian Law Centre, Melbourne Law School, The University of Melbourne
- School of Law, Vietnam National University, Hanoi
- Please direct queries about the conference to:
Kathryn Taylor (in English) or
Giao, Vucong (in Vietnamese)