Violations of Law in Forensic Psychiatric Examination in Vietnam

Phan Thi Luyen

Facuty of Political Theory, Hanoi Law University, Hanoi, Vietnam,

Nguyen Thi Hoai

Facuty of Political Theory, Hanoi Law University, Hanoi, Vietnam,

Nguyen Thi Ngoc Dung

Facuty of Political Theory, Hanoi Law University, Hanoi, Vietnam,

Nguyen Thi Huong

Facuty of Political Theory, Hanoi Law University, Hanoi, Vietnam,

Abstract:

Forensic psychiatric examination plays a particularly important role in providing a scientific basis for procedural authorities to consider and decide on the imposition of criminal penalties or judicial measures. However, recent practice in Vietnam indicates that forensic psychiatric conclusions have been exploited by certain suspects and defendants to evade criminal liability, especially in serious cases occurring at several major forensic psychiatric institutions. The distorted conclusions have adversely affected decision-making by procedural authorities, which rely on forensic psychiatric conclusions as a key source of evidence in case resolution. This phenomenon may be identified as an internal systemic distortion within the forensic psychiatric examination mechanism, manifested through manipulation of expert conclusions and the feigning of mental illness to evade criminal liability. This article analyses violations of law in forensic psychiatric examination in Vietnam by employing document analysis and in-depth interviews. On that basis, it identifies underlying causes, legal gaps, and limitations in the management and supervision exercised by competent authorities. The article further proposes a number of measures aimed at improving the legal framework and enhancing the effectiveness of enforcement and management of forensic psychiatric examination activities in Vietnam.

Keyword:

Violation, forensic psychiatric examination, criminal liability