Diffusing Equality of Arms in the Socialist Criminal Justice System

Abstract The principle of equality of arms, originating in common law systems, is a fair trial requirement designed to preserve the adversarial nature of criminal proceedings. Its basic guarantees are enshrined in universal human rights documents, including the International Covenant on Civil and Political Rights. This article examines how Vietnam, as a socialist country, has adopted the principle of equality of arms in its criminal justice system, considering the complex relationship between socialist ideology underlying its legal concepts, and recent procedural reforms. The findings suggest that, despite the inevitable impact of globalisation on legal diffusion processes, the operation of the criminal justice system remains ultimately shaped by its historical and contextual surroundings as it is a system designed by local institutions for local constituencies. With regard to the specific principle of equality of arms, influencing domestic factors include collectivism, a particular crime control model, the substantive truth doctrine, a blurred separation of function among procedural agencies, and the procuracy’s judicial supervisory role. Since there has been little research on the principle of equality of arms in the domestic context, let alone in national socialist criminal justice systems, this article contributes to filling a gap in the broader legal scholarship on both equality of arms and socialist criminal justice systems.