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Information on Doctoral thesis of Fellows Hoang Tam Phi

1. Full name of PhD student: Hoang Tam Phi

2. Gender: Male

3. Date of birth:             January 10, 1978

4. Place of birth: Nam Dinh province, Vietnam

5. Admission decision number: Decision No. 4387/QD-DHQGHN dated December 30th 2016 issued by the President of Vietnam National University, Hanoi.

6. Changes in academic process: None

7. Official thesis title: The detention - preventive measure in Vietnam's Criminal Procedures Code

8. Major: Criminal Law and Criminal Procedure Law

9. Code: 9380101.03

10. Supervisor: Prof. Dr.Sc. Dao Tri Uc

11. Summary of the new findings of the thesis:

Major results of the research shown as the following new findings:

Firstly, this research is the combination of inheriting previous studies, filling the blank left in previous studies and studying on the detention - prevention measure under the view of approach to the rights. An independent and comprehensive research summarizing all theoretical and practical issues related to detention - preventive measure in criminal procedures is noted as the finding of the research.

Secondly, two aspects found as the basis of developing the theoretical framework on detention - preventive measure in criminal procedures are included criminal procedures law on detention - preventive measure and its application and enforcement to ensure uniformity throughout the research on detention - preventive measure in criminal procedures.

Thirdly, it can be seen that the comments and assessments of the research on international experience and history lessons about detention - preventive measure are the finding compared to the previous studies on this measure in Vietnam, which remains as a reference for the process of developing, finalizing and enforcing laws on detention - preventive measure as well as its research and training.

Fourthly, comments and assessments on the practical application and implementation of detention - preventive measure are analyzed and studied through updated data and documents with a suitable duration to ensure the regularity of its conclusions.

Fifthly, besides the traditional approach referring the detention - preventive measure as the preferred measure to facilitate the resolving process of criminal cases without consideration of human rights, the approach to the rights is used to analyze, consider and evaluate contents of the research.

12. Practical applicability: The practical significance of the doctoral thesis are included: (i) The research results of the doctoral thesis can be used as a theoretical basis to further improve the provisions of the Penal Code of Vietnam on detention - preventive measure of the competent authorities in the process of legislating the criminal procedure law to meet the requirements of judicial reform. It, thus, is the basis for forming measures to ensure the application of this coercive measure, thereby improve the effectiveness of the fighting against crimes, protect human rights and freedoms, as well as prevent and fight against injustice, wrongdoing and violations of law in practice of case settlement; (ii) The results of the doctoral thesis is expected to supplement materials for research and training in law research and training establishments in which criminal justice major remains bold.

13. Further research directions: The PhD student keeps forward conducting research on detention prevention measures in the direction of approaching rights in which the rights of the accused offender are tightly focused. The principle of presumption of innocence and its practical implementation in Vietnam is supposed to be further complementary research direction.

14. Thesis-related publications:

1. Hoang Tam Phi (2018), "Provisions on detention prevention measures in the Criminal Procedure Code of Vietnam and Criminal Procedure Code of the Russian Federation", People's Public Security Journal, No. 5, pp. 62 - 64.

2. Hoang Tam Phi (2018), "Detention prevention measure in accordance with the Criminal Procedure Code 2015", Procuratorate Journal, No. 7, pp. 46 - 49.

3. Hoang Tam Phi (2019), "A number of recommendations to complete the provisions on the term of detention in the Criminal Procedure Code in 2015", Court Journal, No. 6, pp. 33 - 39.

4. Hoang Tam Phi (2019), "Detention prevention measure in criminal proceedings from the perspective of the right approach", Scientific Journal of Hanoi National University - Journal of Law, Volume 35 , Number 3, pp. 70 - 81.

 Lương Hoàng Anh - VNU - LAW
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