Discuss the prosecution of the defendant for criminal preparation under the provisions of the Vietnam criminal procedure code

The article focuses on analyzing the theoretical and practical basis for applying the provisions on criminal preparedness under Article 14 of the Criminal Code of 2015, and clarifying the grounds for prosecution of defendants for this act under Article 179 of the Criminal Procedure Code of 2015. Criminal preparation, according to the author, is the pre-practice stage, which demonstrates the transition from criminal intent to objective behaviors such as finding the tools, means, planning or creating the conditions necessary to commit a crime. Although not directly harassing the object protected by law, in some statutory cases, this behavior has a significant degree of danger and is subject to criminal liability. On this basis, the article affirms that criminal preparation may be the basis for prosecuting the defendant if the agency conducting the proceedings collects sufficient evidence proving the intention to commit the crime, the specific preparation Act, the connection between the preparation Act and the intended execution offence, and that the offence is subject to processing from the preparatory stage. At the same time, the author emphasizes the requirement to apply the law with caution, ensuring the principle of innocent speculation, the right to defend and prevent wrongdoing in criminal proceedings.