Reconsidering Criminal Responsibility in Cases of Dissociative Identity Disorder: Legal Standards, Psychiatric Evidence, and Reform Pathways in Vietnam

Abstract

Dissociative Identity Disorder, characterized by the presence of two or more distinct identity states and recurrent memory gaps, presents significant challenges to the criminal justice system, particularly in determining criminal responsibility. Within Vietnam’s legal framework, the adjudication of DID-related cases remains underdeveloped, offering courts limited guidance. A comparative analysis of legal approaches in jurisdictions such as the United States, the United Kingdom, Australia, and Canada reveals divergent perspectives on criminal responsibility in DID cases, particularly regarding the authenticity of diagnoses and ethical considerations in adjudication. Vietnam faces substantial deficiencies in psychiatric evaluation procedures and judicial comprehension of Dissociative Identity Disorder. Addressing these challenges necessitates comprehensive legal and procedural reforms, including the formal recognition of Dissociative Identity Disorder in psychiatric assessments, the establishment of specialized diagnostic protocols, the adoption of tailored standards for criminal responsibility, the creation of dedicated forensic psychiatric institutions, and the systematic training of legal professionals. These reforms are essential to harmonizing Vietnam’s criminal justice practices with contemporary psychiatric knowledge and fundamental principles of fairness and justice.