Today, many cases have been brought to court. The composition of participants in court proceedings is very diverse, including defense counsels. So about the matter “Law on defense counsels in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Criminal Procedure Code 2015
What is defense counsel?
According to the provisions of Clause 1, Article 72 of the Criminal Procedure Code 2015, the concept of defense counsel is defined as follows:
Defense counsel is a person who is appointed by the accused person or a competent procedure-conducting agency and receives the registration of defense by the agency or person competent to conduct procedures.
Who is an defense counsel?
Pursuant to Article 72 of the 2015 Criminal Procedure Code, specific defense counsels are as follows:
– Defense counsel is a person appointed by the accused person or a competent procedure-conducting agency and who receives the registration of defense by a competent procedure-conducting agency or person.
– An advocate can be:
+ Lawyers;
+ Representative of the accused person;
+ People’s defense counsel;
+ Legal aid in case the accused is subject to legal aid.
– People’s defense counsels are Vietnamese citizens aged 18 years or older, loyal to the Fatherland, have good moral qualities, have legal knowledge, and are healthy enough to ensure the completion of assigned tasks. Committee of the Vietnam Fatherland Front or its member organizations shall appoint to participate in the defense of persons accused of being members of their organizations.
Note: The following situations are not justified:
+ The person who conducted the procedure for that case; relatives of the person who has been or is conducting the legal proceedings on that case;
+ Persons participating in that case as a witness, expert, property appraiser, interpreter or translator;
+ Persons being examined for penal liability, convicted persons whose criminal records have not been remitted, persons who are being applied administrative handling measures, and sent to compulsory detoxification establishments or compulsory education establishments.
– A defense counsel may defend multiple persons accused in the same case if their rights and interests are not in conflict.
Many advocates can defend an accused person.
Who gets to choose the defense?
Pursuant to Article 75 of the Criminal Procedure Code, defense counsels are chosen by the accused, their representatives or their relatives.
Persons who are arrested, detained or detained shall request defense counsels
Within 12 hours after receiving the request for defense counsel from the person arrested or detained, the managing competent agency shall have to transfer this petition to the defense counsel, representative or relative of the person arrested or detained. surname.
If the person arrested or held in custody does not name the defense counsel, the competent agency managing the arrested or detained person must transfer this petition to their representative or next of kin so that these persons can ask an advocate.
Within 24 hours from the date of receipt of a request for a defense counsel from a person in custody, the competent management agency shall have to transfer this petition to the defense counsel, their representative or their relatives. If the defense person’s name is not named, the governing authority must forward this application to their representative or next of kin so that they may ask for a defense.
A representative or loved one asks for a defense
If the representative or relative of the arrested person, the person held in custody or temporary detention has a written request for a defense counsel, the competent agency shall immediately notify the arrested person or temporarily detained person. detainees, detainees to give opinions on asking for defense counsels.
In addition, if the accused person is a member of the Vietnam Fatherland Front Committee and its member organizations, they or their representatives and relatives may request the Vietnam Fatherland Front Committee to and member organizations of the Front from districts, towns, towns and cities appoint people’s advocates to defend.
Law on defense counsels in Vietnam
Article 73 of the Criminal Procedure Code 2015 provides as follows:
The defense counsel has the right to:
+ Meet and ask the accused person;
+ To be present when taking testimonies of arrested or detained persons, when interrogating the accused, and if competent persons conducting testimonies or interrogation agree, may question the arrested, detained or detained persons. can. After each time of taking testimonies or interrogation of competent persons, the defense counsel may question the arrested person, the person held in custody or the accused;
+ To be present in confrontation, recognition, voice recognition and other investigative activities in accordance with this Code;
+ Be notified in advance by the competent procedure-conducting agency of the time and place for taking testimonies and interrogation and the time and place for conducting other investigative activities according to the provisions of this Code;
+ View minutes of procedural activities with their participation, procedural decisions related to the person they are defending;
+ Request for replacement of competent procedure-conducting persons, experts, property appraisers, interpreters, translators; propose change or cancellation of preventive and coercive measures;
+ Proposing to conduct procedural activities in accordance with the provisions of this Code; request to summon witnesses, other procedure participants and competent procedure-conducting persons;
+ Collect and present evidences, documents, objects and requests;
a/ To examine, evaluate and present opinions on relevant evidences, documents and objects and request competent procedure-conducting persons to examine and evaluate them;
+ Request the competent procedural authority to collect evidences, conduct additional assessment, re-examination and re-valuation of assets;
+ Read, take notes and copy documents in the case file related to the defense since the end of the investigation;
+ Participating in questioning and arguing at court sessions;
+ Complaints about procedural decisions and acts of agencies or persons competent to conduct procedures;
+ Appeal against court judgments or decisions if the defendant is under 18 years old or has mental or physical defects as prescribed by this Code.
The defense counsel is obliged to:
+ Use all measures prescribed by law to clarify circumstances that determine the innocence of the accused, circumstances that mitigate the criminal liability of the accused or defendants;
+ Help the accused legally to protect their legitimate rights and interests;
+ Not to refuse to defend the accused for whom he has assumed defense if it is not due to force majeure or objective obstacles;
+ Respect the truth; must not bribe, force or induce others to make false statements or provide untruthful documents;
+ To be present under the court’s summons; in case a defense counsel is appointed as prescribed in Clause 1, Article 76 of this Code, he/she must be present at the request of the investigating agency or the procuracies;
+ Not to disclose investigative secrets that they know when making defenses; not to use documents recorded or copied in the case file for the purpose of infringing upon the interests of the State, public interests, and lawful rights and interests of agencies, organizations and individuals;
+ Not to disclose information about the case or accused person that they know when defending, unless this person agrees in writing and must not use such information for the purpose of infringing upon the interests of the State. country, public interests, lawful rights and interests of agencies, organizations and individuals.
– If defense counsels violate the law, depending on the nature and seriousness of their violations, their defense registration will be canceled, they will be disciplined, administratively sanctioned or examined for penal liability; If causing damage, compensation must be made according to the provisions of law.
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Frequently asked questions
Article 75 of the Criminal Procedure Code stipulates that defense counsels shall be chosen by the accused, their representatives or their relatives.
In the following two special cases, if the subjects having the right to choose a defense counsel do not exercise their rights, the agency competent to conduct proceedings must appoint a defense counsel for them.
Case 1
The accused person is the accused; accused of crimes for which the Penal Code stipulates the maximum penalty frame is 20 years imprisonment, life imprisonment, death penalty.
Case 2
The accused has a physical weakness that cannot be defended; mentally handicapped or under 18 years of age.
According to current legal regulations, the time when the defense counsels participate in the proceedings is from the time of prosecuting the accused. In the case of arrest or temporary detention, the defense counsels shall participate in the proceedings from the time the arrested person is present at the headquarters of the investigating agency or the agency assigned to conduct a number of investigating activities or from the time the arrested person is present at the office of the investigating agency or agency assigned to conduct a number of investigating activities. decision on detention. In case it is necessary to keep the investigation secret for crimes infringing upon national security, the Chief Procurator of the Procuracy has the authority to decide to let the defense counsel participate in the proceedings from the end of the investigation.
Conclusion: So the above is Law on defense counsels in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
