Hello LSX, My brother recently had a fight with a group of young people in a park in District 9 and was detained by the regional police and prosecuted for the crime of disturbing public order. Due to difficult family economic conditions, we cannot afford to hire lawyers to defend. I don’t know if my brother can defend himself? So about the matter “The defendant’s right to defense under Vietnam law” Lety’s find out with LSX in the article below.
Legal grounds
- Criminal Procedure Code 2015
What is the right to defense?
Considering the concept of defense from the perspective of human rights, the right to defense is the totality of legal rights that allow the accused to use to refute part or all of the accusation or reduce criminal responsibility. for them. If defense is considered from the perspective of procedural activities, defense is the work performed by the accused and the defense counsel on the basis of the provisions of law in order to eliminate part or the whole of the accusation. reduce criminal liability for the accused. Defense is also approached from the perspective of a basic function in criminal proceedings. There are different views on the function of criminal proceedings. There is a point of view that considers the function of criminal procedure as the main direction of criminal procedure; there is a view that considers the function of criminal procedure as the main direction of activities of subjects in criminal procedure. the view that the functions of criminal proceedings are oriented and basic activities aimed at demarcating activities in the field of criminal proceedings of different subjects, within certain limits, on the basis of appropriate with the contents, purposes, rights and obligations of the parties to the proceedings.Article 16 of the 2015 Criminal Procedure Code recognizes this principle with the following content: “The accused person has the right to defend himself; Ask a lawyer or someone else to defend you. Agencies and persons competent to conduct procedures shall notify; explain and guarantee to the accused or victim; the involved parties fully exercise the right to defense; their legitimate rights and interests in accordance with the provisions of this Code”.
Accordingly, defense is also the right of the accused, the accused to present evidences and arguments, to be questioned and debated in the investigation and trial stages. Defendants and defendants can defend themselves, ask a defense counsel, or ask a lawyer to defend themselves. Investigating agencies, procuracies and courts have the duty to ensure that the accused and defendants exercise their right to defence.
Provisions of the law on defense counsels
Defense counsel means a person who is appointed by an accused person or a competent procedure-conducting agency and receives the registration of defense by a competent procedure-conducting agency or person. Accordingly, an advocate may be:
– Lawyer;
– The 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 fulfill their 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.
hus, the defense counsel prescribed by law must be a person who has full capacity for civil acts and capacity to bear penal liability for his or her acts; defense participants must have practice certificates issued by competent state agencies who are the subjects mentioned in the above content such as lawyers, people’s defense counsels, etc. to participate in defense activities for defendants in court proceedings.
The defendant’s right to defense under Vietnam law
The defendant’s right to defense in criminal proceedings is the sum total of rights provided for by law, allowing the accused to use in order to deny part or all of the accusations of the proceedings-conducting agency. to reduce or eliminate criminal liability in criminal cases or to protect their legitimate rights and interests.
Defendant defends himself
The right to self-defence is the specific procedural power of the accused and defendants recognized and guaranteed by law, allowing the accused and defendants to perform their own procedural acts and procedural rights to protect their rights and interests. their interests before the prosecuting agencies in the process of settling the case. Self-defense is one of the forms of exercising the right to defense of the accused and defendants and is an important content of the right to defense in criminal proceedings. The law allows the accused and defendants to carry out their own procedural acts such as giving evidence and making claims in their favor when participating in the proceedings without necessarily having the participation of the defense counsel. .
According to the provisions of Clause 3, Article 60 of the Criminal Procedure Code 2015, the accused has the following rights:
– To know the reason for being prosecuted;
– To be informed and explained about their rights and obligations according to regulations;
– Receive the decision to prosecute the accused; decide to change or supplement the decision to prosecute the accused, decide to approve the decision to prosecute the accused, decide to approve the decision to change or supplement the decision to prosecute the accused; decide to apply, change or cancel preventive and coercive measures; investigation conclusion; decide to suspend or temporarily suspend the investigation; decide to suspend or temporarily suspend the case; indictments, prosecution decisions and other procedural decisions as prescribed by this Code;
– Presenting statements, expressing opinions, not being forced to testify against themselves or forced to admit guilt;
– Present evidences, documents, objects and requests;
– Presenting opinions on relevant evidences, documents and objects and requesting competent procedure-conducting persons to examine and evaluate them;
– Request for assessment and valuation of assets; requesting the change of persons competent to conduct legal proceedings, experts, property appraisers, interpreters, translators;
– Defend yourself, ask an advocate;
– Read and record a copy of a document or digitized document related to the accusation, acquittal or a copy of another document related to the defense since the end of the investigation upon request;
– Complaints about procedural decisions and acts of agencies or persons competent to conduct procedures.
Defendant asks someone else to defend
The right to ask others to defend is the specific procedural power of the accused or defendants to defend themselves through the help of their lawyers, their lawful representatives, people’s advocates or legal assistants. under the provisions of the law. In practice, for different reasons, not all defendants and defendants have the ability to defend themselves effectively. Therefore, the law creates conditions for them to exercise their right of defense by being able to ask others to defend. Asking others to defend is an effective form of exercising the defense rights of the accused and defendants and contributes significantly to helping the procedure-conducting agency to settle the case objectively.
Agencies and persons competent to conduct legal proceedings shall have to notify, explain and ensure the accused to fully exercise their defense rights, their lawful rights and interests in accordance with the provisions of the Criminal Procedure Code.
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Frequently asked questions
Pursuant to Article 15 of the 2015 Criminal Procedure Code, the regulations on determining the truth of the case are as follows:
“Article 15. Determining the truth of the case
The responsibility to prove the crime rests with the agency competent to conduct the proceedings. The accused has the right but is not required to prove his innocence.
Within the ambit of their tasks and powers, the agency competent to conduct proceedings must apply lawful measures to determine the truth of the case in an objective, comprehensive and complete manner, and clarify the evidence. evidence to determine guilt and evidence to establish innocence, aggravating and extenuating circumstances of the accused’s criminal liability.”
Thus, according to the above provisions, the accused and defendants have the right but are not required to prove their innocence. The responsibility to prove the crime rests with the agency competent to conduct the proceedings.
According to Point dd, Clause 1, Article 4 of the 2015 Criminal Procedure Code, the following people are considered to be accused:
People arrested, people detained
Defendant, defendant
During the trial of the case, the accused and defendants in the case have the right to invite defense counsels to participate in defending, proving and clarifying the circumstances of their accusations. The defense counsels have the right and obligation to participate in the defense from the time of receiving the decision to prosecute the accused to conduct litigation at the court hearing and request the competent procedure-conducting agency to collect evidences, conduct additional expertise, re-appraisal and re-valuation of assets to prove the facts in the case.
Conclusion: So the above is The defendant’s right to defense under Vietnam law. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
