Who has the right to select defense counsels in criminal proceedings in Vietnam? When is the time of defense counsels' participation in criminal proceedings in Vietnam?
Who has the right to select defense counsels in criminal proceedings in Vietnam?
Pursuant to Article 75 of the 2015 Criminal Procedure Code of Vietnam stipulating as follows:
Selection of defense counsels
1. Defense counsels are selected by the accused person, his representative or kindred.
2. In 12 hours upon receiving a written request for defense counsel(s) from an arrestee or temporary detainee, competent authorities managing such arrestee and temporary detainee are responsible for conveying such request to the defense counsel(s), their representatives or kindred. If an arrestee or temporary detainee does not specify a defense counsel, competent authorities managing such arrestee or temporary detainee must impart his written request to a representative or kindred, who shall seek defense counsel(s).
In 24 hours upon receiving a written request for defense counsel(s) from a person held in detention, competent authorities managing such person are responsible for conveying such request to defense counsel(s), their representative or kindred. If a person in detention does not specify a defense counsel, competent authorities managing such person shall give his written request to a representative or kindred, who shall seek defense counsel(s).
3. If a representative or kin of arrestees, temporary detainees or persons in detention lodge a written request for defense counsel(s), competent authorities are responsible for promptly informing such persons in custody to attain their opinions on soliciting defense counsels.
4. Personnel of the Committee or affiliations of Fatherland Front in districts, communes, provincial cities or centrally-affiliated cities' metropolis, or their representatives or kindred request the said authorities to assign people’s advocate(s) to defend such personnel, who face charges.
Thus, the the accused person, his representative or kindred will have the right to select defense counsels in criminal proceedings.
Who has the right to select defense counsels in criminal proceedings in Vietnam? When is the time of defense counsels' participation in criminal proceedings in Vietnam?
In what cases will a defense counsel be appointed?
Pursuant to Article 76 of the 2015 Criminal Procedure Code of Vietnam stipulating as follows:
Appointment of defense counsels
1. Competent procedural authorities shall appoint defense counsels, who are not sought by accused persons, their representative or kin in the following events:
a) Suspects or defendants facing charges that may lead to the harshest sentence of 20 years in prison, life imprisonment or death as per the Criminal Code;
b) Persons facing charges and not capable of defending themselves due to physical defects; those with mental disabilities or those under 18 years of age.
2. Competent procedural authorities must demand or ask the following organizations to assign defense counsels for the cases defined in Point 1 of this Article:
a) A bar association assigns a law firm to appoint defense counsel(s);
b) A governmental legal aid center appoints a legal assistant or lawyer to defend persons qualified for legal aid;
c) The committee or affiliations of Vietnam Fatherland Front appoint people's advocate(s) for their personnel who face charges.
Thus, competent procedural authorities shall appoint defense counsels, who are not sought by accused persons, their representative or kin in the following events:
- Suspects or defendants facing charges that may lead to the harshest sentence of 20 years in prison, life imprisonment or death as per the Criminal Code;
- Persons facing charges and not capable of defending themselves due to physical defects; those with mental disabilities or those under 18 years of age.
When is the time of defense counsels' participation in criminal proceedings in Vietnam?
Pursuant to Article 74 of the 2015 Criminal Procedure Code of Vietnam stipulating as follows:
Time of defense counsels' participation in legal proceedings
Defense counsels engage in legal proceedings upon the prosecution of suspects.
Defense counsels for arrestees and temporary detainees engage in legal proceedings upon the arrestees’ appearance in an office of investigation authorities or units assigned to carry out certain activities of investigation or upon the release of a decision on temporary detainment.
The head of the Procuracy is authorized, when confidentiality of investigations into national security breach is vital, to sanction defense counsels' engagement in legal proceedings after investigations end.
According to the above provisions, the defense counsels engage in criminal proceedings upon the prosecution of suspects.
LawNet
