When is the time of defense counsels' participation in legal proceedings? What are the rights and duties of defense counsels in Vietnam?
When is the time of defense counsels' participation in legal proceedings in Vietnam?
Pursuant to Article 74 of the Criminal Procedure Code 2015 as follows:
- 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.
When is the time of defense counsels' participation in legal proceedings? What are the rights and duties of defense counsels in Vietnam? (Image from the Internet)
What are the rights and duties of defense counsels in Vietnam?
Rights and duties of defense counsels according to Article 73 of the Criminal Procedure Code 2015 are as follows:
Defense counsels are entitled to:
- Meet and inquire about persons facing charges;
- Be present during the extraction of statements from arrestees and temporary detainees or the interrogation of suspects, and question arrestees, temporary detainees and suspects with the consent of individuals authorized to acquire statements or conduct interrogation. After authorized individuals end a session of statement extraction or interrogation, defense counsels may raise questions to arrestees, temporary detainees and suspects;
- Engage in the activities of confrontation, identification, recognition of voice and other investigative activities as per this Law;
- Be informed by competent procedural authorities of timing and location for taking statements or interrogating, and schedule and venue for other activities of investigation as per this Law;
- Read the records of legal proceedings, in which they have participated, and decisions on legal procedure against persons whom they defend;
- Request the replacement of persons given authority to institute legal proceedings, expert witnesses, valuators, interpreters and translators; and request the changes or termination of preventive and coercive measures;
- Petition for legal proceedings according to this Law; for summoning of witness testifiers, other participants in legal procedure or authorized procedural persons;
- Gather and present evidences, documents, items and request;
- Inspect, assess and confer on relevant evidences, documents and items and request authorized procedural persons to check and evaluate such;
- Request competent procedural authorities to collect evidences, add or repeat expert examinations or revaluate property;
- Read, transcribe and photocopy documents from case files related to their activities of pleading upon the end of investigations;
- Engage in debates and questioning sessions in court;
- File complaints about competent procedural authorities and persons’ decisions and legal proceedings;
- Lodge appeals against the Court’s judgments and rulings if defendants are less than 18 years old or have mental or physical defects as per this Law.
Defense counsels bear these duties:
- Implement all measures as defined by the laws to clarify facts absolving persons facing charges or mitigating criminal liabilities of suspects and defendants;
- Provide legal assistance to protect legitimate rights and benefits of persons facing charges;
- Preserve no right to refuse to defend charged persons whom they have agreed to plead for, if excuses do not rely on force majeure or objective obstacles;
- Respect the truth and be inhibited to bribe, coerce or incite other people to provide false statements or documents;
- Appear as per the Court’s subpoena; or, if defense counsels are appointed according to Point 1, Article 76 of this Law, as per a subpoena by investigation authorities or The procuracy;
- It is inhibited to disclose investigation secrets perceived during their activities of pleading; or exploit documents transcribed or copied from case files to violate the government’s interests, public benefits, legitimate rights and benefits of authorities and entities;
- It is forbidden to divulge information on the lawsuit and charged person, which they attain when pleading, unless otherwise agreed by the accused person. It is inhibited to exploit such information to infringe the Government’s interests, public benefits, legitimate rights and benefits of authorities and entities.
Note: If defense counsels break laws, their registration of pleading shall become void and they shall face disciplinary or administrative penalties or criminal prosecution according to the nature and severity of their violations. Moreover, they shall incur amends for damages, if caused, according to the laws.
Who are defense counsels in Vietnam?
Pursuant to Clause 2, Article 72 of the Criminal Procedure Code 2015, defense counsels may be:
- Lawyers;
- Representatives of persons facing charges;
- People’s advocates;
- Legal assistants for charged persons given legal aid.
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