Who is the defender? What cases are not allowed to participate in defense in Vietnam?

In the course of criminal case proceedings, defense counsels have an important role to play, especially when "defusing crimes" in court trials. So what's the defense? What cases are not allowed to participate in defense in Vietnam?

Who is the defender? What cases are not allowed to participate in defense in Vietnam? (Illustration)

 1. Who is the defense counsel?

Defense counsels are persons appointed by persons accused of applying for defense or by bodies competent to conduct procedures and received by bodies or persons competent to conduct procedures for the registration of defense in Vietnam. (According to Clause 1, Article 72 of the Criminal Procedure Code 2015)

2. Persons entitled to participate in defense at Vietnamese Courts

- Lawyers

- Representative of the person charged

- Defender

- Legal aid in case the accused person is the subject of legal aid.

In which, the defense counsels are Vietnamese citizens 18 years of age or older, loyal to the Fatherland, have good moral qualities, have legal knowledge and sufficient health to ensure the fulfillment of their assigned tasks, and are appointed by the Vietnam Fatherland Front Committee or a member organization of the Front to participate in the defense of persons accused of being members of their organizations. (According to Clause 2, Article 72 of the Criminal Procedure Code 2015)

3. Cases of refusal to participate in defense at Vietnamese Courts

- Persons who have conducted procedures for such cases; relatives of persons who have conducted or are conducting procedures for such cases.

- Persons participating in such cases in the capacity as witnesses, expert-witnesses, asset appraisers, interpreters or translators.

- Persons who are being examined for penal liability, convicts who have not been expunged their criminal records, persons who are being administratively sanctioned and put into compulsory rehab establishments or compulsory education establishments in Vietnam.

(According to Clause 3, Article 72 of the Criminal Procedure Code 2015)

Note:

- A defense counsel can defend many people who are accused in the same case if their rights and interests are not opposed.

- Many defenders can defend a person accused in Vietnam.

(According to Clause 5, Article 72 of the Criminal Procedure Code 2015)

Quoc Dat

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