Can a lawyer plead twice in a case in Vietnam?

Can a lawyer plead twice in a case in Vietnam?

I asked a lawyer to defend the case of intentional injury in the first instance. Now through appeal, can that lawyer still be a defense counsel in this case? And let me ask you more, what are obligations of the lawyer defending the case?

Reply:

Pursuant to Clause 4, Article 72 of the Criminal Procedure Code 2015 stipulates as follows:

4. The following individuals cannot plead:

a) Having engaged in legal proceedings of the lawsuit; or being kindred of persons having engaged in legal procedure of the lawsuit;

b) Having attended the lawsuit as witness testifiers, expert witnesses, valuators, translators, interpreters;

c) Persons sentenced with criminal records sustained, facing criminal prosecution, or sent to mandatory rehabilitation or education centers through administrative measures.

Pursuant to Clause 2, Article 73 of the Criminal Procedure Code 2015, duties of defense counsels are stipulated as follows:

2. Defense counsels bear these duties:

a) Implement all measures as defined by the laws to clarify facts absolving persons facing charges or mitigating criminal liabilities of suspects and defendants;

b) Provide legal assistance to protect legitimate rights and benefits of persons facing charges;

c) 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;

d) Respect the truth and be inhibited to bribe, coerce or incite other people to provide false statements or documents;

dd) 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;

e) 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;

g) 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.  

Thus, as you mentioned, lawyers are completely allowed to continue defending at the appeal stage if they do not fall into one of the cases that cannot be defended as listed above and the lawyer's obligations are fulfilled according to Clause 2, Article 73 of this Code.

Can a lawyer plead twice in a case in Vietnam? (Image from the Internet)

Is the court required to appoint defense counsels when defendants do not hire defense counsels in Vietnam?

If the defendant does not have the means to hire a defense attorney, can the Court appoint a defense attorney? I have questions about the above issue. I hope you can answer them.

Reply:

Pursuant to Article 76 of the Criminal Procedure Code 2015, there are regulations on appointment of defense counsels as follows:

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, according to the above regulations in Vietnam, only when the defendant or suspect is charged with a crime for which the maximum penalty according to regulations is 20 years in prison, life imprisonment, death penalty or the person charged with a crime has physical disadvantages or mentally ill or under the age of 18 do not invite a defense counsel, then the Court will appoint a defense counsel for them.

In addition to appointing a defense counsel, the Court can appoint legal experts or other subjects to participate in the defense of the defendant in Vietnam.

Do criminal defense counsels be lawyers in Vietnam?

According to current criminal law regulations, is the person defending a criminal case required to be a lawyer?

Reply:

Pursuant to Clause 2, Article 72 of the Criminal Procedure Code 2015, regulations on defense counsel are as follows:

2. Defense counsels may be:

a) Lawyers;

b) Representatives of persons facing charges;

c) People’s advocates;

d) Legal assistants for charged persons given legal aid.

Thus, comparing the above regulations in Vietnam, it can be seen that the defense counsel is not required to be a lawyer but can be other subjects such as the Representative; People's advocates or legal assistants mentioned above.

Best regards!