Can accused persons refuse defense counsels appointed by the Court in Vietnam?
In which criminal cases where the Court appoints defense counsels, the accused persons have the right to refuse the defense counsels appointed by the Court? Hope to have your answer.
In what cases does the court appoint a defense counsel in Vietnam?
Pursuant to Clause 1, Article 76 of the Criminal Procedure Code 2015 has the following provisions:
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.
Thus, according to the above provisions in Vietnam, in case defendants facing charges that may lead to the harshest sentence of 20 years in prison, life imprisonment or death, persons facing charges and not capable of defending themselves without inviting a defense counsel. The Court appoints a defense counsel.
Can accused persons refuse defense counsels appointed by the Court in Vietnam?
Pursuant to Article 77 of the Criminal Procedure Code 2015, there are provisions as follows:
1. The following persons are entitled to reject or request the replacement of defense counsels:
a) Persons facing charges;
b) Representatives of persons facing charges;
c) Kin of persons facing charges.
All rejections or replacements of defense counsels must be approved by persons facing charges, executed in writing and inputted in case files, unless otherwise stated in Point b, Section 1, Article 76 of this Law.
2. If kin of arrestees, temporary detainees or persons in detention reject defense counsel(s) during the stage of investigation, the investigator and such defense counsel(s) shall directly meet the person in custody to confirm the rejection.
3. If a defense counsel is appointed according to Point 1, Article 76 of this Law, the accused person and his representative or kin shall preserve the right to petition for the replacement or rejection of such defense counsel.
If a defense counsel is replaced, a new defense counsel shall be appointed according to Point 2, Article 76 of this Law.
If a defense counsel is rejected, competent procedural authorities shall record in writing such rejection by accused persons or their representatives or kindred according to Point b, Section 1, Article 76 of this Law, shall terminate the appointment of defense counsels.
Thus, based on the above provisions in Vietnam, the accused person still has the right to refuse the defense counsel appointed by the Court.
Best Regards!
