According to current legal regulations, Judges and Prosecutors are the two subjects exempted from training and taking an internship for practicing law. However, not all Judges and Prosecutors are entitled to the above benefits, and in some cases, it is even impossible for them to become Lawyers.
Article table of contents
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Salary table for Judges, Procurators, and Court Clerks
To be specific, according to the provisions of Clause 2, Article 1 of Decree 137/2018/ND-CP, the following 02 groups of individuals will not meet the standard of compliance with the Constitution, laws, and ethical standards to become a lawyer as stipulated in Article 10 of the Law on Lawyers:
Group 1: Individuals who have been subject to administrative, disciplinary, or criminal action or have conclusions involving acts of asset appropriation, exploitation, fraud, deceit, infringement on national security; conduct or speech affecting the reputation of the legal profession or causing damage to the legitimate rights and interests of organizations and individuals; participating in, inciting, bribing, or coercing others to disturb public order, commit acts of law violations, or violate the provisions at points b, d, e, g, i, or k of Clause 1, Article 9 of the Law on Lawyers; other intentional legal violations that resulted in disciplinary actions twice or more times are not qualified to become a lawyer.
Group 2: Individuals who have been disciplined under the laws regarding CB, CC, VC for which the disciplinary decision is still in effect, or have been terminated from their position and the decision has not expired for 03 years from the effective date, or have been subject to administrative sanctions involving judicial assistance, legal aid, regulations concerning damage to others' property, state secret protection, obstruction, resistance to inspections, control by public officials, or bribing public officials but the administrative sanction is not yet 01 year from the completion date of the sanction decision.
If a Judge or Procurator falls into Group 1 above, they will not be able to become a lawyer as they do not meet the standard for compliance with the Constitution, laws, and ethical standards. However, if they fall into Group 2, Judges or Procurators can still become lawyers if they satisfy the conditions:
- The disciplinary decision has expired;- 03 years have passed since the termination decision took effect;- 01 year has passed since the completion of the administrative sanction decision.
According to Decree 137, Judges or Procurators who have been criminally or disciplinarily punished to the extent of being dismissed from their post will not be exempt from training and internship period for practicing law.
Thanh Lam
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