Circular 46: New Guidelines on the Procedures for Designating Defense Counsel

For individuals who are appointed defense counsel as stipulated in Article 76 of the 2015 Criminal Procedure Code, or for their representatives or relatives who submit a request for defense counsel, the Investigative Agency, Detention Centers, and Temporary Detention Facilities shall comply with the provisions of Article 3 and Article 4 of Circular 46/2019/TT-BCA. If such individuals, their representatives, or their relatives do not submit a request for defense counsel, the following procedures shall be followed:

Illustration (source: internet)

- Within 03 days from the date of receiving notification from the competent authority, if the representative or relative of the persons stipulated in Clause 1 of Article 76 of the 2015 Criminal Procedure Code does not submit a request for defense counsel, the authority handling the case shall proceed with the procedures for appointing defense counsel as stipulated in Clause 2 of Article 76 of the 2015 Criminal Procedure Code.- Upon receiving the document appointing a person under points a and b of Clause 3 of Article 78 of the 2015 Criminal Procedure Code, within no more than 24 hours, the investigator or investigation officer is responsible for meeting the accused persons stipulated in point a Clause 1 of Article 76 of the 2015 Criminal Procedure Code, the representative, or the relatives of the persons stipulated in point b Clause 2 Article 76 of the 2015 Criminal Procedure Code to receive their opinions regarding the appointment of defense counsel; the meeting must be documented, specifying the opinion of the accused, the representative, or the relatives regarding their agreement, change, or refusal of the appointed defense counsel. If there is agreement for the appointment of a defense counsel, the authority handling the case shall use this as a basis to carry out the defense registration procedures.- In the case of changing the defense counsel, if the accused, the representative, or relatives specify the defense counsel, the authority handling the case shall request or propose to the organization of the mentioned defense counsel for assignment; if no specific defense counsel is mentioned, the authority handling the case shall send the request to one of the organizations stipulated in points a and b Clause 3 of Article 78 of the 2015 Criminal Procedure Code for reassignment.- In the case of refusal of the defense counsel, the authority handling the case shall inform the appointing authority and the appointed defense counsel. The investigator or investigation officer is responsible for coordinating with the appointed defense counsel on the time to meet the accused stipulated in point a Clause 1 of Article 76 of the 2015 Criminal Procedure Code, the representative, or the relatives of the persons stipulated in point b Clause 2 Article 76 of the 2015 Criminal Procedure Code to confirm the refusal.

See the full text of the regulations in Circular 46/2019/TT-BCA effective from December 2, 2019.

Thu Ba

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