The Ministry of Public Security has recently issued Circular 46/2019/TT-BCA stipulating the responsibilities of the People's Public Security forces in implementing the provisions of the 2015 Criminal Procedure Code related to ensuring the right to defense of persons detained in urgent cases, persons arrested in cases of flagrante delicto or according to a wanted decision, persons temporarily detained, and the accused; protecting the legitimate rights and interests of the victims, litigants, persons denounced, persons proposed for prosecution.
According to Circular 46/2019/TT-BCA, in cases where a person is held in emergency detention, the process for exercising the right to legal counsel is as follows:
Illustrative image (source: internet)
- In cases where a person held in emergency detention submits a request for legal counsel: Within 12 hours from receiving the request for legal counsel, the agency that received the request from the person held in emergency detention is responsible for forwarding this request to the legal counsel, representative, or relative of the person held in emergency detention. If the person held in emergency detention does not specify a legal counsel, the receiving agency must forward the request to their representative or relative so that these individuals can arrange for legal counsel. This forwarding can be done via postal service or directly at the agency's office if the legal counsel, representative, or relative wishes to receive it directly at the office and signs the receipt book of official correspondence and documents. The forwarding process can coincide with notifying their representative or relative. During the forwarding process, if the person held in emergency detention is placed under temporary detention, the procedures for registering legal counsel continue without needing to re-register for the person under temporary detention.- In cases where a person held in emergency detention does not request legal counsel: Within 12 hours from completing the record of receiving the Emergency Detention Order, the agency managing the person held in emergency detention must notify their representative or relative. If the person held in emergency detention is placed under temporary detention, the procedures specified in Clause 1, Article 3 apply.- In cases where it is necessary to keep the investigation confidential for crimes infringing national security: The competent Procuracy Director decides when the legal counsel may participate in the proceedings from the conclusion of the investigation. The investigator or investigation officer must notify the person held in emergency detention, the detained person, the temporarily detained person, and the accused person of the Procuracy Director's decision.
View the complete regulations at Circular 46/2019/TT-BCA effective from Circular 46/2019/TT-BCA.
Thu Ba
Address: | 19 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City |
Phone: | (028) 7302 2286 |
E-mail: | info@lawnet.vn |