When Can Lawyers Meet Their Clients During the Investigation Phase?

Translation

Section 1, Article 73 of the Criminal Procedure Code 2015 stipulates that defense counsel has the following rights:

- To meet and question the accused.

- To be present during the taking of statements from the arrested person, the temporarily detained person, and during the interrogation of the accused; and if consented by the authorized person conducting the statement taking or interrogation, to question the arrested person, the temporarily detained person, and the accused. After each authorized person's statement taking or interrogation session ends, the defense counsel may question the arrested person, the temporarily detained person, and the accused.

Illustrative image (Source: Internet)

Additionally, Section 3, Article 22 of the Law on Temporary Detention and Custody 2015 also stipulates: "Defense counsel is entitled to meet the detained person or the temporarily imprisoned person for defense purposes according to the provisions of the Criminal Procedure Code and this law at the working room of the detention facility or the place where the detainee or the temporarily imprisoned person is undergoing medical examination or treatment; presenting identification papers and defense-related documents."

Notably, the Ministry of Public Security recently issued Circular 46/2019/TT-BCA with regulations to ensure the rights of the accused and to facilitate lawyers in better defending their clients.

To be specific, Section 1, Article 12 of Circular 46/2019/TT-BCA stipulates that when defense counsel requests to meet with their client and presents the defense notice document and lawyer card, ID card, or citizen ID card, the agency handling the case must arrange for the defense counsel to meet their client and inform the defense counsel of the rules of the investigation agency's office and require the defense counsel to comply strictly.

In cases where the defense counsel requests to meet a detained person or an accused who is temporarily imprisoned, the managing agency of the detained person or temporarily imprisoned person must notify the handling agency of the case for arranging necessary supervision cooperation during the meeting if deemed necessary.

Notably, Section 3, Article 12 of Circular 46 stipulates that the Investigation Agency and Detention Facility cannot limit the number of times and duration of each meeting between the defense counsel and the detained or temporarily imprisoned accused.

Therefore, according to the above regulations, lawyers will no longer be restricted by the number of times and duration of meetings with their clients and there will be two cases where defense counsel can meet their clients when detained, temporarily imprisoned, or temporarily held during the investigation phase:

- First, private meetings and working sessions of the defense counsel with their client. Subsequently, the detention facility must address the meeting request of the defense counsel, and in the case of meeting with a detained or temporarily imprisoned person, notify the handling agency of the case to arrange supervision if deemed necessary.

- Second, the defense counsel participates in working sessions, interrogations according to the investigation agency's plan; may only ask questions with the investigator's consent.

Thanh Lam

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