Cases where competent procedural authorities shall appoint defense counsels under the Criminal Procedure Code 2015

Cases where competent procedural authorities shall appoint defense counsels under the Criminal Procedure Code 2015 (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Cases where competent procedural authorities shall appoint defense counsels under the Criminal Procedure Code 2015

Specifically, Clause 1, Article 76 of the Criminal Procedure Code 2015 stipulates that competent procedural authorities shall appoint defense counsels, who are not sought by accused persons, their representative or kin in the following events:

- 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;

- Persons facing charges and not capable of defending themselves due to physical defects; those with mental disabilities or those under 18 years of age.

2. Procedures for registration of defense counsel in Vietnam under the Criminal Procedure Code 2015

Pursuant to Article 78 of the Criminal Procedure Code 2015, procedures for registration of defense counsel in Vietnam are as follows:

- In all legal proceedings, a defense counsel must register his activities of pleading.

- A defense counsel, when registering activities of pleading, must present these documents:

+ A lawyer shall present his lawyer registration card with a certified copy of such, and the letter of application for defense counsel by representatives or kin of accused persons;

+ A representative of accused persons must present identity card or citizen identification card with certified copies of such, and the letter of confirmation by competent authorities of their relationship with the accused persons;

+ A people’s advocate must present his identity card or citizen identification card with certified copies of such, and the letter of appointment b the Committee and affiliations of Vietnam Fatherland Front;

+ A legal assistant or solicitor providing legal aid must present the letter of appointment by legal aid providers and his legal assistant's card or lawyer registration card, respectively, with certified copy of such.

- If a defense counsel is appointed as per Article 76 of the Criminal Procedure Code 2015, the following papers must be presented:

+ A lawyer shall present his lawyer registration card with certified copy of such and the letter of appointment by the law firm at which such lawyer practices law, or the letter of assignment by the bar association for individual lawyers;

+ A people's advocate shall present his identity card or citizen identification card with certified copy of such and the letter of appointment by the Committee or affiliations of Vietnam Fatherland Front;

+ A legal assistant or solicitor providing legal aid shall present his legal assistant’s card or lawyer registration card, respectively, with certified copy of such and the letter of appointment by a governmental legal aid center.

- In 24 hours upon receiving sufficient documents as stated in Point 2 or Point 3 of Article 78 of the Criminal Procedure Code 2015, competent procedural authorities must verify such papers and the absence of an application for rejection of defense counsel as stated in Point 5 of Article 78 of the Criminal Procedure Code 2015.

Competent procedural authorities, upon completing its verification, shall enter information into a written record for registration of defense counsel, promptly send a notice of defense counsel to the entities registering such defense counsel, and retain papers regarding the registration of defense counsel in the case file.

If requirements are not satisfied, denial of registration of defense counsel and reasons shall be informed in writing.

- Competent procedural authorities deny the registration of defense counsel in one of the following events:

+ As per Point 4, Article 72 of the Criminal Procedure Code 2015;

+ The accused person and qualified for defense counsel appointment rejects a defense counsel.

- The written notice of defense counsel takes effect during legal proceedings, save the following events:

+ The accused person rejects or requests to have the defense counsel replaced;

+ A representative or kin of the accused person, according to Point b, Section 1, Article 76 of the Criminal Procedure Code 2015, reject or request to have the defense counsel replaced;

- Competent procedural authorities remove the registration of defense counsel and inform the defense counsel and detention facility in one of the following events:

+ The defense counsel falls to circumstances as defined in Point 4, Article 72 of the Criminal Procedure Code 2015;

+ The laws are violated during the progress of pleading.

Ho Quoc Tuan

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