How many people can a lawyer defend in one lawsuit in Vietnam?

How many people can a lawyer defend in one lawsuit in Vietnam? (Internet image) 

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

1. How many people can a lawyer defend in the same case?

According to Clause 5, Article 72 of the Criminal Procedure Code 2015, it is stipulated:

A defense counsel may defend various persons facing charges in one lawsuit if such persons' rights and benefits do not come into collision.

Various defense counsels may defend one person facing charges.

Clause 2, Article 72 of the Criminal Procedure Code 2015 stipulates that defense counsels may be:

- Lawyers;

- Representatives of persons facing charges;

- People’s advocates;

- Legal assistants for charged persons given legal aid.

Thus, according to the above regulations, lawyers can defend multiple people accused in the same case as long as their rights and interests do not conflict with each other.

2. Who cannot plead in criminal cases in Vietnam?

Specifically, Clause 4, Article 72 of the Criminal Procedure Code 2015 stipulates that the following individuals cannot plead:

- Having engaged in legal proceedings of the lawsuit; or being kindred of persons having engaged in legal procedure of the lawsuit;

- Having attended the lawsuit as witness testifiers, expert witnesses, valuators, translators, interpreters;

- Persons sentenced with criminal records sustained, facing criminal prosecution, or sent to mandatory rehabilitation or education centers through administrative measures.

3. Time of defense counsels' participation in legal proceedings in Vietnam

Article 74 of the Criminal Procedure Code 2015 stipulates the time of defense counsels' participation in legal proceedings as follows:

Defense counsels engage in legal proceedings upon the prosecution of suspects.

Defense counsels for arrestees and temporary detainees engage in legal proceedings upon the arrestees’ appearance in an office of investigation authorities or units assigned to carry out certain activities of investigation or upon the release of a decision on temporary detainment.

The head of the Procuracy is authorized, when confidentiality of investigations into national security breach is vital, to sanction defense counsels' engagement in legal proceedings after investigations end.

4. What are cases of appointment of defense counsels in Vietnam?

- 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.

- Competent procedural authorities must demand or ask the following organizations to assign defense counsels for the cases defined in Point 1 of Article 76 of the Criminal Procedure Code 2015:

+ A bar association assigns a law firm to appoint defense counsel(s);

+ A governmental legal aid center appoints a legal assistant or lawyer to defend persons qualified for legal aid;

+ The committee or affiliations of Vietnam Fatherland Front appoint people's advocate(s) for their personnel who face charges.

(Article 76 of the Criminal Procedure Code 2015)

Nguyen Ngoc Que Anh

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