In a criminal case, the accused person can defend himself/herself or ask others to defend in accordance with the law, even choose which method, the main purpose is to protect rights and best benefit for the accused. Therefore, having a defense lawyer in criminal cases is necessary and extremely important.
1. Regulations on defense person in criminal cases
Under the provisions of the current Code of Criminal Procedure, people who are accused by compentent state agencies have the right to invite the defense person to protect their rights and interests in criminal cases. For special cases, if relatives do not invite defense counsels, competent state agencies will appoint defense person in the case: The person accused of being convicted has the highest penalty level is 20 years in prison, life imprisonment, death penalty or accused are people under 18 years of age, who have physical and mental disadvantages.
The defense person for the accused in criminal cases can be lawyers, representatives of the accused, the people's advocates, legal assistants. Each advocate can defend many people accused in the same criminal case if the rights and interests of the accused are not opposite. In contrast, an accused may invite many people to defend.
The main purpose of the defense is to ensure legitimate rights and interests for the accused, especially those who are under 18 years of age, and those who have high penalties according to each crime, this is an important regime in the criminal procedure code. However, not any individual can participate in the proceedings as an advocate, the current criminal procedural law stipulates that the following cases must not participate in the proceedings as a defense person:
- The person who has conducted criminal proceedings;
- The relatives of people who were / are conducting proceedings of criminal cases;
- Participants in a criminal case as the proceedings: witnesses, the property valuation, expert, translator, interpreter;
- People who are being examined for penal liability;
- Persons who have been convicted but not yet removed their criminal records ;
- Persons who are subject to one of the administrative remedies taken to compulsory educational institutions / compulsory detoxification establishments .
2. Rights and obligations of lawyers participating in defense in criminal cases
Pursuant to the provisions of the current law, the defense person has the following rights:
- Participate in legal proceedings such as: taking the testimony of detainees, interrogating the accused, meeting and asking the accused, participating in identification, confrontation and other investigation activities, ...
- To be informed in advance of the place and time when the competent agency has interrogated, taken testimony, conducted other investigation activities according to regulations;
- To be allowed to collect papers, documents, evidence, copy the case files, see the minutes of the proceedings involving the defense;
- To be allowed to propose changes of procedure proceeders and other subjects related to criminal cases according to regulations when having grounds to request changes;
- To be asked to convene persons with related rights and obligations, witnesses and people participating in the proceedings as well as those with other legal proceedings as prescribed by law;
- Allowed suggest state agencies competent to conduct the proceedings perform re-assessment, additional assessment, asset valuation and the collection of evidence;
- Participate in the questioning procedure at the trial and participate in the debate at the trial;
- Complaints of proceedings or complaints of decisions of competent persons, agencies conducting legal proceedings;
- Appeal the Judgment / Decision of the Court in some special cases.
In addition to the above rights, defense counsels have obligations as prescribed by law as follows:
- Use all measures in accordance with the law to clarify the facts of the case to determine the accused is innocent, the extenuating circumstances of criminal liability for the accused;
- Do not refuse to defend the accused person that has taken care of if it is not due to objective obstacles or force majeure reasons;
- Defense persons are obliged to help the accused legally;
- Defense persons are obliged to respect the truth, not to instigate, force or bribe others to provide untruthful documents or to make false statements;
- Must be present under the summons of the legal proceeding agency;
- Do not disclose information about the accused person, information about the case, the secret investigation that you know during the process of joining the defense;
- Do not use information related to the case, information about the accused, investigating secrets for the purpose of infringing on the interests of individuals, agencies, organizations, state interests and public interests.
3. Criminal cases where lawyers can participate in the defense
Under current Vietnamese law, all criminal cases, lawyers can participate in the defense at the request of clients or as designated by competent state agencies in some special case. So lawyers can participate in any defense stage of the criminal proceedings with the following criminal cases:
- Participate in defense in cases of crimes of infringing upon national security; undermining peace, fighting humanity and war crimes;
- Join defense in cases of crimes violating human life, health, infringing upon human dignity and honor;
- Join defense in cases of crimes infringing upon the freedom of people, freedom and democracy of citizens;
- Participate in excuses in cases of crimes property infringement;
- Participate in excuses in cases of crimes infringing on marriage and family regimes;
- Participate in defense in cases of crimes of violating economic management order;
- Join counsel in the case against the guilty about environment;
- Join counsel in the case against the drug crime;
- Join defense in cases of crimes infringement on public safety and public order;
- Participate in defense in cases of crimes infringing on administrative management order;
- Join counsel in the case against the guilty about positions;
- Participate in defense in cases of crimes infringing on judicial activities;
- Participate in defense in cases of crimes infringing on the obligations and responsibilities of the military personnel and the responsibility of the people attached to the army in combat and combat service.
4. Benefits and ways to contact a professional lawyer
There are many people who ask why they should contact a lawyer to invite a criminal case as an advocate? What are the benefits of inviting a lawyer to defend yourself or your relatives? Or does it take a lot of cost to invite lawyers to defend? What kind of tasks does the lawyer involved in the defense work? How does the process work? What are the proceedings that lawyers participate as defense person?
To solve these problems, please contact the hotline operator immediately by phone 0986.386.648 for advice, specific answers or scheduling advice directly with lawyers at the head office of Minh Khue Law Firm at 2nd floor, FAFIM Building, No. 19, Nguyen Trai Street, Thanh Xuan District, Hanoi City.
Along with a team of experienced litigation lawyers, highly qualified legal counsel, Minh Khue law firm provides you with legal service to defend in specialized criminal cases with reputation, quality assurance and high efficiency.
Look forward to your cooperation!
Sincerely ./ .
Litigation lawyer department - Minh Khue law firm