Question: What rights does a defense lawyer in a criminal case have regarding the stages of the proceedings? In addition to applying current legal documents as a basis for defending the client, does the defense lawyer apply any other factors?

Answer:

First, The rights of defense lawyers in criminal cases are specified in Clause 1, Article 73 of the 2015 Criminal Procedure Code:

“a/ To meet with, and ask questions to, criminally charged persons;

b/ To be present when statements are taken from arrestees or persons held in custody, and when the accused are interrogated, ask questions to arrestees, persons held in custody or the accused if so consented by persons competent to take statements or to interrogate. At the end of the taking of statements or interrogation by competent persons, to ask questions to arrestees, persons held in custody or the accused;

c/ To be present in the confrontation, identification, voice recognition and other investigation activities in accordance with this Code;

d/ To be notified in advance by bodies competent to conduct the proceedings of the time and place of taking of statements and interrogation and time and place of other investigation activities in accordance with this Code;

dd/ To read written records of proceedings in which they have participated, and procedural decisions concerning persons whom they defend;

e/ To request replacement of persons competent to conduct the proceedings, expert witnesses, property valuators, interpreters and translators; to request change or cancellation of deterrent measures or coercive measures;

g/ To request the conduct of proceedings in accordance with this Code; to request the summon of witnesses, other proceeding participants and persons competent to conduct the proceedings;

h/ To collect and present evidence, documents, objects and claims;

i/ To investigate, assess, and present their opinions on, related evidence, documents and objects, and request persons competent to conduct the proceedings to examine and assess them;

k/ To request bodies competent to conduct the proceedings to collect evidence and perform additional expert assessment, expert reassessment or property revaluation;

l/ To read, take notes of, and copy, documents in case files relating to their defense since the completion of investigation;

m/ To participate in questioning and argument at court hearings;

n/ To file complaints about procedural decisions or acts of bodies and persons competent to conduct the proceedings;

o/ To appeal against the court’s judgments or rulings if defendants are aged under 18 or persons with physical or mental defects as prescribed in this Code”

 

Secondly, defense lawyers, in addition to applying current legal documents as a basis to defend their clients, also apply many different factors such as relying on precedents and judgments that have taken effect for their clients. with similar crimes to make specific and intuitive judgments about the client's behavior if those sentences are favorable to the client. In addition, lawyers can pay attention to the causes leading to their clients' crimes to provide appropriate defense directions. There are cases where difficult life circumstances and not the client's own wishes lead to the client's criminal acts. This should be documented so that the client can enjoy the leniency of the law. Thus, in addition to learning and applying current legal documents as a basis to defend their clients, lawyers need to comprehensively learn about the causes, the process of the case, and how to overcome the consequences. , encouraging the client to give sincere testimony so that the lawyer can come up with a reasonable defense plan to help the client enjoy the leniency of the law.

For more information, please contact us:

DRAGON LAW FIRM

Office address: Room 6, Floor 14, VIMECO Building, Pham Hung Road, Trung Hoa Ward, Cau Giay District, Ha Noi City, Vietnam

Branch address: No. 102 Lot 14, Le Hong Phong Road, Dang Lam Ward, Hai An District, Hai Phong City, Vietnam

Hotline: 1900 599 979

Mobile: 0983.019.109 / 0974.422.331/ 098.174.3559 (foreign clients)