Under the project “Capacity Building for the Vietnam Lawyers’ Association,” implemented in 2010 with the support of the United Nations Development Programme (UNDP)

Number of pages: 77
Author: NHQuang&Associates
Published Year: 2011

Abstract:
The right to legal defense is one of the fundamental human rights, recognized in the International Covenant on Civil and Political Rights (ICCPR). This right includes both the “right to active legal defense” and the “right to mandatory legal defense.” The latter not only refers to the right of the accused/suspect/detainee but also imposes a duty on the prosecuting authorities to ensure legal defense is provided. Vietnamese criminal law has provisions to guarantee this right to mandatory legal defense.

To comprehensively examine the nature and implementation of the “right to mandatory legal defense” under Vietnamese law, the study “Appointed councels in Vietnamese criminal laws and practice” was conducted with the following specific objectives:

To review and assess the implementation of provisions under the Criminal Code regarding court-appointed lawyers, including:

• The right to legal defense of the accused/suspect in cases where defense is mandatory; and
• Existing legal regulations and the role of socialization in ensuring the right to defense of the accused/suspect.

To review and evaluate cases in which the Criminal Code requires court-appointed lawyers, including statistical analysis and case studies related to the implementation of the right to defense for accused persons.

Suggested citation: NHQuang&Associates – Under the Project “Capacity Building for the Vietnam Lawyers’ Association,” Appointed councels in Vietnamese criminal laws and practice, 2011. Available at: https://www.undp.org/vietnam/publications/appointed-councels-vietnamese-criminal-laws-and-practice