ADVICE ON CRIMINAL LAW IN VIETNAM

Currently, the needs of the arrestee, the accused and the concerned parties need the help of lawyers in criminal cases is huge, not to mention the courts at all levels which must appoint lawyers for the accused in cases prescribed by law which must have lawyers. Also, in practice, for many different reasons, not all persons have the ability to defend themselves effectively, especially when that person has restricted some certain powers in a criminal case.

Therefore, clients need to Lawyers, wishing their rights and legitimate interests are protected by law and lawyers who help them tell the thoughts and aspirations before the authority conducting proceedings. Under the provisions of law, the arrestee, the accused may request Lawyer to defend from the investigation stage (prosecute) and during the proceedings to solve criminal cases. For the start of emergency and arrested or flagrant offenders are being hunted, the lawyers involved in the proceedings since the decision to temporary custody. Moreover, engaging in criminal cases, Lawyer will have certain powers to defend the arrestee, the accused that others do not get.

Understanding the needs of client and the role of lawyers in each stage of the criminal case, LVT Lawyers with a team of lawyers with many years of experience in defending clients in criminal cases with the enthusiasm and dedication in their work, LVT Lawyers always accompany with clients throughout the process of investigation, prosecution and trial to protect the legitimate rights and interests of the clients.

To proceed with a criminal case, the law stipulates five stages of the proceedings as follows: the stage of criminal prosecution, the stage of criminal investigation, the stage of prosecution, the stage of trial and the stage of judgment enforcement.

Step 1: Stage of prosecution of criminal cases: Starting time is after receiving the first information on the performance of the offense, Lawyer starts participating from issuing the decision on prosecution to the arrestee and ends with decision on suspending the investigation or the conclusions of the investigation and recommendation of prosecution.

What does Criminal lawyer do? Criminal lawyer would have legal advice to the arrestee, the concerned person  conduct exchanges and propose necessary matters with the Investigation Agency, Procuratorate cy to ensure the rights of the arrestee, the person concerned as summoning the witnesses, cancelling or replacing the preventive measures (such as the accused in custody or out on bail ...).

Step 2: Stage of criminal investigation: This phase begins when the agency conducts criminal proceedings with competence to issue decisions to prosecute the criminal cases and ends with the conclusion of the investigation and decision of the Investigation Agency on the recommendation to the Procuratorate prosecutes the accused before the Court or suspend the criminal case.

What does Criminal lawyer do? In this stage the lawyers involved in the taking of statements, interrogations, collecting evidence and detecting violations of the investigation agency, thereby making the request, propose to protect the rights pf the arrestee and concerned persons in the investigation stage and lawyers conduct necessary procedures to participate in the defense in Court.

Step 3: Stage of prosecution: The timing of this stage began when the Procuratorate received the documents of criminal cases (including the conclusion of the investigation and recommendation on prosecution) delivered by the Investigation Agency and ended up when the Procuratorate issues one of three decisions: Prosecute the arrestee before court by the indictment (conclusion of guilt); return the records for additional investigation; Suspend or temporarily suspend the criminal cases.

What does the Criminal lawyer do? Lawyers study dossiers, consolidate of evidence to protect the arrestee, the accused, conduct exchanges and the recommend the Procuratorate in case of necessity.

Step 4: Stage criminal trial: This stage is divided into two phases: the preparation phase and the trial phase in criminal court.

What does Criminal lawyer do? This is a very important stage, lawyers will conduct the necessary work such as researching documents; consulting and discussing with the arrestee, accused; collecting documents and evidence; conducting interrogation and debating at the hearing in order to protect clients in the best way, the most effective.

Step 5. Stage of enforcement of criminal judgment: As the time of the judgment and the decision of the Court are put into implementation.

What does Criminal lawyer do? This is to help the family of the convicted person to write a complaint, write petitions for commutation of sentence, make an application for postponement, application for temporary suspension of judgment...

With the criminal stage above, LVT Lawyers, with the Lawyers specialized in criminal cases, will give clients peace of mind about legal work through the following:

  • Legal counseling, to defend and protect the rights of the arrestee, the accused and the person concerned;

  • Meeting the arrestee, the accused, the concerned persons is in detention;

  • Joining for testimony, interrogation with investigation agency.

  • Proceeding to collect evidence in order to protect the rights of the arrestee, the accused, the concerned persons;

  • Exchanging and proposing necessary matters with the Investigation Agency, Procuratorate;

  • Copy, reading and researching materials, documents in the case;

  • Making complaints of decisions and acts of the Agency of Investigation, Procuratorate, Court and other agencies conducting the proceedings;

  • Conducting the interrogation and debating at the hearing.

  • Appealing judgments and decisions of courts in some cases law.