CRIMINAL PROCEDURE

CRIMINAL PRACTICE

Criminal procedure is one of the legal fields that attracts significant public attention. This field plays an important role in procedural activities in Vietnam. Currently, a large number of cases involving criminal elements are being handled by the People’s Courts and other competent authorities. First, let us join CELIGAL in reviewing the key aspects of criminal procedure.

What is Criminal Procedure?

Criminal procedure refers to the methods and procedural steps for carrying out activities by procedural authorities, procedural officials, procedural participants, as well as other state agencies and social organizations involved in the resolution of criminal cases in accordance with criminal procedural law.

Stages of Criminal Procedure

The stages of criminal procedure include initiation of criminal proceedings, investigation, prosecution, trial, and enforcement of criminal judgments. Criminal procedural law prescribes procedural order and methods to ensure that all criminal acts are promptly initiated, investigated, and handled strictly and lawfully; that no crime is left undiscovered and no innocent person is wrongfully convicted; that no person is unlawfully charged, detained, held in custody, restricted in civil rights, or infringed upon in terms of life, health, property, freedom, honor, or dignity; and that investigation, prosecution, and adjudication are conducted objectively, comprehensively, fully, accurately, and in accordance with the law.

Procedural Authorities and Procedural Officials

When participating in criminal proceedings, it is essential to clearly identify the subjects involved to avoid confusion and potential legal issues. The 2015 Criminal Procedure Code provides specific regulations on procedural authorities and procedural officials. Pursuant to Article 24:

• Procedural authorities include: Investigation Agencies, People’s Procuracies, and People’s Courts.
• Procedural officials include: Heads and Deputy Heads of Investigation Agencies, Investigators, Investigation Officers; Chief Procurators, Deputy Chief Procurators, Procurators, Inspectors; Chief Judges, Deputy Chief Judges, Judges, People’s Jurors, Court Clerks, and Court Examiners.

In addition to the above subjects, other agencies and individuals assigned to carry out certain investigative activities may also participate in criminal proceedings. The 2015 Criminal Procedure Code further provides detailed regulations on the duties and powers of each subject, particularly in Chapters III and IV.

Who is a Defense Counsel?

Under the law, a defense counsel must meet the following conditions:

• Be a person engaged by the accused or charged person to provide defense; or
• Be a person appointed by a competent procedural authority.

The defense counsel must be officially registered and accepted by the competent procedural authority.

In addition to the conditions above, the 2015 Criminal Procedure Code specifies who may act as a defense counsel in criminal cases. Accordingly, a defense counsel may be a lawyer, a legal representative of the accused, a people’s defense counsel, or a legal aid provider.

The Role of CELIGAL

CELIGAL is one of the law firms with experience in researching and handling criminal-related matters. With a team of highly qualified lawyers possessing many years of practical experience, we always propose the most appropriate solutions to assist clients in resolving their legal issues.

CELIGAL provides criminal legal services, including but not limited to the following:

• Reviewing and analyzing case files and relevant documents;
• Providing legal advice and applicable legal provisions relevant to clients’ requests;
• Advising on and drafting official correspondence and written responses to parties with related rights and obligations;
• Representing clients in working with competent authorities and related parties;
• Preparing case initiation dossiers upon clients’ request;
• Drafting necessary documents for procedural purposes;
• Representing clients and participating in court proceedings as defense lawyers to protect clients’ lawful rights and interests during mediation, first-instance, and appellate hearings;
• Assisting clients with cassation and reopening (extraordinary review) procedures before the courts.