AsianLII [Home] [Databases] [WorldLII] [Search] [Feedback] [Help]

The Supreme People's Court of Vietnam: Benchbook Online

You are here:  AsianLII >> Databases >> The Supreme People's Court of Vietnam: Benchbook Online >> 4.1.4. The Court should ensure legal assistance for the juvenile offender

[Table] [Database Search] [Name Search] [Previous Part] [Previous Section] [Next Section] [Next Part] [Vietnamese] [Help]


 
4.1.4. The Court should ensure legal assistance for the juvenile offender


Related legal documents
  • CrPC (Article 305)
  • Resolution No. 03/2004/NQ-HDTP dated 2 October 2004 of the SPCJC (hereinafter referred to as Resolution No. 03/2004) (Part II)

  • Main tasks and practical skills

    • The Judge should check whether the accused, who is a juvenile, or their legal representative has selected any defence counsel. If yes, the Judge should refer them to Item 2 of Article 305 of the CrPC, which stipulates that the Court shall not request an authorized body or organization to appoint a defence counsel for the accused. If the accused or their legal representative still requires the appointment of a defence counsel, or if the accused or their legal representative has not been able to select any defence counsel, the Court shall request the Bar Association to ask a law office to appoint a defence counsel for the accused, the Court shall suggest the Committtee or the Youth Section of the Vietnam’s Fatherland Front appoint a defence counsel for such accused who is one of its members.
    • The request for defence counsel, resolution of the case where the accused, who is a juvenile, or their legal representative refuses or alters the defence counsel, must be in accordance with the guidelines as provided in Part II of Resolution No. 03/2004.
    • The paper of approval of Defence Counsel must follow Form 03a (promulgated with Resolution No. 03/2004).