Decree No. 69/SL of 1949 stipulates the right of suspects to seek legal defense from a citizen who is not a lawyer before ordinary courts and special courts in criminal cases involving petty and serious offenses. Suspects may choose their own defender, but such choice must be approved by the Chief Judge.
适用范围
Suspects in criminal cases before ordinary courts and special courts dealing with petty and serious offenses; citizens participating as defenders for suspects;
要点
- Suspects have the right to seek legal defense from a citizen who is not a lawyer (Article 1).
- The defender chosen by the suspect must be approved by the Chief Judge to participate in the defense (Article 1).
- If the suspect has no one to defend them, the Chief Judge may appoint someone to defend the suspect upon request or on their own initiative (Article 2).
- The appointed defender shall not receive remuneration from the suspect or relatives of the suspect; violation will be prosecuted as fraud (Article 3).
- Participants in defense shall not disclose secrets in case files or closed court sessions; violation will result in imprisonment and fines (Article 4).
🌐 本文件的社会影响
- Enhance self-defense rights for suspects before courts.
- It may impose a financial burden on the defender due to lack of remuneration.
- Reduce the likelihood of disclosing confidential information during proceedings, ensuring fairness and confidentiality of court sessions.
❓ 常见问题
What right does a suspect have to seek legal defense?
Suspects have the right to seek legal defense from a citizen who is not a lawyer (Article 1).
Does the defender receive remuneration?
No, defenders for suspects shall not receive remuneration from the suspect or relatives of the suspect (Article 3).
What if the suspect has no one to defend them?
The Chief Judge may appoint someone to defend the suspect upon request or on their own initiative (Article 2).
全文
DECREE-LAW
NO. 69/SL OF JUNE 18, 1949
PRESIDENT
VIETNAM DEMOCRATIC REPUBLIC
Pursuant to Decree-Law No. 13 dated January 24, 1946 and No. 51 dated April 17, 1946 organizing courts and defining the jurisdiction of courts;
Pursuant to Decree-Law No. 21 dated February 14, 1946 organizing military courts;
Pursuant to the decree-law organizing martial courts;
Pursuant to Directive No. 12-NV/CT dated December 29, 1946 organizing judicial proceedings in special circumstances;
At the proposal of the Minister of Justice, the Minister of Interior Affairs, and the Minister of National Defense;
In accordance with the resolution of the Council of Ministers after consultation with the Standing Committee of the National Assembly;
ISSUES THE FOLLOWING DECREE-LAW:
Article 1
Until a different regulation is established, before ordinary courts and special courts trying petty offenses and serious crimes, except for martial courts at the front, defendants may seek assistance from any citizen who is not a lawyer to defend them.
The citizen chosen by the defendant to represent them must be recognized by the Chief Judge.
Article 2
If the defendant does not have anyone representing them, the Chief Judge may, on their own initiative or at the request of the defendant, appoint a person to defend the defendant.
Article 3
The representative shall not receive any remuneration from the defendant or relatives of the defendant. Anyone violating this provision will be prosecuted and punished as fraud.
Article 4
Any person who discloses confidential information learned while reviewing case files, or during a closed hearing in court proceedings to which the public is not admitted, shall be sentenced to imprisonment for one to five years and fined from 1,000 dong to 10,000 dong.
Article 5
The Minister of Justice will issue a decree providing detailed regulations to implement this Decree-Law.
Article 6
The Ministers of Justice, Interior Affairs, and National Defense shall enforce this Decree-Law.
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