LEGAL SERVICES IN THE FIELD OF CRIMINAL

LawFirm.Vn help clients with legal issues in criminal, criminal proceedings in Vietnam.

✅ Legal advice

✅ Participate in the proceedings

✅ Non-litigation representation

✅ Other Legal Services

I. Scope of delivery of legal services of the lawyer in the field of criminal

  • Legal advice:

Lawyers guide and make suggestions, help the client in drafting the text, papers related to the implementation of rights and obligations in their field and related fields.

  • Participate in the proceedings:

Lawyers participate in the protection of clients in criminal cases as: (1) defense counsel for accused persons (arrested persons, persons in custody, accused, defendants); (2) defenders of the legitimate rights and interests of the victim and involved parties (civil plaintiffs, civil defendants, persons with interests and obligations related to criminal cases); (3) the defender of the lawful rights and interests of the denounced or proposed to institute a lawsuit; (4) The authorized representative of the victim or involved party.

  • Non-litigation representation:

Lawyers represent clients to settle matters related to criminal cases and cases with criminal signs that lawyers have received according to the scope and contents stated in the legal service contracts.

  • Other Legal Services:

Lawyers provide other legal services in the criminal field, including: helping clients perform work related to administrative procedures; provide legal assistance in case of complaint settlement; translating, certifying documents, transactions and helping clients perform other tasks in accordance with law.

II. The specific problem in the field of criminal

General provisions

The basic content of the general provisions includes: Basis of criminal liability (Only a person or legal entity that commits a crime prescribed by the Penal Code is subject to criminal liability); Handling principles: Some important principles are applied during the proceedings such as: All criminals are equal before the law, regardless of gender, ethnicity, belief, religion, social class and status; Strictly punish those who are the masterminds, leaders, commanders, stubborn opponents, thugs, dangerous repeat offenders, taking advantage of positions and powers to commit crimes…

Provisions on the validity of the Criminal Code

The contents of this part, providing for the spatial and temporal effects of the Penal Code for criminal acts: The effect of the Penal Code on criminal acts in the territory of the Socialist Republic of Vietnam; The effect of the Penal Code on criminal acts outside the territory of the Socialist Republic of Vietnam; Effect of the Criminal Code on time.

Crime Regulations

Including regulations on crime classification (four categories: less serious crimes, serious crimes, very serious crimes and particularly serious crimes; Age of penal liability; Regulations on accomplices (organizers, practitioners, instigators, helpers)…

Cases of exclusion of criminal liability

The law stipulates cases of exclusion of criminal liability including: Unexpected events, legitimate defense, emergency situations, etc.

Regulations on the statute of limitations for examination of penal liability, exemption from penal liability

Regulations on the statute of limitations for criminal liability examination, cases in which the statute of limitations for criminal liability examination does not apply; Grounds for exemption from criminal liability…

Penalties

The main contents stipulate the purpose of the penalty, the main penalties such as: warning, fine, non-custodial reform, time imprisonment, life imprisonment, the death penalty, additional penalties such as: prohibition from holding certain positions, practicing certain professions or doing certain jobs, etc prohibition of residence, probation, confiscation of property…..

Regulations on penalty decisions

Including regulations on the basis for penalty decision, mitigating circumstances of penal liability such as: Offenders voluntarily repair, compensate for damage or remedy consequences; Committing a crime for the first time and belonging to less serious cases…, circumstances that aggravate criminal liability such as: Organized crime, recidivism or dangerous recidivism….

Regulations on expungement of criminal records

The person whose criminal record is expunged is considered to have not been convicted. Including provisions on automatic expungement of criminal records, expungement of internal criminal records under the decision of the Court and expungement of criminal records in special cases.

Regulations for persons under 18 years of age who commit crimes

Regulations for persons under 18 years of age who commit crimes include the principles of handling persons under 18 years of age who commit crimes, education and supervision measures applied in cases of exemption from penal liability such as reprimands, education in communes, wards, townships, etc.

Specific crime regulations

The law divides into specific groups of crimes such as crimes of infringing upon national security, crimes of infringing upon the life, health, dignity and honor of children, crimes of infringing upon property, etc.

III. Specific issues in the field of criminal proceedings

Regulations on procedure-conducting agencies, procedure-conducting persons, and procedure participants

According to the provisions of law, the procedure-conducting agency is a state agency, including: Investigation Agency, Procuracy and Court. Persons conducting the proceedings include: Heads, Deputy Heads of Investigating Agencies, Investigators; Procurators, Deputy Chairmen of Procuracies, Procurators; Chief Justices, Deputy Chief Justices of Courts, Judges, Jurors, Court Clerks. Procedure participants are persons involved in criminal acts, have legitimate rights and interests in the case or their participation is necessary to clarify the objective facts of the case.

Regulations on preventive and coercive measures

Preventive measures include: arresting people, temporary detention, temporary detention, prohibition from leaving the place of residence, guarantee, placing money or property as security. Coercive measures include: Distraint of assets related to criminal acts of legal entities; freezing accounts of legal entities related to criminal acts of legal entities; …

Regulations on prosecution and investigation of criminal cases

The prosecution of criminal cases takes place according to the following process: (1) Receiving denunciations and information about crimes and proposing the institution of criminal cases; (2) Checking and verifying information about crimes; (3) The decision to institute or not to prosecute the criminal case.

Investigation activities include: Prosecuting the accused and interrogating the accused; Taking testimonies of participants in the proceedings; Confrontation; Identification; Search; Distraint of assets; Scene examination; Autopsy; Examine the traces on the body; Investigation experiments; Appraise; Special procedural investigation measures.

Regulations on prosecution

Prosecution is the stage of criminal procedure, in which the Procuracy conducts necessary activities to prosecute the accused before the Court with an indictment or issue other procedural decisions to properly settle the criminal case.

During the prosecution stage, the Procuracy re-examines the process of investigating the case in order to detect errors in order to promptly correct and overcome violations in the investigation stage, avoiding possible consequences, such as unjust prosecution, wrongdoing, and omission of crimes.

Regulations on trial of criminal cases

The trial stage of a criminal case begins when the procuracy completes the indictment and transfers the case file along with the indictment to the Court for the first-instance trial stage.

The principle of adjudication of Vietnamese Courts is that the first-instance and appellate trials are guaranteed, this does not mean that every case must be tried at two levels, namely first-instance and appellate, but appellate procedures can only be conducted if there is an appeal or protest on the basis of law.

Regulations on deliberation and sentencing

Only members of the Trial Panel may participate in the deliberations. The presiding judge of the court session presiding over the deliberations is responsible for bringing up each issue of the case that must be resolved for discussion and decision by the Trial Panel.

After the conclusion of the deliberations, the Trial Panel returned to the courtroom to pronounce the sentence. In case of closed trial, only the decision in the judgment shall be read. After reading it, it is possible to explain more about the execution of the judgment and the right to appeal.

Provisions on review of legally effective judgments and decisions

The enforcement of court judgments and decisions must ensure compliance with law. The current law has provisions on judgments and decisions to be immediately enforced and the competence to issue judgment enforcement decisions; a number of procedures for execution of the death penalty, consideration of early release from prison with conditional limits, and expungement of criminal records..

Provisions on review of legally effective judgments and decisions

Legally effective judgments and decisions may be protested against for settlement according to cassation and reopening procedures. In which, cassation procedures are carried out because there are serious violations in the settlement of the case. The reopening procedure is carried out due to new circumstances that fundamentally change the content of the judgment or decision which the Court does not know when issuing such judgment or decision.

IV. Reasons why customers choose LawFirm.Vn’s services

  • Management thinking:

Combining legal thinking with management thinking, we believe that we can bring outstanding values to our clients.

  • Understanding customers:

Understanding the needs and desires of customers, we will bring customers the most suitable and effective solutions.

  • Professional Team:

With a team of lawyers and experts with experience in many fields, we can support clients in solving complex legal issues.

  • Partner system:

In close cooperation with professional partners in many related fields, we can support customers with total solutions.

  • Technology and network:

Applying technology (video calls, electronic contracts, sending and receiving electronic documents, electronic payments, etc.), along with a network of transaction offices in many localities, we support customers to easily access and use services, at a reasonable cost.

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