Vietnam Criminal Defense Manual - Defending a criminal case
Every criminal case starts with a charge or an arrest. The legal standards for instigating a case are found in Articles 6, 48, 49 of the Criminal Procedure Code of Vietnam. (The "CPC") Except in cases when an accused is arrested during the act, a "red-handed offence," the People's Prosecutor will charge an individual with a crime. (See, CPC, Articles 33, 34, 35). The accused will then be placed in the custody of the police. Under Articles 11, 48, 49 of the CPC, a detained or charged has the right to defend himself, retain a legal defender or have a legal defender appointed.
- Practice Tip No 1:
The detained or charged person has the right to
1) be informed of the reason of detention or charge,
2) be informed of their rights and obligations, 3) defend himself or retain a legal defender.
See, CPC, Articles 48 & 49. The legal requirements that must be met before arrest are found