Difference between revisions of "Vietnam Criminal Defense Manual - First meeting with client"

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Petition the court with special focus on both the factual and legal violations.  See, Article 6 of the Constitution prohibiting coercion and CPC, Article 58 of the Criminal Procedure Code allowing for defense counsel to be present at the time of interrogation.
 
Petition the court with special focus on both the factual and legal violations.  See, Article 6 of the Constitution prohibiting coercion and CPC, Article 58 of the Criminal Procedure Code allowing for defense counsel to be present at the time of interrogation.
  
Investigation
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== Investigation ==
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Both the prosecution and the defense rest on a detailed investigation.  As mentioned above, your client is in jail based on some bad facts as reported by the Head of Investigating Body or a police officer.  
 
Both the prosecution and the defense rest on a detailed investigation.  As mentioned above, your client is in jail based on some bad facts as reported by the Head of Investigating Body or a police officer.  
Practice Tip No. 5:  How far does an investigation have to go to find evidence?  The law established specific steps that must be followed.  See, CPC, Articles 34, 35, 36, set out some of the required duties of the government investigators. 
 
  
  The police investigation may be sufficient to charge someone with a crime, but it is not always as detailed as a legal defender requires. This is because crimes are sometimes charged based on appearances, rather than truth.  For example, your client is charged with robbing a Pho restaurant. Your client is arrested because he looks just like the bank robber.  He was arrested based on his appearance.  The truth was that your client was at work a kilometer away when the bank was robbed.  The truth is in the details!   
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'''Practice Tip No. 5:'''
IV.3 Suggestions for Investigation
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How far does an investigation have to go to find evidence?  The law established specific steps that must be followed.  See, CPC, Articles 34, 35, 36, set out some of the required duties of the government investigators.  
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The police investigation may be sufficient to charge someone with a crime, but it is not always as detailed as a legal defender requires. This is because crimes are sometimes charged based on appearances, rather than truth.  For example, your client is charged with robbing a Pho restaurant. Your client is arrested because he looks just like the bank robber.  He was arrested based on his appearance.  The truth was that your client was at work a kilometer away when the bank was robbed.  The truth is in the details!   
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== Suggestions for Investigation ==
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Here are some suggestions for investigation.
 
Here are some suggestions for investigation.
3a Be Quick
 
 
 
 
 
  
3b Easy Sources of Information
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''Be Quick''
The charging document.
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Law enforcement investigation.
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* Early investigation is best.
Client interviews.
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* Delay may cause a loss of physical evidence.
Witnesses.
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* Witnesses remember best soon after an event has occurred.
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* Early discovery of good facts can promote resolution, dismissal of charges, and successful pretrial motions.
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'''Easy Sources of Information'''
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* The charging document.
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* Law enforcement investigation.
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* Client interviews.
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* Witnesses.
  
 
3c The Crime Scene
 
3c The Crime Scene

Revision as of 13:31, 7 June 2010