CRIMINAL CASE LEGAL SERVICE – THE LIGHT LAW
With high level of seniority and many-year experience in participating in proceedings resolving criminal case of the lawyers in The Light Law, we are proud of providing the best legal service to the clients in Ho Chi Minh city and all provinces in Vietnam.
Some famous case defended by the lawyers of The Light Law include: the case of 28 defendants fire gun and kill each other at the pawnshop occurring in Cai Lay town, Tien Giang province; the thousand-dollar prostitution broker case in Ho Chi Minh City; case of “Abuse of trust to appropriate property” in Binh Duong province; etc.
The Light Law provides the defense service for the suspects, defendants; legitimate rights and benefits of crime victims in the criminal case as the following criminal procedure:
THE PROCEDURE FOR SETTLEMENT OF A CRIMINAL CASE INCLUDES THE FOLLOWING STAGES:
1. Filing of charges;
2. Investigation;
3. Prosecution;
4. Adjudication.
STAGES OF LAWYER PARTICIPATION
As soon as the Police Agency investigates and deals with whistleblower sources and crime reports, whistleblowers and person denounced has right to request lawyer of The Light Law protect legitimate right and interest. The lawyer shall participate in the process of verifying information; check, assess, present opinions on relevant evidence, documents and objects and request competent persons to conduct inspection and evaluation proceedings to ensure maximum benefits for customers.
STAGE 1: FILING OF CHARGES CRIMINAL CASE
When there are grounds for committing a crime, the Investigating Police Agency shall issue a decision to prosecute the case, at the same time when identifying the person committing the violation of the law, shall prosecute the accused and conduct an investigation according to the competence prescribed by the law on Criminal Procedure.
The lawyer participates in the criminal procedure with the role as a defendant for the suspect or a person who protect the legitimate rights and interests for the victim, civil plaintiff, civil defendant, person who has relevant right, duty in the criminal case; the lawyer shall meet, ask the arrested or detained person at the agency conducting the proceedings; Lawyers are present when taking the testimony of the arrested or detained person and participate in taking testimony, interrogating and investigating with the investigators for arrested persons and detainees at the place of detention.
STAGE 2: INVESTIGATION
2.1. In case the suspect is detained
In this stage, lawyer of The Light Law shall register for defendant and join with the investigator of the Police Agency, taking testimony, interrogating, suspect confrontation at the place of detention. The role of the lawyer at this stage is as follow:
- Support the client (suspect) understand the rights of the detained person while being detained;
- Explain the legal regulations relating to the crime prosecuted by the investigating Police Agency;
- Re-inform the mental and physical health, personal demand of the detained person to his/her family for enhance their spirit or support necessary personal demand;
- Re-inform the content of the case, make assessments and judgments about the case for families and relatives so that they understand the case.
- The presence of lawyer of The Light Law when taking testimony will limit negative situation to the suspect such as corporal punishment.
Meanwhile, the lawyer also collects the relevant documents, evidence of the case which benefit the client for the basis of vindication, mitigate the punishment or find the truth of the case.
Other activities of the lawyer of The Light Law in this stage:
- Be present in confrontation, identification, voice recognition and other investigative activities in accordance with the provisions of the Criminal Procedure Code;
- Receive the announcement of the criminal procedure processing agency relating to time, place for taking testimony, interrogating and time, place for conducting other investigative activities in accordance with the Criminal Procedure Code;
- View the minutes of proceedings involving lawyers, procedural decisions regarding the person being defended;
- Propose to change the competent person to conduct the proceedings, the assessor, the property valuer, the interpreter, the translator; propose to change or cancel preventive measures, coercive measures;
- Propose to process the procedure activities in accordance with Criminal Procedure Code; propose to summon witness testifiers, other participants in legal proceedings and authorized procedural persons.
- Collect, show the evidence, document, object, request;
- Examine, assess and express the opinion about the relevant evidence, document, object and request the authorized procedural persons to verify, assess;
- Propose the procedural agency to collect the evidence, add or repeat expert examinations or revaluate property;
- Read, transcribe and photocopy documents from case files related to their activities of pleading upon the end of investigations;
- Consult and do the procedure to apply “Residential confinement instead of detaining” for the client (the suspect)
2.2. In case the suspect is applied the measure “Residential confinement instead of detaining” (bail)
In this case, lawyer of The Light Law shall come to the address of the suspect or the suspect may liaise with the lawyer at the office of The Light Law (District 1, Ho Chi Minh city) to discuss, find the truth of the case. Therefore, the lawyer shall support the client in understanding the legal regulations relating to the crime facing criminal charges, procedural criminal, time and process settlement.
In addition, the lawyer shall assist the client in driving the direction, way of consequence remedy, collect the document, evidence vindicating, mitigate the punishment.
After the investigation stage, the lawyer of The Light Law shall photocopy all dossiers in the case record relating to the defense of the client to find the beneficial evidence in an effort to seek the best way of defense.
STAGE 3: PROSECUTION
After issuing the investigation result, the Investigation Police Agency shall transfer all documents to the procuracy, the lawyer shall continue to photocopy all the documents of the case and find out the case. In case the client or the lawyer does not agree with partly or whole investigation result and there is evidence showing the lack of clearance in the case. The lawyer of The Light Law shall propose to return documents to further or reset investigations as well as collect additionally, assess, consider the evidence, examinations started newly or afresh, revaluate the property, etc.
STAGE 4: ADJUDICATION
In this stage, the lawyer shall be at the adjudication to defense for the client. The role of the lawyer in this stage:
- Legally consult for the client the rules and the rights at the court during the adjudication. Mental stability, client psychology, avoiding the state of fatigue, fear, anxiety, bewilderment, fluctuations leading to disengagement, accepting the accuse of the procurator.
- Request the trial panel to summon additional witnesses or request clarification of relevant exhibits and evidence;
- Request the trial panel to consider the evidence and exhibits of the case; Conduct the defense of the client (the accused) or protect the legitimate rights and interests of the victim at the trial.
- Participate in questioning and arguing at the trial;
- Appeal to decisions and procedural acts of agencies and persons competent to conduct proceedings;
- Appeal the judgment or decision of the Court if the accused is a person under the age of 18, who has mental or physical disadvantages as prescribed by this Code.
Conviction:
After the conviction, if the client and the lawyer see that the judgement does not reflect positively, fully the actual happening at the court as well as the entire criminal procedure to settle the case, the lawyer of The Light Law shall discuss and ask for the opinion of the client to give the best solution on appeal.
Therefore, after the superior court directly accepts the appeal, The Light Law will continue to participate in the trial to deal with the appellate proceedings.
For the effective judgment, The Light Law shall advise and participate in the procedure for requesting a judge or retrial as prescribed by the law.
If you have any problems or want to find out the details of Legal services of The Light Law, please contact:
THE LIGHT LAW
(BRIGHT LAW, STEADY TRUST)
Office 2.3 level 2, Indochina Tower, No.4 Nguyen Dinh Chieu, Dakao Ward, District 1, Ho Chi Minh City
0989 072 079 (Lawyer Le Thanh Trang)
0906 219 287 (Lawyer Nguyen Thi Bich Ngoc)
tiasanglaw@gmail.com/
http://tiasanglaw.com/
https://www.facebook.com/LightLaw.TiaSang/
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