Legal Assistance and Defense Services for Detained Persons in Vietnam | An Law Vietnam
According to Vietnamese law, no individual may be arrested without a decision of the People’s Court or a decision or approval of the People’s Procuracy, except in cases of flagrante delicto (caught in the act).
(Excerpt from the article: In What Cases Can the Police Arrest or Detain a Person?)
This article clarifies the scope of work carried out by An Law Vietnam attorneys in providing legal advice and assistance to clients immediately upon detention. Such engagement plays a crucial role in safeguarding the lawful rights and interests of the detained person and ensuring that all procedural steps are conducted in accordance with the law.
Upon a client’s detention, An Law Vietnam undertakes several key tasks: advising the client on their legal rights and obligations, meeting with and interviewing the client to obtain initial information, attending interrogations, and proposing alternative preventive measures where legally permitted.
The ultimate goal is to protect the client’s legitimate rights and interests, and to ensure fairness and due process throughout the proceedings.
Attorney’s Responsibilities by Procedural Stage
Specific Legal Services Rendered
Initial Legal Consultation
- Provide a detailed explanation of the criminal procedure, including the stages of detention, investigation, prosecution, and trial.
- Advise the client on their statutory rights and obligations under the Criminal Procedure Code.
Client Access and Communication
- Meet and communicate directly with the client to obtain a full account of the incident, stabilize the client’s psychological state, and gather case-related information.
- Present the official Notice of Defense Counsel and Attorney Identification Card in order to lawfully meet with the detained client.
Participation in Criminal Proceedings
- Attend interrogation sessions alongside the client to protect their rights and ensure all procedures are conducted lawfully.
- Where applicable, propose alternative preventive measures such as bail or travel restriction orders, in order to minimize psychological pressure and the burden of detention.
Legal Strategy and Protection of Rights
- Analyze the legal circumstances of the case to develop an appropriate defense strategy tailored to each situation.
- Collect, verify, and consolidate evidence and relevant documentation to best support the client’s defense and lawful interests.
Conclusion
The involvement of a defense attorney from the very outset of detention is of paramount importance in order to:
- Ensure that all criminal proceedings are conducted in a lawful and impartial manner;
- Protect the human and civil rights of the detained client;
- Minimize legal risks and safeguard the client’s reputation and dignity throughout the judicial process.
With extensive practical experience in defending clients, including foreign nationals, in criminal cases across Vietnam, An Law Vietnam has successfully assisted hundreds of clients in situations involving arrest, detention, or criminal prosecution.
Having a defense attorney’s participation from the earliest stage is always the most prudent and essential course of action to safeguard one’s legitimate rights when facing criminal allegations.
At An Law Vietnam, our attorneys are not only legal defenders but also act as a reliable and transparent bridge between detained individuals and their families during the investigation process.
Contact An Law Vietnam
📞 Phone: (+84) 986 995 543
📧 Email: info@anlawvietnam.com
🏢 Head Office: Diamond Plaza, 34 Le Duan Street, Saigon Ward, District 1, Ho Chi Minh City
🌍 Vung Tau Branch: Vo Thi Sau Street, Vung Tau City, Ho Chi Minh City
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