1. Defense lawyer during the cassation process of criminal cases of Truong Quyen Law Office - Davilaw Branch

Defense is understood as the use of arguments and evidence to protect the legal rights and interests of the accused or defendant. Defense is the constitutional right of suspects and defendants in criminal proceedings. This is also the right of the suspect and defendant to present evidence, arguments, ask questions, and debate during the investigation and trial stages. Suspects and defendants can defend themselves, ask a defense attorney, or ask a lawyer to defend them. Investigation agencies, procuratorates and courts have the responsibility to ensure that suspects and defendants exercise their right to defense.

According to Article 72 of the 2015 Criminal Procedure Code, the defense counsel is the person who is asked to defend by the accused person or by an agency competent to conduct proceedings and is appointed by the agency or agency. The person competent to conduct proceedings shall receive the defense registration. Advocates can be:

- Lawyer;

- Representative of the accused;

- People's Defender (People's Defender must be a Vietnamese citizen aged 18 or older, have legal knowledge and be loyal to the Fatherland, have good moral qualities and be healthy enough to ensure complete the assigned task, be appointed by the Committee of the Vietnam Fatherland Front or a member organization of the Front to participate in the defense of an accused person who is a member of their organization);

- Legal aid in case the accused person is eligible for legal aid.

A defense attorney can defend multiple accused in the same case if their rights and interests do not conflict with each other. Many advocates can defend a person accused of a crime.

Lawyers of Truong Quyen Law Office - Davilaw Branch will assist clients in defending during the process of cassation of criminal cases, best ensuring the client's interests in the case. The Lawyers team of Truong Quyen Law Office - Davilaw Branch will support clients with:

·    The lawyer will listen, exchange information with the client about the incident and give initial comments so that the client has a more objective and comprehensive view;

·    Consider the grounds for cassation;

·    Lawyers will assist clients in preparing applications, researching legal regulations, and participating in the proceedings during the retrial phase of criminal cases;

·    Provide methods and solutions to overcome consequences, collect documents, etc.;

·    Directly defend clients at trial.

2. Stage of cassation of criminal cases

2.1 What is cassation?

Cassation is defined in Article 370 Criminal Procedure Code 2015 (amended and supplemented in 2017). Accordingly, cassation is to review decisions and judgments of the Court that have taken legal effect but are protested due to the discovery of serious violations of the law during the process of resolving the case in order to ensure that the case is resolved. objective and fair.

According to the law, subjects considered according to cassation procedures are criminal judgments or decisions that have taken legal effect (not yet or are being implemented) but are found to have serious violations of the law. In case there is a violation of the law during the process of handling the case but the violation is not serious, it will not be appealed for reconsideration according to cassation procedures.

Lawyer Truong Quyen Law Office - Davilaw Branch will study the file as well as review favorable grounds and draft a request for review according to cassation procedures. Attached to the application are convincing documents and evidence so that the person with the right to appeal can consider the application and evidence, and at the same time consider opening a cassation trial.

2.2 Subjects participating in the cassation stage

During the cassation stage, due to the nature and characteristics of the cassation procedure, the rights and obligations of those conducting the proceedings and those participating in the proceedings are also completely different from those at the first instance or appeal stage. judge. In general, for the person conducting the proceedings, the powers are not limited as at the first instance or appellate level, but for those participating in the proceedings such as the defense counsel, the convicted person, and those with rights and obligations. Regarding appeals, the powers are much narrowed and limited compared to the first instance and appeal stages. All procedural acts at the cassation stage are mainly carried out by those conducting the proceedings; only in cases of absolute necessity will the participants in the proceedings be summoned. However, at the cassation stage, those participating in the proceedings also have a number of rights and those rights are enough to ensure that the case is resolved accurately in accordance with the provisions of law.

The cassation trial must have the participation of the Procurator of the Procuracy at the same level. In case it is deemed necessary or there is a basis to amend part of a legally effective judgment or decision, the Court must summon the convicted person, the defense counsel and other persons with rights and obligations related to the case. the appeal to participate in the cassation trial; If they are absent, the cassation trial will still proceed. Thus, according to the above regulations, the defense counsel can still participate in the cassation trial in case the Court finds it necessary or has grounds to amend part of the legally effective judgment or decision ( Article 383 of the Criminal Procedure Code 2015).

3. Method of contacting Defense Law during the process of cassation of criminal cases of Truong Quyen Law Office - Davilaw Branch

Truong Quyen Law Office - Davilaw Branch with a large team of lawyers and legal experts with extensive experience in the criminal field, we ensure to provide customers with reputable legal services, Quality with reasonable costs and absolute confidentiality policy. Coming to Truong Quyen Law Office - Davilaw Branch, we are committed to dedicatedly consulting and supporting customers, ensuring work is carried out according to the agreed schedule, ensuring compliance with legal regulations. law, in accordance with the code of ethics and conduct of Vietnamese Lawyers. Absolute confidentiality of customer information, diverse consulting forms and guaranteed time saving for customers. Reasonable costs depend on the complexity of the case.

Customers can contact us via:

Address: 42/5 Ho Dac Di, Tay Thanh Ward, Tan Phu District, Ho Chi Minh City

Email: contact@davigroup.net