By Defend the Defenders, June 6, 2017
Hanoi-based lawyer Dinh Viet Thanh has declared that he would give up his profession if Vietnam’s highest legislative body National Assembly will keep a controversial article regarding relations between lawyers and their clients in the 2015 Penal Code.
The Vietnamese rubber-stamp parliament, in its going one-month session, is holding discussions on Article 19 of the 2015 Penal Code, which requires a lawyer to denounce his/her client if the latter commits any of the 86 listed serious criminal offenses.
Mr. Thanh and dozens of his colleagues on June 4 went to meet with the standing members of the Vietnam Bar Federation to talk about the article of the bill which was approved by the communist-controlled parliament in 2015 but was suspended from implementation and being amended by the lawmaking body.
The Vietnam Bar Federation should persuade the parliament to remove the article from the bill, the lawyers said.
Mr. Thanh said he is working with many foreigners and his clients will not trust in Vietnamese lawyers if the article exists. His stance was applauded by many colleagues.
In late May, the parliament had a hot discussion about the article. Many lawyers agreed that such regulation will affect the lawyer code stipulated in the 2013 Constitution and other legal documents, as well as run counter to the lawyer’s conscience and professional ethics.
However, legislator Nguyen Thi Thuy from the northern province of Bac Kan, disagreed with this point, arguing that it is inappropriate for a lawyer not to denounce his/her client who has committed a very serious crime. She also objected to exempting a lawyer from any liability in case of failing to report a crime pertaining to national security, terrorism, serial murder, child sexual abuse, and infant swap.
Legislator Truong Trong Nghia from Ho Chi Minh City, a lawyer by profession, responded to Ms. Thuy by appealing to the 2013 Constitution and lawyers’ rights as human rights. He noted that using the word “denounce” in the 2015 Penal Code is incorrect for it takes away the presumption of innocence that every defendant should have.
Mr. Nghia added that allowing a lawyer to denounce his/her client could jeopardize Vietnam’s business-investment environment as in other countries there exists a lawyer-client privilege.
Over 90% of members of Vietnam’s parliament are members of the Communist Party of Vietnam which has ruled the country for decades.
Height Insoles: Hi, I do believe this is an excellent site. I stumbledupon …
http://fishinglovers.net: Appreciate you sharing, great post.Thanks Again. Keep writi…
Achilles Pain causes: Every weekend i used to pay a quick visit this site, as i w…
June 6, 2017
Vietnamese Lawyer Vows to Give Up Profession if Parliament Approves Controversial Article in Penal Code
by Nhan Quyen • [Human Rights]
By Defend the Defenders, June 6, 2017
Hanoi-based lawyer Dinh Viet Thanh has declared that he would give up his profession if Vietnam’s highest legislative body National Assembly will keep a controversial article regarding relations between lawyers and their clients in the 2015 Penal Code.
The Vietnamese rubber-stamp parliament, in its going one-month session, is holding discussions on Article 19 of the 2015 Penal Code, which requires a lawyer to denounce his/her client if the latter commits any of the 86 listed serious criminal offenses.
Mr. Thanh and dozens of his colleagues on June 4 went to meet with the standing members of the Vietnam Bar Federation to talk about the article of the bill which was approved by the communist-controlled parliament in 2015 but was suspended from implementation and being amended by the lawmaking body.
The Vietnam Bar Federation should persuade the parliament to remove the article from the bill, the lawyers said.
Mr. Thanh said he is working with many foreigners and his clients will not trust in Vietnamese lawyers if the article exists. His stance was applauded by many colleagues.
In late May, the parliament had a hot discussion about the article. Many lawyers agreed that such regulation will affect the lawyer code stipulated in the 2013 Constitution and other legal documents, as well as run counter to the lawyer’s conscience and professional ethics.
However, legislator Nguyen Thi Thuy from the northern province of Bac Kan, disagreed with this point, arguing that it is inappropriate for a lawyer not to denounce his/her client who has committed a very serious crime. She also objected to exempting a lawyer from any liability in case of failing to report a crime pertaining to national security, terrorism, serial murder, child sexual abuse, and infant swap.
Legislator Truong Trong Nghia from Ho Chi Minh City, a lawyer by profession, responded to Ms. Thuy by appealing to the 2013 Constitution and lawyers’ rights as human rights. He noted that using the word “denounce” in the 2015 Penal Code is incorrect for it takes away the presumption of innocence that every defendant should have.
Mr. Nghia added that allowing a lawyer to denounce his/her client could jeopardize Vietnam’s business-investment environment as in other countries there exists a lawyer-client privilege.
Over 90% of members of Vietnam’s parliament are members of the Communist Party of Vietnam which has ruled the country for decades.