LAWYERS’ DIFENSIVE ACTIVITIES IN CRIMINAL TRIALS AT FIRST INSTANCE

The Purpose and Tasks of Research The purpose of this research project “Lawyer Defensive activity during the stage of the First-instant Trial in Criminal Cases” is to provide recommendat

MINISTRY OF EDUCATION AND TRAINING MINISTRY OF JUSTICE

HANOI LAW UNIVERSITY

NGO THI NGOC VAN

LAWYERS’ DIFENSIVE ACTIVITIES IN CRIMINAL TRIALS AT

Training Institution: HANOI LAW UNIVERSITY

Supervisor : 1 Assoc Prof Dr Nguyen Van Huyen

2 Dr Phan Thanh Mai

Opponent 1: Assoc Prof Dr Ho Trong Ngu

Opponent 2: Dr Nguyen Ngoc Chi

Opponent 3: Dr Nguyen Duc Phuc

This thesis will be defended before the University Thesis Evaluation Board, at Hanoi Law University on dated / / 2016

This thesis can be studied more at:

1) National Library of Vietnam;


2) Library of Hanoi Law University

PREAMBLE

1 The Imperative of Research

Recently, especially since the introduction of the Constitution of 2013, the issue of expanding democracy and strengthening the rule of law in order

to effectively protect human rights and citizen rights has became more and more urgent, and considered as the task of the whole society To promote judicial work as meet the need of new situation, on 01/02/2002, the Politburo

of Vietnamese Communist Party issued the Resolution No 08-NQ/TW on Several Key Tasks in the Judicial Sector in the Near Future The Resolution indicates leading points such as, “ensuring reasoned debates with lawyers, defence counsels and other persons involved in the proceedings ”; “judicial bodies are responsible for supporting lawyers to participate in the proceedings: joining the interrogation of the accused, reading case files, openly debating at court hearings ”

Lawyers’ defensive activity during criminal proceedings in general and

in the stage of first instance trial in criminal cases in particular is practical necessity When participating in the first instance trial stage, as provided by the law, lawyers are responsible for conducting different professional activities so as to effectively defend the accused or defendant However, the defensive activity of lawyers in practice recently has remained many shortcomings and deficiencies The reasons of this situation are various, including the insufficiency of relevant legal regulations, the inadequacy of public awareness as well as in the organization and implementation of defending of related people in reality

While studying a long list of reference documents, I recognize that there are quite many works, consisting of doctoral theses, master theses, research projects at grassroots or ministerial levels, and journal articles written by scientists or practitioners, which investigate and analyze the roles

of defence counsels in criminal proceedings generally, the guarantees of human rights, the accused and defendants’ rights, or discuss narrower topics However, no work or research directly and intensely focuses on the actual activities of lawyers, particular their actions in defending offenders Therefore, academic research examining the matter of theory concerning the defensive activity of lawyers during the stage of the first instant trial in criminal proceedings, evaluating the actual profession of practicing lawyers

in this stage, and proposing feasible solutions to enhance the effectiveness of lawyers’ defensive activity are significantly meaningful in both theoretical and practical aspects

2 The Purpose and Tasks of Research

The purpose of this research project “Lawyer Defensive activity during the stage of the First-instant Trial in Criminal Cases” is to provide recommendations for revising the legal regulations concerning lawyers’ defensive activity and solutions for enhancing the effectiveness of lawyers’ defensive activity in criminal proceedings, which are based on studying the issues of theories, legal regulations and practically defensive activity of lawyers during the stage of the first-instant trial in criminal cases

For the purpose stated above, this thesis has the following tasks:

- Clarifying the theory about the defensive activity of lawyers during the stage of the first instant trial in criminal cases, consisting of formulating the concept of lawyers’ defensive activity in the first-instant trial in criminal cases, the contents of defensive actions, and the features, purposes, and significances of this activity

- Clarifying the legal basis and the actual situation of lawyers’ defensive activity during the stage of the first instant trial in criminal cases (results, shortcomings, problems and reasons of those shortcomings and problems)

- Providing practical solutions for ensuring and enhancing the effectiveness of lawyers’ defensive activity during the stage of the first-instant trial of criminal cases

3 The Object and Scope of Research

The object of research: The research object embodies theoretical issues about defensive activity of lawyers during the stage of the fist instant trial of criminal cases, legal provisions relating to lawyers’ defensive activity, and the practical situation of lawyers’ defence

The scope of research: The thesis focuses on clarifying the concept of lawyers’ defensive activity during the stage of the first instant trial in criminal cases, legal basis, content, features and significance of this activity; clarifying the necessity to improve the law on the defensive activity of lawyers and the orientation and requirements for improving the law and other solutions The research analyses the content of defensive activity and its reality during the preparation and at the court trial hearing criminal cases – which exclude lawyers’ defence in special cases, such as in juvenile cases, the cases conducted in summary procedures or after court hearings

As for legal regulations, the thesis carefully analyzes specific provisions concerning the defensive activity of lawyers in the Criminal Procedure Code of 2003 In addition, the thesis also studies a number of documents guiding the implementation of Criminal Procedure Code, and other legal documents relating to the defensive activity of lawyers An

examination of international law on this issue is also in the thesis scope at the level suitable to requirements and conditions of the study

With regard to the practical situation of lawyers’ defence during the stage of the first instant trial in criminal cases, it is evaluated through the study of statistics of first instant trials having the participation of defence lawyers between 2005 and 2014 and the actual defence of lawyers in several provinces and cities, which are shown in the reports of Vietnam Bar Federation, the Supreme People’s Court, the Supreme People’s Procuracy, surveys and other collected data

4 Research Methodology

Through this project, Marxist-Leninist’s theory about dialectical materialism; the view of the Communist Party of Vietnam on human rights, judicial reform and the rule of law, the state of the people, by the people, for the people are applied as the research methodology As for different aspects

or topics within the thesis, the author employs combined methods which are suitable to research contents as the following:

- Using analysis and synthesis methods in all chapters of the thesis to clarify the issues of theory, situation and solution

- Applying the comparative method when studying the literature review

to provide an overall picture in both national and international scales, comparing Vietnam’s regulations with international standards, and evaluating the situation of defence lawyers participating in criminal proceedings

- Using the statistical method to synthesize the data related to defence lawyers engaged in criminal cases, surveys, and interviews with practicing lawyers and procedure-conducting bodies about the effectiveness of defence lawyers’ activities

5 The new contribution of the thesis

- Elucidating the theoretical issue about the defensive activities of lawyers, such as formulating the concept of defensive activity, showing the feature, significance and content of this action during the stage of the first instant trial in criminal cases

- Indicating shortcomings of the law on criminal procedures and lawyers’ profession concerning the defensive activity of lawyers

- Clarifying the actual defensive situation during the stage of the first instant trial in criminal cases, and the reasons of inadequacies and shortcoming concerning the defence of lawyers in this stage

- Providing feasible solutions for law revision and mechanism for practical implementation to improve the effectiveness of lawyers’ defensive activities during the stage of first-instant trial of criminal cases

6 Scientific and Practical Significance of the thesis

This thesis complements and clarifies the theory about the defensive activity of lawyers in general and in the state of the first instant trial of criminal proceeding in particular The thesis would be useful reference for individuals and agencies who are interested in this topic, particularly, for law makers when revising the Criminal Procedure Code and the Law on Lawyers; and would be material for teaching and learning at institutions having the function of training legal practitioners

7 Structure of the thesis

Based on the purpose and research tasks, this thesis consists of four main chapters as below:

Chapter 1: Literature review

Chapter 2: Theory about the defensive activities of lawyers during the stage of the first instant trial in criminal cases

Chapter 3: Legal basis and the situation of lawyers’ defensive activitys during the stage of the first instant trial in criminal cases

Chapter 4: Solutions for improving the effectiveness of lawyers’ defensive activity during the stage of the first instant trial in criminal cases

In addition to four main chapters, the thesis also includes an introduction, conclusion and a list of references

Chapter 1 LITERATURE REVIEW

1.1 NON-VIETNAMESE LITERATURE

On both national and international forums of scientific research, there are quite many works of foreign authors mentioning the right to defence and the right to have a defence counsel The noticeable works include: Books

“Brownlie's document on the right man” by Lan Brownlie, GuyS Grill (2010) and “Toward an international criminal procedure” by Christoph Saffeling (2003); and journal articles “Basic Principles on the role of lawyers” by Adam Parker (2008), and “The development of criminal law in the United States” by GS.James, B.Jacobs, Warren.E Burger posted on the website of the United State Department of State In addition, there are several studies relating to the procedural rights of offenders, which are approached from the international perspective on human rights, including journal articles

Goodwin-by Pham Thi Thanh Nga about the rights of juvenile offenders under the Convention on the Rights of the Child, such as “Developments in the Right

to Defence of Juvenile Offenders since Vietnam’s Ratification of the

Convention on the Rights of the Child” in East Asia Law Review (2014), and

“Juvenile Offenders in Vietnam and the Right to Defence” in Youth Justice (2015)

With regard to basic theory about procedural models, it should mention the book “Comparative Criminal Justice System” Philip.L.Reichel (Vietnamese translation by the Institute of Legal Science); the book “The outline of the United State legal system” (translated from the original English Outline of the U.S Legal System, Congressional Quarterly, Inc., 2001);

“Analyses of American and French legal systems” by James Claude and Joseph Daly; “The patterns of criminal proceedings around the world” by Jean -Philippe Rivaud; “Research on the organization and operation of the judicial system in China, Indonesia, Japan, Korea and Russia” implemented

by the United Nations in 2010 In relation to operational matters of defence lawyers in the stage trial of criminal cases of first instance, the book

“Advocacy in criminal cases in the Russian Federation” posted on the website: http://bit.ly/ntMTwq William Burnham in 2012, Professor of Law;

in the document at the International Workshop on Criminal Procedure Code

of 2003 and the rights of defence lawyers in 2012, Tian Wen Chang authors - Chinese experts published the article “Ideas and overall assessment about the bill of revised criminal procedure law in China”

1.2 VIETNAMESE LITERATURE

1.2.1 Group of works concerning to the theory of the thesis

The studies on human rights include the fowling books: “Human Rights - a multidisciplinary approach and interdisciplinary Jurisprudence” by Professor Vo Khanh Vinh, ed., Social Sciences Publishing House, Hanoi

2010 (2 volumes); “The mechanism for the protection of human rights” by Professor Vo Khanh Vinh, ed., Social Sciences Publishing House, Hanoi 2011; “Textbook of theory and law on human rights" by Prof Dr Nguyen Dang Dung, Dr Vu Cong Giao and MA La Khanh Tung eds., the publishing house of National University of Hanoi, 2011; and the article "The theoretical issues of protecting human rights by law in criminal justices”, Ass Prof Dr

Le Cam in the Journal of Courts, issues No 11, 13 and 14/2006 These studies directly on ensuring the right to defence counsel are still modest; particularly, no research has been done under the view of comparative law

In Vietnam, the studies which concern to ensure the right to defence and the right to have defence counsel include: “Studying the right to defence in criminal procedure law and practices in Vietnam” by Nguyen Hung Quang and partners, 2012; Master thesis “The Implementation of the law on the right of the defendant or accused to defence in Vietnam, by Nguyen Tuong Vi; PhD thesis “Guarantee of the accused person’s right to defence counsel –

A comparative study of Vietnamese, German and American criminal procedure law” by Luong Thi My Quynh; the book “Ensuring the right to defence of the accused” by Pham Hong Hai, 1999; the book “Legal status and relationship of defence counsel to the accused and the defendant in criminal proceedings” by Nguyen Van Tuan, 2003

The scientific works on the theory and the function of criminal proceedings, including the function of exoneration are also significant why conducting the thesis These include the studies: “The Model of Vietnam’s criminal proceedings”, a research project carried by the Supreme People’s Procuracy; the doctoral thesis, “The functions of criminal proceedings in Vietnam: Matters of theory and practice” by Nguyen Manh Hung; and the article “Defining accurately the basic functions of criminal proceedings: Accusing, defending and judging” by Ha An

The research on the procedures, mechanisms for the implementation of procedural activities, including the defensive activity of defence lawyers are also related to the thesis, especially the study of negotiation and litigation These include doctoral thesis “Principles of litigation in Vietnam’s criminal proceedings: The issues of theory and practice” by Nguyen Van Hien, 2010; journal articles “Several issues of litigation in criminal proceedings” by Le Tien Chau, in Legal Sciences Journal, 2003; “The litigating principle in the

systems of basic principles in criminal proceedings” by Associate Prof Dr

Le Cam, in the Journal of Jurisprudence, 2004; “The litigating situation and issue if enhancing the role of lawyers in litigation under the requirement of judicial reform” by Dr Nguyen Van Tuan, in Journal of Democracy and Law 2010; “Ensuring the rights of the defendant in the trial with extended litigation" by Dr Nguyen Van Huyen, in Journal of Democracy and Law, special issue in litigation of 2003, and master thesis “Litigation in the first instant criminal trial, the theoretical and practical issues” by Luu Binh Duong,

2004

1.2.2 Group of works directly related to the thesis contents

The matters that are directly related to the thesis subject were studied in

a range of scopes and levels At the general level, there are “Textbook on criminal procedures” of Hanoi Law University, “Textbook on criminal procedures” of the Judicial Academy, as well as other institution of legal training; “Textbook on skills of dealing criminal cases” of the Judicial Academy (2001), “Textbook on skills of participating in dealing criminal cases” – which were revised in 2013- by Judicial Academy; “Textbook on specialist skills of Lawyers in a number of criminal cases”, 2015 Intensive studies mentioning to this issue can mention doctoral thesis “Implementation

of the right to defence of the accused and defendants in criminal proceedings” by Dr Hoang Thi Son, Hanoi Law University, 2003; specialized reference book “The role of lawyers in criminal proceedings” by

Dr Nguyen Van Tuan, the National University publishing house, 2001; scientific project “Improving the criminal procedures to enhance the effectiveness of defence lawyers” by Hanoi Law University, 2013 Professional legal journals have published related articles, such as in Journal

of Jurisprudence, issue 5/2003, Associate Prof Dr Pham Hong Hai, Institute

of State and Law, National Centre for Social Sciences and Humanities has

“The position of the defence lawyers in the court hearing”; the Journal of Procuracy, issue 24 (12-2005), Associate Prof Dr Lawyer Pham Hong Hai has “The situation of lawyers’ defence and defence counsel over a year of implementation of the Criminal Procedure Code, 2003”; in Journal of Democracy and Law, issue 5 (2008), Master Nguyen Van Truong, the Central Military Court, has an article “Discussion about ensuring lawyers’ equality while litigating at court hearings”; and Master Le Van Thao, the University of Vinh has “Appreciating the professional activities of lawyers and litigation at court trials in order to enhance the quality of hearing criminal cases in our country today”, issue 4 (2009)

As for works about legal provisions on defence lawyers’ activities there are the article "The situation of legal regulations on the activities of lawyers

participating in court procedures as defence counsel, and direction for perfecting” in People's Court Journal, issue 8 (2012) by Master Vu Huy Khanh, Legal Department, Ministry of Public Security; “Advantages and disadvantages of defence lawyers during the stage of court trial, and some solutions” in People's Court Journal, issue 18 (2012) by master, Judge Nguyen Huu Chinh, Deputy Chief Justice, Ha Noi People's Court; “Activities

of lawyers in the trial stage” in the People's Court Journal, issue 19 (2012) by master Dao Thi Nga, deputy director of the Appeal Court of the Supreme People's Court in Hanoi and master Nguyen Tri Chinh, Head of statistical diversion of the Appeal Court of the Supreme People's Court in Hanoi;

In the proceeding of the international conference about the Criminal Procedure Code and the rights of defence lawyers in early 2012, there are two noticable papers: “Improving regulations on defence counsel in Criminal Procedure Code of 2003 to meet the requirements of judicial reform” by Dr

Le Huu The, Deputy Head of the Supreme People's Procuracy and master Le Thi Thuy; and “Improving provisions of Criminal Procedure Code of 2003 about guarantees of the right of lawyers in defence” by Lawyer Nguyen Huy Thiep, Deputy Head of Hanoi Bar Besides the above works closely related

to the thesis, there are a number of works published in magazines anso mention to the topic, such as “The role of defence lawyers in the investigation stage of criminal cases” in Journal of Public Security, issue 5 (2006) by Dr Nguyen Van Huyen; “Vocational training of lawyer profession

- important task of the Ministry of Justice” in Journal of the legal profession, issue 3 (2006) by Dr Nguyen Van Huyen; “Improving regulations on defence counsel in the Criminal Procedure Code in 2003 to meet the requirements of judicial reform” by Dr Le Huu The, Deputy Head of the Supreme People's Procuracy, posted on www.liendoanluatsu.org.vn; “The role of defence counsel in criminal proceedings under the models of several countries” by Dr Nguyen Ngoc Khanh - Deputy editor of the Journal of Prosecucy, posted on www.tapchikiemsat.org.vn; “Ensuring the right to defence” of Phan Thuong and Tien Hieu, published on www.phapluattp.vn;

“Right to counsel: "Barrier" by humans”, posted on www.phapluattp.vn;

“Ensuring the right to defence counsel during the stage of court hearings” by Thu Hang, posted on www.dangcongsan.vn; “Assessing report about the situation of ensuring the right to defend, and the amendments and supplements of the 2003 Criminal Procedure Code” published by Vietnam Bar Federation, posted on www.liendoanluatsu.org.vn; and “Psychological features of the defensive activity”, posted on www.luathoc.cafeluat.com

As for the papers focusing on theoretical issues, these are “The legal status and relationship of defence lawyers with the accused and defendants

in criminal procedures” by Dr Nguyen Van Tuan, Journal of Democracy and Law, issue 11 (2008); “Discussion about the compulsory participation of defence counsel in criminal procedures” by Dr Nguyen Thai Phuc, Journal

of Prosecuracy, issue Spring (2009); “Improving the status of the defence counsel in criminal trial” by Nguyen Ngoc Khanh, Journal of Jurisprudence, issue 7(2008); “Discussion about the compulsory participation of defence counsel in the investigation in criminal proceedings” by Nguyen Truong Tin, Journal of State and Law, issue 12 (2010); “The participation of defence counsel in proceedings under the Criminal Procedure Code of 2003 by Nguyen Duy Hung, Journal of Legal Sciences, issue 3 (2004) The scientific studies about the actual situation of defence in practice include a number of articles, such as "The defence counsel in criminal cases” of Dr Nguyen Mai

Bo, in Journal of State and Law, issue 2 (1999); “Several theoretical issues and practices in the implementation of legal provisions on ensuring the rights

of the lawyers participating in criminal and civil proceedings” by Dr Phan Trung Hoai, Journal of Peeple’s Procuracy, issue 4 (2007); “The operational status of defence lawyers, defence counsel over a year of applying the Criminal Procedure Code”

In addition, Vietnam Bar Federation also organised some conferences about defence lawyers’ activities, such as “Judicial reform and preventing wrongful conviction in criminal proceedings” held in Hanoi November 2 – 3, 2009; and “Improving the provisions of the 2003 Criminal Procedure Code

on ensuring the right to defence and the right of lawyers to practice" held in Hanoi, March 29 – 30, 2012

1.3 ASSESSMENT OF RESEARCH RELATED TO THE THESIS

TOPICS AND ISSUES TO BE CONTINUED

1.3.1 The concept, feature, content and meaning of the defensive activity

of lawyers in the stage of the first instant trial in criminal cases

Most of the scientific published works have no definition on the concept of the lawyers’ defensive active during the stage of the first instant trial in criminal cases and do not clarify the feature, content and meaning of this activity Quite many works just formulate and develop the concept of the right to defence and defence counsel, and clarify the role of the defence counsel or lawyers The connotation activity is not adequately focused, especially the concept of the defence counsel or lawyers’ defensive activities

in a particular stage, such as the state of first instant trial in criminal proceedings Therefore, studying about the concept of lawyers’ defensive activity during the stage of the first instant trial is necessary In this thesis, the author formulates the concept and determines the meaning of the activities of defence lawyers during the stage of the first instance trial in

criminal cases by clarifying matters of subjects, mechanism, features, time, legal basis, purpose and significance of this activity

1.3.2 The situation of lawyers’ defensive activity during the stage of

first-instant trial in criminal proceedings

Among published works, the issue of current situation of defence lawyers’ activity is received the less attraction by scientists Most authors provide general comments about the quality of defence that the defence is not qualified without convincing evidence and adequate argument to prove those statements In particular, many articles focus only on “activity” in general, without specifically identify the quality of work and specific actions that defence lawyers need to perform The reasons of inadequacy in lawyers’ defensive activity are also a focus of research Many articles indicate that the defence lawyers’ activities is not really effective because of many reasons, including the inadequacy of legal regulations; the weakness in capacity to carry professional task of procedure-conducting persons and lawyers; the issues of lawyers’ professional ethics; policies; mechanisms for monitoring and handling professionals breaking the law Most of publications analyze and comment on legal provisions on the guarantee of the accused persons’ right to defence; the procedural position of defensce counsel and their rights

in practising, and the advantages and disadvantages of practicing lawyers However, they lack specific analyse and adequate evaluation about the actual professions of defence lawyers while carrying out particular actions of defence Therefore, this thesis focuses on clarifying the legal basis of lawyers’ defensive activities, evaluating the practical defence under Criminal Procedure Code of 2003 and the new provisions in the Criminal Procedure Code of 2015 – which comes into the effect on 01 July 2016; investigating the actual defence of lawyers through the period of trial preparation and court hearing during the stage of the first instant trial in criminal proceedings; then identifying the reasons of shortcomings of lawyers’ defensive activity in general, and during the stage of the first instant hearing Hence, in this thesis, studying about the situation of practical defence during the stage of the first instant trial in criminal proceedings is new, having no overlap of published works The thesis refers to published works in relevant points

1.3.3 Solutions for improving the quality of defence lawyers’ activities during the stage of the first instant trial in criminal cases

To the date of writing, the majority of publications focus mainly on solutions for improving legal regulations, which are closed to ideas that author analyses in this thesis However, most of these works only propose solutions without suitable analyses and evaluation about relevant issues These issues include mechanisms for practical implementation of the law, the

penalties applicable for those breaking relevant laws, the enhancement of the professional capacity, knowledge and skills of procedure-conducting persons and lawyers; and the promotion of offenders and their representatives’ awareness of the right to defence The significant difference of this thesis compared with published works is that the thesis not only names solutions but also critically examines the matters of theory and practical applications of each suggestion and recommendation given At the same time, the thesis also provides new solutions, such as: enhancing the responsibility of procedure-conducting persons in ensuring the implementation of lawyers’ rights; strictly handling the acts of obstructing defence lawyers conducting their professional activities; enhancing the quality of defence lawyers; monitoring and detecting procedure-conducting persons who violate the law and do not support lawyers in defensive activities then applying punishment; monitoring and detecting law violation and applying punishment to lawyers breaking the law; enhancing the policy as well as the education and dissemination of the law

Conclusion of Chapter 1

Although there have been many published works mentioning activities

of defence lawyers in both domestic and international scales, because of limitations on the scope of the study and research levels, the issues relating to lawyers’ defensive activity during the stage of the first instant trial in criminal cases have not often presented separately but in some aspects while analyzing the defence in general In separate studies focusing on lawyers’ defensive activities during the stage of the first instant trial in criminal cases, the specializing theoretical issues have not been addressed in a comprehensive and systematic way Therefore, as a comprehensive study on lawyers’ defensive activities during the stage of the first instant trial in criminal cases, the thesis deeply studies, meeting requirements of a comprehensive, systematic and novelty works in this field in Vietnam

Chapter 2 THEORY ABOUT LAWYERS’ DEFENSIVE ACTIVITY DURING THE STAGE OF THE FIRST INSTANT TRIAL IN CRIMINAL

CASES

2.1 CONCEPT OF LAWYERS’ DEFENSIVE ACTIVITY DURING THE STAGE OF THE FIRST INSTANT TRIAL IN CRIMINAL CASES

2.1.1 Defensive activity of lawyers

2.1.1.1 The concept of the defensive activity of lawyers

Defensive activities of lawyers are the tasks carried out by lawyers in the conformity with the law in order to remove a part or all the accusation given by investigating bodies, procuracies or victims, and find out the

grounds for mitigating criminal liability applying to the accused and protecting their rights and legitimate interests

2.1.1.2 Features of the defensive activity of defence lawyers

The defensive activity of lawyers has the following basic features:

- The defensive activity of lawyers represents their professionalism, compliance with ethics rules, no stereotypes, based on lawyers’ responsiveness, flexibility and dynamism, representing adequate behaviours, respecting procedure-conducting persons, and other people participating in the proceedings; and showing the commitment to their client (the accused); and convincing the trial panel to protect the best for his client

- The defensive activity of lawyers also represents the independence and personal self-responsibility before clients about their profession

- The defensive activity of lawyers depends on the time when lawyers participating in processes They are not compulsory but being proposals and recommendations, much depending on procedure-conducting bodies

- The defensive activity of lawyers is based on the basis of principles and procedures prescribed by the law on the rights and obligations of the defence counsel

2.1.1.3 The legal basis of lawyers’ defensive activities

- The fundamentals principles showing the direction of defence are

“Guaranteeing the right to defence of the accused”; the principle of litigation

in court hearing, and other principles ensuring the effectiveness of lawyers’ defensive activities

- Criminal Procedure Code also specifies the orders and procedures for receiving and resolving information about crime as well as the process of resolving criminal cases The settlement of every criminal case has to conduct in accordance with the proceedings provided by Criminal Procedure Code

- The regulations about defence in general, and the rights and duties of lawyers in particular are the important legal basis for the lawyers conducting professional activities of defence

2.1.1.4 Purposes of defensive action of lawyers

- Firstly, defensive activity of lawyers aims to protect the rights of the accused persons, in other words, to protect their client’s legitimate rights and interests

- Secondly, defensive activity of lawyers aims to minimize law violations by procedure-conducting bodies, Active defence lawyers also achieved