The right of access to justice of accused persons in criminal procedure law of Vietnam

The fact that investigation authorities, procuracy, and the court respect and comply with legal settlements in the Criminal Procedure about the rights of persons facing charges and prec[r]

THE RIGHT OF ACCESS TO JUSTICE OF ACCUSED PERSONS

IN CRIMINAL PROCEDURE LAW OF VIETNAM

Hoang Thi Bich Ngoc 1

PhD Candidate, School of Law, Vietnam National University, Hanoi

Abstract

The paper first analyzes the theoretical issues of justice, access to justice, and international standards

in this field On that basis, the author evaluates the appropriateness of the accused person’s right of access to justice provisions in Vietnam’s criminal procedure law and suggests issues to be amended and supplemented

According to the author, access to justice is both a basic human right and a means of implementation

of other human rights At the national level, although access to justice is a category contained in many disciplines of law, this term expresses the most focused and clearest in criminal procedural law, primarily through the provisions on procedural rights of accused persons

In Vietnam, the Criminal Procedure Code 2015 has several new provisions which are specialized in the 2013 Constitution’s spirit of human rights into the criminal manner and added principles related

to ensuring the right for accused persons in criminal proceedings For the first time, ‘protecting justice’ and ‘protecting human rights’ are stipulated as one of the duties of the Vietnam Criminal Procedure Code

By analyzing new regulations relating to the right of access to justice for accused persons in the Criminal Procedure Code 2015, the paper aims to answer the following questions: (1) What is the access to justice rights of accused persons in the Vietnam Criminal Procedure Code? (2) How is this right ensured through the formal institution’s framework? (3) With changes in the Vietnam Criminal Procedure Code 2015, what should Vietnam need to consider ensuring the right of access to justice for accused persons?

Keywords: access to justice, accused persons, criminal proceedings, Vietnam

Acknowlegement: This research is funded by the National Foundation for Science and

Technology of Vietnam (NAFOSTED) through the Research Project on “Justice and the Right to Access to Justice in Vietnam” (Code Number 505.01-2017.01 in 2017)

1 This paper is a part of the doctoral thesis titled “The Right of Access to Justice in Viet Nam Law / Quyền tiếp cận công

lý trong pháp luật Việt Nam” that PhD Candidate HOANG THI BICH NGOC is working on at the School of Law, Vietnam National University, Hanoi.

1 The concepts of justice and access to justice

Justice

Justice is a concept that appeared early in the history of humanity The concept of justice is not quite the same among the views because it is determined based on many factors such as geography, culture, history, and laws

In modern times, justice has also been analyzed by several famous scientists in the world such as Michael Sandel1, John Rawls2, Raymond Wacks, to name a few Professor Raymond Wacks made his own point when he stated that ‘justice, in any situation, is not a simple concept.’3 and ‘Justice between individuals is also difficult to solve similarly to the challenge of social justice: the creation of social and political institutions to share the pie fairly.’4

Moreover, John Rawls argued that ‘justice as fairness’ is a complete virtue, a characteristic of social institutions Justice is the belief of the law, the nucleus of morality, and a prerequisite of civil society Therefore, according to J Rawls, ‘justice is the first virtue for social institutions as well as the truth of ideological systems A theory, no matter how splendid it is, if it is wrong, it must be rejected

as well as the laws and institutions no matter how complete it is, it needs to be removed if it is unfair.’5

In the Black Law Dictionary, the term justice has been defined as ‘fair and reasonable, with

three basic concepts: Emphasis on personal importance, requiring individuals to be treated in an appropriate, unbiased and equal manner.’6

For the United Nations, ‘justice is an ideal of accountability and fairness in the protection and vindication of rights and the prevention and punishment of wrongs Justice implies the rights of the accused, for the interests of victims and the well-being of society at large.’7 The concept of justice

is rooted in all national cultures and traditions Its administration extends to both formal judicial mechanisms and informal dispute resolution mechanisms8

There are many definitions of justice In general, all viewpoints uphold the role of justice in society, bringing justice and fairness together to realize the common goal of protecting human rights and improving the stability and development of society The United Nations emphasizes the protection

of justice in the field of proceedings, upholding the spirit of protection for the rights and obligations

of the parties involved to ensure fair trial outcomes in the spirit of human rights respects

* This paper is a part of the author (Hoang Thi Bich Ngoc)’s Ph.D thesis “The right of access to justice in Vietnamese law” at School of Law – Vietnam National University; Ph.D course term: 2018-2021.

1 Professor Michael Sandel works at Havard University

2 John Rawls (1921-2002) is a leading political philosopher and famous representative of American liberalism

3 Raymond Wacks, Philosophy of Law (Triết học luật pháp) (Vietnamese edition-Pham Kieu Tung translated, Tri Thuc Publishing 2011).

4 Raymond Wacks, ibid 115

5 John Rawls, A Theory of Justice (Harvard University Press 1971).

6 Henry Campell Black, Black’s Law Dictionary (West Publishing Co 1983) 447.

7 Security Council-United Nations, ‘The Rule of Law and Transitional Justice in Conflict and Post Conflict Societies (Pháp Quyền và Quá Độ Công Lý Trong Xã Hội Mâu Thuẫn và Hậu Mâu Thuẫn)’ (2004) S/2004/616 para 7

8 United Nations Development Fund for Women-UN Women, ‘Fact Sheet on the Importance of Women’s Access to Justice and Family Law (Thông Tin về Tầm Quan Trọng Của Quyền Tiếp Cận Công Lý và Luật Gia Đình Cho Phụ Nữ)’ 1 <https://www.unssc.org/sites/unssc.org/files/UNWomenFactSheet.pdf> accessed 19 October 2019.

Thus, justice is closely related to the law but cannot be identified as law Because only when the law ultimately conveys the values of justice, will the law be the manifestation of justice In contrast,

a law that does not protect the weak but only to protect the rights of the strong and powerful minority

is unjust In short, only when the law is fair, transparent, and the judgments are consistent with the law, then does justice exist1

Access to justice

Article 1 of the Universal Declaration of Human Rights stated that “All human beings are born

free and equal in dignity and rights.”2 Therefore, all human beings should have equal access to justice when their dignity or their rights are infringed upon However, deficient or discriminatory justice systems can undermine this basic human right principle When such systems cannot ensure equal access to justice by all, the vulnerable and marginalized become even more vulnerable and marginalized, and their human dignity is placed at risk

Before, access to justice is mainly understood as the right to a fair trial, which means the courts are the central ‘suppliers’ of justice This interpretation seems to be directed towards legislative action

in the legal field Therefore, it is required that the state establishes a judicial mechanism that ensures all the subjects participating in the proceedings must be treated fairly This view is incomplete There is a new approach, widely used by many international organizations, such as the United

Nations Development Program (UNDP) which conceptualizes “access to justice” as: ‘The ability

of people to seek and obtain a remedy through formal or informal institutions of justice, and in conformity with human rights standards.’3

Following the UNDP’s definition, the foundation of access to justice is the framework of people’s

rights and obligations, which is called as legal/normative protection 4 The institutional framework that

allows everyone to apply or to be assisted in obtaining compensation for the injustice, the damage, or sufferings The UNDP views it as the ability to provide compensation or capacity to provide justice remedies5 However, these systems are not sufficient because in order to achieve a fair solution to

injustice or harm, people need to have the knowledge and ability to pursue the resolution process The

UNDP calls this dimension the capacity to demand justice remedies 6 of the masses

The understanding of the approach to justice has been greatly expanded compared to the traditional way and can be acknowledged from many different perspectives However, the right of access to justice is acknowledged and judged from the perspective of judicial activities, because it

is associated with the legitimate rights and interests protection, especially the rights and interests of the accused, the victims, and the litigants with relevant rights and interests or many other civil rights Particularly, it cannot be denied that the right of access to justice is clearly demonstrated through criminal procedures, where justice outcomes are being shown

1 The Hung Dinh, ‘Exercising judicial power to ensure the right of access to justice in the rule of law state (Thực hiện quyền tư pháp nhằm đảm bảo quyền tiếp cận công lý trong nhà nước pháp quyền)’ (2010) 5 State and Law Review.

2 See more at http://www.un.org/en/universal-declaration-human-rights/

3 United Nations Development Progamme, ‘Programming for Justice: Access for All A Practitioner’s Guide to a Human Rights-Based Approach to Access to Justice’ (2005) 5 <https://www.un.org/ruleoflaw/files/Justice_Guides_ ProgrammingForJustice-AccessForAll.pdf> accessed 10 October 2019.

4 United Nations Development Progam, ibid 39.

5 United Nations Development Progam, ibid 59.

6 United Nations Development Progam, ibid 135.

In general, we can consider the right of access to justice the human right, which expresses the

needs and capabilities of the person requesting the state (mainly formal justice institutions) This right also creates the most favorable conditions to use the law, to access, and to seek appropriate remedies and compensation when a dispute or a violation of legitimate rights and interests arise

This paper mainly tackles a part of the access to justice right, the normative protection, and the

institutional framework foundation Also, it is an analysis of a part of the right of access to justice

from the perspective of criminal proceedings, with a focus on the access to justice right of accused persons1 in Vietnam’s Criminal Procedure

2 Formal mechanisms in ensuring the right of access to justice for accused persons in the Criminal Procedure Code 2015 (the CrPC 2015)

According to the Criminal Procedure Code 2015, accused persons include those under arrest, detainees, suspects, and defendants Vietnam Criminal Procedure Code 2015 has an immensely crucial role and position in upkeeping the right of access to justice of accused persons, and thanks to that, it serves the purpose of upkeeping human rights in general and the right of access to justice of accused persons in particular

Viewpoints, purpose, and requests on upkeeping the right of access to justice of accused persons

in the Vietnam Criminal Procedure Code 2015 are aligned with those of upkeeping human rights in criminal procedures as well as in other law sectors and social concepts

However, the right of access to justice and the upkeeping of this right is not settled clearly and thoroughly in the Criminal Procedure Code, yet is only presented by fundamental institution of (1) Rights and obligations of accused persons; (2) An institutional framework that guarantees the right

of access to justice of accused persons The form and measures of upkeeping the right of access to justice are associated with activities, acts, formalities, and criminal procedures during the charges, investigation, prosecution, and adjudication performed by given authorities to institute proceedings

2.1 The rights and obligations of accused persons in relation to access to justice in criminal proceedings (Normative protection)

Principles of Criminal Procedure Code about accused people’s right of access to justice was presented most clearly in Chapter 4 Each entity has its right, manner, and level of access to justice; however, this access was performed in either two ways: self-perform or performed by others (in case

of the presence of legitimate defense counsel or legal representative) The right of access to justice

of accused persons also means the right to live, the right to maintain health and prevent extorting statements and torture to upkeep necessary and sufficient conditions for the accused persons to perform personal rights, political rights, silent right, and the right to defend or to be defended, guaranteeing all these against being limited or taken away

a Arrest

According to the Criminal Procedure Code, a competent procedural individual is defined as one under arrest in the following cases: an emergency arrest, arrest for criminal acts in flagrant or wanted notices, suspects, and defendants for detention

1 Vietnam Criminal Procedure Code, Point dd Clause 1 Article 4 (2015).

The people under arrest are given the best conditions by the Criminal Procedure Code to access

to justice and upkeep their rights1 Specifically, they are entitled to be informed of the reasons, to be explained about rights and duties, to give statements and opinions, to be free from an+ obligation to testify against themselves or admit to be guilty Besides, they are permitted to present documents, items, and requests, to complain about the arrest, decision, the proceeding act of authorities or individuals who are given authority to institute proceedings, and to defend our access to justice through a defense counsel This is the new point of the Criminal Procedure Act 2015, where defense counsel is allowed

to engage in proceedings during the custody

b Detainees

Temporary detainees are held in emergency captivity or arrested for criminal acts in flagrant or wanted notices, or those who are confessing or surrendering and facing existing orders of temporary detainment.2

Upkeeping the right of access to justice of detainees means to upkeep the necessary and sufficient conditions for the detainees to perform their rights in engaging in proceedings, at different levels: a temporary detainment, a decision on annulling the decision on temporary detainment and discharge, a decision on charges against suspects, and application for other preventive measures, such as detention and exit restriction The right of access to justice of detainees is presented through the rights in Article

59, the Criminal Procedure Code: the right to be informed of reasons, to be explained about rights and duties, give statements, to defend themselves or to be defended, to present documents, items, and requests, and to file complaints about competent procedural authorities, persons’ decisions, and legal procedure on temporary detainment

c Suspects

Suspects are physical persons or juridical persons facing criminal charges The rights and duties

of juridical persons as suspects are executed by their legal representatives, according to the Criminal Procedure Code.3

Suspects are entitled to perform their right of access to justice, including the decision on charging against suspects and the decision on suspension of investigation, suspension of the lawsuit with suspects, or the decision on annulling charge decision or the decision on having cases heard Like detainees, suspects have the right to upkeep the necessary and sufficient conditions for them to perform their rights According to Article 60 of the Criminal Procedure Code, suspects are entitled to the rights

to be informed of the reasons, to be explained about the rights and duties, to give statements, to present documents, items, and requests, to require a change of competent procedural persons, valuators, and interpreters, to defend themselves or to be defended, to acquire decision on charges and decisions

on enforcement, change, or termination of preventive measures, to require expert examinations and valuation, to change authorized procedural persons, expert witnesses, valuators, interpreters, and translators, to read and write digital documents or copies of such regarding charges and vindication

or other copies concerning their defense, upon requests, after the end of investigations

1 Vietnam Criminal Procedure Code, Point dd Clause 1 Article 58 (2015).

2 Vietnam Criminal Procedure Code, Point dd Clause 1 Article 59 (2015).

3 Vietnam Criminal Procedure Code, Point dd Clause 1 Article 60 (2015).

d Defendants

Defendants are physical persons or juridical persons tried as per a Court’s decision The rights and duties of defendants as suspects are executed by their legal representatives according to the Criminal Procedure Code.1

The right of access to justice of defendants starts from the decision on having the case heard of People’s Courts Defendants can perform this right during the legal proceedings until the decision on suspension of the lawsuit or valid conviction has been passed According to section 2, Article 61, the Criminal Procedure Code 2015, defendants are entitled to 14 specific right groups These rights present different levels of access to justice, manifested through a wide range of decisions such as decision

on hearing of lawsuits at least 10 days before opening the court; decision on enforcement, change or termination of preventive and coercive measures, decision on case suspension, judgements, and Court’s ruling Other decisions on legal proceedings include enforcing preventive measures, attending the trial, being informed and explained about rights/ duties, petition for change of authorized procedural persons, expert witnesses, valuators, interpreters, translators, and petition of summoning of participants in legal proceedings who have not been summoned Besides similar rights to suspects or detainees, defendants have some unique rights such as: to inquire and request Court presidents to question courtroom participants with the Court president’s consent, to engage in oral arguments in court, to give final statements prior to the deliberation of judgments, to read the Court’s report and request amendments to the Court’s report,

to appeal against the Court’s judgments and rulings, and other rights as per the laws, including all human and citizen rights not denied by Criminal Procedure Code

2.2 Institutional framework (Formal justice systems – Authorities and persons authorized to institute proceedings)

Formal justice institutions upkeeping the performance of the right of access to justice individually and other rights in Criminal Procedure Code are presented by the following map:

1 Vietnam Criminal Procedure Code, Point dd Clause 1 Article 61 (2015).

Presiding authorities are agencies that are involved in the process of resolving criminal cases

under the Criminal Procedure Code at different procedural stages Assigned authorities to perform

certain investigative activities established with the function of state administration However, in the

course of performing their functions, these agencies may detect cases with criminal signs In order to ensure that the purpose of criminal proceedings is to promptly and adequately resolve criminal cases, the law grants these agencies certain powers in the proceedings, for example, the right to conduct many investigative activities

Beside Competent Procedural Authorities, there are also persons being called presiding officers and persons assigned to perform certain investigative activities by the Criminal Procedural Code

2015 as follows:

In addition to the presiding officers and assigned persons, there are some non-procedural subjects who are assigned several tasks in the process of resolving criminal cases, such as officers, civil servants in the Investigation authorities, Procuracy, Subjects assisting judicial activities such as experts, examiners, and police The trial panel shall, when instituting a lawsuit, request to institute the case in specific cases In general, when conducting criminal proceedings, these subjects directly affected rights, and they are responsible for ensuring the rights, including the human rights of litigants and accused persons in the case

* Tasks and powers belong to the competent procedural authorities:

The responsibility of upkeeping the right of access to justice of accused persons in the process of investigation, prosecution, and adjudication of criminal cases belongs to these authorities and other legal authorities; however, in the context of this essay, the author only mentions main authorized procedural authorities including presiding authorities, authorities, and persons assigned to perform certain activities of investigation mentioned above These authorities, while performing the procedural task, shall have to ensure the legitimate rights and interests of litigants and accused persons from the human rights perspective

Article 15, the CrPC 2015, provides the responsibility for proving the crime rests with the procedural authority The accused persons are entitled to but not obliged to prove their innocence

Within the scope of their tasks and powers, the competent procedural authorities must apply legal measures to determine the truths of the cases objectively, comprehensively, and thoroughly

Tasks and powers of assigned authorities consist of performing tasks in their management domains, receiving denunciations and notices of crimes, detecting criminal acts that are subject to examination for penal liability, and conducting examination and verification activities in accordance with the CrPC 2015 and the Law on Organization of Criminal Investigation Agencies

Tasks and powers of investigation authorities include receiving and handling denunciations, information on crimes and petitions for prosecution, receiving case files assigned by authorities performing specific activities of investigation, investigating crimes, applying all measures prescribed

by law to detect and identify crimes and offenders, preparing files and proposing prosecution, finding out the cause and conditions of the crime, and requesting the concerned authorities to apply remedies and preventive measures

Decisions on pressing charges, investigation appointments, investigation organization, enforcement of investigation activities, proceedings, and procedures are performed by investigation units during the above-mentioned process

The investigation stage begins from the time the decision on pressing charges is reached until the investigation authorities issue the investigation conclusion report to prosecute or suspend the criminal investigation In this stage, the Procuracy has to supervise the investigation of the case comprehensively, to meet the requirements on the grounds, the legality, and the necessity of all investigating acts, orders and procedures, particularly the activities, acts, orders, and procedures conducted by the investigation authorities dealing with human rights and some issues concerning the right of access to justice, such as prosecution of suspects, arrest, custody, detention, and search The Procuracy shall promptly detect and request investigation authorities and assigned authorities to overcome law violations in investigation activities if any exist Investigation authorities and assigned authorities shall comply with the Procuracy’s requests and decisions following the CrPC, consider, resolve, and answer requests of the Procuracy according to law provisions

The Procuracy thoroughly and continuously inspects and supervises every investigation activity, proceeding, and procedure Specifically, the Procuracy approves and requests enforcement of decisions which relate directly to the right of accused persons The Procuracy exercises the right of prosecution

in Criminal Procedure, and prosecutes the perpetrators to the Court The Procuracy oversees legal compliance in criminal procedure He/she is also responsible for exposing law violations of authorized procedural authorities and persons promptly, applying measures stipulated in the Criminal Procedure Code to eliminate the law violation of these authorities or persons, especially the violation of the right limitation The Procuracy also exercises the right of prosecution and oversees law compliance

in criminal procedures to make sure all guilty acts are exposed and finalized on time and that charges, investigation, prosecution, and adjudication are applied precisely to the exact entities according

to the law He/she needs to ensure that such problems as an omission of crime and criminals and misjudgment do not occur

For the Court, the Constitution stipulates that the People’s Court is the adjudicating body of the Socialist Republic of Vietnam, exercising constitutional rights According to Clause 3, Article 102, ‘The People’s Courts are obliged to safeguard justice, human rights, citizens’ rights, the socialist regime, the

interests of the State, and the rights and legitimate interests of organizations and individuals.’ In other words, protecting justice and human rights is the top duty of the Court This provision is under the new constitutional spirit, focusing people as the goal of the state apparatus In addition, the legal framework

of Vietnam also has provisions to ensure the independence of judicial activities, which are clearly stated

in the Constitution and the Criminal Procedure Code For example, it is stipulated that ‘During a trial, the Judges and People’s Assessors are independent and shall obey only the law Agencies, organizations, and individuals are prohibited from interfering in a trial by Judges and People’s Assessors,’1 and ‘Judge and People’s Assessors adjudicate independently and comply solely with the laws Authorities and entities are forbidden to interfere with the adjudication by Judge and People’s Assessors.’2 There is an association between the independence of the Court and the secured access of accused persons to justice

in a trial The more independent the court, the more impartial of the judgment will be

The courts, on behalf of the Socialist Republic of Vietnam, hear criminal cases in accordance with the law They are responsible for reviewing documents and evidence collected during the proceeding Also, based on the results of litigation, the Courts make judgments and decisions on the accused people whether they are guilty or not, whether they are forced to apply or not to apply penalties, and other judicial measures

When performing the task of hearing a criminal case, the court has the right to:

- examine and conclude the legality of procedural acts and decisions of investigators, prosecutors, and lawyers in the investigation, prosecution, and trial; review of the application, change, or cancellation of preventive measures; suspension or temporary suspension of the case;

- consider and conclude on the legality of evidence and documents collected by investigating bodies, investigators, procuracies, procurators, lawyers, suspects, defendants, and other participants

in the legal proceedings;

- when needed, return the dossier to the procuracy for an additional investigation; request the Procuracy to supplement documents and evidence or the Court to examine, verify, collect, and supplement evidence according to the provisions of the CrPC;

- request investigators, prosecutors, and others to present matters related to the case at trial; prosecute a criminal case if the criminal has been omitted;

- make decisions to exercise other powers according to the CrPC

Overall, the accused persons are guaranteed the right of access to justice by authorized procedural authorities and persons through the following points:

- Authorized procedural authorities and persons must support accused persons to perform their rights according to the Criminal Procedure Code and the Constitution of 2013 while exercising their duties and powers

- Authorized procedural authorities and persons, when enforcing activities of investigation, prosecution, and adjudication, must not violate human rights and must only perform preventive and coercive measures settled in the law

1 The Constitution of the Socialist Republic of Vietnam, Clause 3 Article 103 (2013).

2 Vietnam Criminal Procedure Code, Article 23 (2015).

3 Evaluation of important changes related to ensuring the access to justice right for the accused in the Criminal Procedure Code 2015

In order to better assure human rights and the right of access to justice in criminal procedure in crucial policies issued by the Communist Party and Government of Vietnam, the Criminal Procedure Code 2015 was passed by the Eighth National Assembly with many innovations In comparison with the Criminal Procedure Code 2003, the Criminal Procedure Code 2015 has some alternations and amendments as follows:

* Principles of constitutional rights and criminal procedures: Officially recognize “The adversarial principle shall be guaranteed,” “right of defense,” and “silent right” in the Constitution and the Criminal Procedure Code 2015

It is settled in the Constitution 2013 that “A person who is arrested, held in custody, temporarily detained, charged with a criminal offense, investigated, prosecuted, or brought to trial has the right to defend himself or herself in person or choose a defense counsel or another person to defend him or her” (Section 4, Article 31) For the first time, the right of defense was settled in the chapter of human rights of the Constitution 2013

The constitutional principle is specified at Article 16, the Criminal Procedure Code 2015, concerning the guarantee of the right of defense for accused persons and protection of legal rights and benefits of defendants and litigants: “An accused person is entitled to defend himself or be defended

by a lawyer or another person Competent procedural authorities and persons are responsible for informing accused persons, defendants, and litigants of all of their rights of defense, legitimate rights, and benefits according to this Law.”

The guarantee of the adversarial principle in trials was recognized for the first time in Constitution

2013 This principle is the crucial legal foundation to enhance the adversarial quality in trials and guarantee the right of defense and the right of access to justice of defendants to be exercised According

to this, the Criminal Procedure Code 2015 amend a principle of “Assurance of oral arguments in the adjudication process” in Article 26

On the other hand, “silent right” of accused persons is generally considered as a human right, although not directly settled in the Criminal Procedure Code 2015, recognized according to Point e, Section 1, Article 58; Point c, Section 2, Article 59; Point d, Section 1, Article 60; or Point h, Section

2, Article 61 According to this, all accused persons are entitled to give statements and opinions They

do not have an obligation to testify against themselves or admit guilt Hence, it can be understood that accused persons have their own rights of giving statements Unfavorably, they do not have to give statements or admit their guilt in front of the presiding authorities Moreover, in the trials, defendants are also guaranteed this right On the other hand, all evidence of guilt and innocence, aggravation and mitigation of criminal liabilities, citation of Points, Sections or Articles in the Criminal Code for determination of defendants’ crimes, sentences, compensations, and handling of proofs and other facts essential to the lawsuit must be done, argued, and specified in court The Court’s judgments and rulings must be subject to the inspection and assessment of evidence and oral arguments in court

* Amendments of rights for suspects and defendants to guarantee their maximum access to justice:

- The right of suspects to read and write digital documents or copies of such regarding charges and vindication or other copies related to their defense, upon requests, after the end of investigation (Point i, Section 2, Article 60, the Criminal Procedure Code 2015)