Lawyers propose to abolish regulation on informing against clients

HCMC Bar Association has sent a document to the National Assembly chairwoman, standing committee, justice committee proposing to abolish Item 3, Clause 19, the Criminal Code 2015.

Lawyers participate in the proceedings at a court

Lawyers participate in the proceedings at a court

According to the item, attorneys must bear criminal responsibility for not denouncing crimes infringing national security and other particularly serious crimes.
Lawyer Nguyen Van Trung, chairman of the HCMC Bar Association, said that the association’s point of view is that the regulation creates conflicts with other law items.
Specifically, Item 2, Clause 73, the Criminal Procedure Code 2015 stipulates that attorneys are banned from revealing information about cases and their clients except the clients agree in writing.
Item 1, Clause 9 of the Lawyer Law 2006 prohibits attorneys from revealing information about cases and clients during professional practice except the accused agree in writing or there are other legal regulations.
The conflicts have put lawyers into dilemma. Not informing against clients, they will break the Item 3 of the Criminal Code while informing, they will violate the Criminal Procedure Code and professional ethnics.

By AI CHAN – Translated by Hai Mien

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