'Rights during investigation - legal assistance' in document 'Vietnam - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part One
GENERAL PROVISIONS

Chapter IV
PARTICIPANTS IN THE PROCEDURE

Article 48. Persons held in custody

1. Persons held in custody are persons arrested in urgent cases, offenders caught red-handed, persons arrested under pursuit decisions, or confessing or self-surrendering offenders against whom custody decisions have been issued.

2. Persons held in custody shall have the following rights: a/ To be informed of the reasons for their custody;
b/ To be explained on their rights and obligations;
c/ To present their statements;
d/ To defend by themselves or ask other persons to defend them; e/ To present documents, objects as well as claims;
f/ To complain about their custody, procedural decisions or acts of the bodies and/or persons with procedure-conducting competence.

3. Persons held in custody shall have the obligation to observe the law provisions on custody.

RELEVANT ROME STATUTE PROVISIONS

Article 55
Rights of persons during an investigation
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it