The right to legal defense is one of the fundamental human rights, recognized in the International Covenant on Civil and Political Rights (ICCPR). This right includes both the “right to active legal defense” and the “right to mandatory legal defense.” The latter not only refers to the right of the accused/suspect/detainee but also imposes a duty on the prosecuting authorities to ensure legal defense is provided. Vietnamese criminal law has provisions to guarantee this right to mandatory legal defense.

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