Legal aid from the early stages of a case: The “key” to protecting the rights of the disadvantaged

(Baothanhhoa.vn) - According to the report on the results of implementing the Legal Aid Development Strategy (LAD), from 2018 to 2024, the rate of cases with the participation of LPAs from the investigation stage (criminal cases) and preparation of lawsuit files (civil and administrative cases) accounts for over 90%. This is a strong change compared to the period before implementing the project and the 2017 LAP Law, when this rate was only about 20%.

A paralegal attends a court hearing.

This change stems from the awareness of the decisive role of the early stages in guiding the entire litigation process. Early intervention by the Legal Aid Service helps detect and promptly correct procedural errors and violations of the rights of the assisted person - especially important for vulnerable groups such as ethnic minorities, the poor, children, and the disabled.

The story of Mr. Thao Van So’s family in Muong Lat district is a typical example. The father and his three sons destroyed 6,393m2 of cassava, causing a loss of 34.5 million VND due to a land dispute. With the participation of TGVPL since the prosecution, analyzing the personal background, motives and mitigating circumstances, the defendants received only suspended sentences instead of actual prison sentences: Mr. So 24 months, his two sons 16 months.

The case of a DTH 8th grade female student who was sexually abused in Cam Thuy district also shows the importance of early intervention. TGPL Branch No. 5 sent TGVPL to participate right from the investigation stage to protect the child's legal rights.

Mr. Doan Van Duong, Director of the Provincial State Legal Aid Center, said that the State Legal Aid Center participating from the beginning can monitor the entire process of collecting evidence and taking statements, ensuring that no procedural violations are committed. Many errors in the investigation stage, if not promptly corrected, will be very difficult to handle at the trial stage.

From 2018-2024, legal aid activities achieved positive results: 858/4,645 cases were assessed as successful and effective (18.5%). The rate of legal aid achieving good criteria in participating in litigation increased from 48% (2018) to 84% (2024). The quality of cases also improved significantly when the number of cases meeting good criteria increased from 30-40% to over 90% at present.

However, legal aid activities still face many difficulties. The province only has 23/32 legal aid officers (71.8% of the staff) while the demand is increasing. The number of cases participating in litigation has increased sharply from 516 cases (in 2018) to 1,486 cases (in 2024), compared to only 100 - 150 cases/year before implementing the Project to innovate legal aid work.

In terms of facilities, the Provincial State Legal Aid Center has an independent headquarters and is fully equipped. However, the branches in the districts do not have their own headquarters and have to borrow or rent locations. The management software system also often has errors and is overloaded. Some subjects that really need legal aid such as the elderly, the disabled, victims of domestic violence, and households that have just escaped poverty are not yet included in the list of beneficiaries.

To intervene effectively from the early stages, the TGVPL needs in-depth knowledge of procedural law, litigation skills and the ability to analyze cases. Since 2011, the center has organized 41 training conferences for more than 2,100 people, and sent 27 officials to train lawyers. The center also strengthens coordination with the prosecution agencies to grasp information early, proactively participate from the beginning, and regularly organize experience exchanges between TGVPL. The Provincial People's Committee proposed that the Ministry of Justice amend the Law on TGPL in the direction of expanding the scope of subjects, enhancing training, developing preferential policies to attract human resources and upgrading the management software system.

"Implementing legal aid from the early stages of cases demonstrates the profound humanitarian spirit of the Vietnamese legal system. This is the "key" to ensuring fairness before the law, helping the disadvantaged in society have the best protection of their legitimate rights and interests. Real stories have proven that when the law truly comes into life through legal aid activities, it not only protects people's rights but also opens up a second chance, creating valuable lessons on awareness of law compliance. Only when all people have equal access to legal services from the very first steps, can we truly build a fair, democratic and civilized society" - Director of the Provincial State Legal Aid Center Doan Van Duong emphasized.

Article and photos: Ngan Ha

Source: https://baothanhhoa.vn/tro-giup-phap-ly-tu-giai-doan-dau-vu-an-nbsp-chia-khoa-bao-ve-quyen-loi-nguoi-yeu-the-250921.htm