老挝刑法中会见律师的权利

Q4 Social Sciences

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2015-10-06 DOI:10.1163/15718158-01601004

Bounmy Ladsamyxay

{"title":"老挝刑法中会见律师的权利","authors":"Bounmy Ladsamyxay","doi":"10.1163/15718158-01601004","DOIUrl":null,"url":null,"abstract":"This article aims to analyze the defendants’ right to access a lawyer in criminal law, as defined in international legal standards, and determine the extent to which the legislation of Lao PDR complies. This study finds that Lao law is consistent with international law as regards the defendant’s right to gain access to a lawyer, for instance, as enshrined in the National Constitution, Criminal Law, Civil Law and the Law on Lawyers. However, this article will argue that defendants are not aware of their rights due to poor economic resources and the lack of information on the availability of legal aid services and how to access such services. On the other hand, defendants are unable to implement their rights effectively due to the limited and incompetent protection offered by lawyers. Additionally, legal practitioners and local authorities are not familiar with and accepting of the relevant legislation.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2015-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The Right to Access a Lawyer in Laotian Criminal Law\",\"authors\":\"Bounmy Ladsamyxay\",\"doi\":\"10.1163/15718158-01601004\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This article aims to analyze the defendants’ right to access a lawyer in criminal law, as defined in international legal standards, and determine the extent to which the legislation of Lao PDR complies. This study finds that Lao law is consistent with international law as regards the defendant’s right to gain access to a lawyer, for instance, as enshrined in the National Constitution, Criminal Law, Civil Law and the Law on Lawyers. However, this article will argue that defendants are not aware of their rights due to poor economic resources and the lack of information on the availability of legal aid services and how to access such services. On the other hand, defendants are unable to implement their rights effectively due to the limited and incompetent protection offered by lawyers. Additionally, legal practitioners and local authorities are not familiar with and accepting of the relevant legislation.\",\"PeriodicalId\":35216,\"journal\":{\"name\":\"Asia-Pacific Journal on Human Rights and the Law\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2015-10-06\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Asia-Pacific Journal on Human Rights and the Law\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1163/15718158-01601004\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Asia-Pacific Journal on Human Rights and the Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/15718158-01601004","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"Social Sciences","Score":null,"Total":0}

引用次数: 0

摘要

本文旨在分析国际法律标准所定义的刑法中被告会见律师的权利，并确定老挝人民民主共和国的立法在多大程度上符合这一规定。这项研究发现，老挝的法律符合国际法，例如《国家宪法》、《刑法》、《民法》和《律师法》所规定的被告接触律师的权利。然而，本文将认为，由于经济资源贫乏，缺乏关于法律援助服务的可用性以及如何获得此类服务的信息，被告不了解自己的权利。另一方面，由于律师提供的保护有限且不充分，被告无法有效行使其权利。此外，法律从业人员和地方当局不熟悉和不接受相关立法。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

查看原文本刊更多论文

The Right to Access a Lawyer in Laotian Criminal Law

This article aims to analyze the defendants’ right to access a lawyer in criminal law, as defined in international legal standards, and determine the extent to which the legislation of Lao PDR complies. This study finds that Lao law is consistent with international law as regards the defendant’s right to gain access to a lawyer, for instance, as enshrined in the National Constitution, Criminal Law, Civil Law and the Law on Lawyers. However, this article will argue that defendants are not aware of their rights due to poor economic resources and the lack of information on the availability of legal aid services and how to access such services. On the other hand, defendants are unable to implement their rights effectively due to the limited and incompetent protection offered by lawyers. Additionally, legal practitioners and local authorities are not familiar with and accepting of the relevant legislation.

求助全文

通过发布文献求助，成功后即可免费获取论文全文。去求助

来源期刊

Asia-Pacific Journal on Human Rights and the Law Social Sciences-Law

CiteScore

0.50

自引率

0.00%

发文量

期刊介绍： The Asia-Pacific Journal on Human Rights and the Law is the world’s only law journal offering scholars a forum in which to present comparative, international and national research dealing specifically with issues of law and human rights in the Asia-Pacific region. Neither a lobby group nor tied to any particular ideology, the Asia-Pacific Journal on Human Rights and the Law is a scientific journal dedicated to responding to the need for a periodical publication dealing with the legal challenges of human rights issues in one of the world’s most diverse and dynamic regions.