Abstract

This article analyzes the legal framework governing the participation of parents and guardians in criminal proceedings, drawing on the 2014 Law on Marriage and Family, the 2015 Criminal Procedure Code, the 2024 Law on Juvenile Justice, relevant international standards, and judicial practice. The study employs legal analysis, comparative legal research, and a review of six judgments. The findings show that Vietnamese law recognizes the right of parents and guardians to act as defense counsel for accused persons under 18 years of age. However, it does not clearly define their legal status when they serve simultaneously as representatives and defense counsel. The current legal framework also lacks mechanisms to ensure the effective exercise of their procedural rights and address potential conflicts of interest. Accordingly, the article proposes amendments to the Criminal Procedure Code to better safeguard the lawful rights and interests of accused persons under 18 years of age.

Keywords: Accused persons under 18 years of age, conflicts of interest, legal status, parents and guardians, right to defense.