Bergeron, Julie (2003), Good Models of Juvenile Justice in East Asia and the Pacific, Unicef Eapro.

prosecution and trial of minors, such as Amending regulations on the scope of application of procedural law to minors; Supplementing regulations on the required standards of the person conducting the proceedings for cases related to minors; Amending regulations on the application of preventive measures to minors; Developing a new Law regulating the skills of taking statements from minors; Amending and supplementing regulations on supervision of minors; Amending and supplementing regulations on the participation of defense counsel and legal aid; Amending regulations on the role of families, schools and social organizations in participating in proceedings; Amending and supplementing regulations on creating a friendly environment for minors; Amending and supplementing regulations on execution of judgments and expungement of criminal records

2. Solutions to improve the organization and operation of the agencies conducting the proceedings, accordingly proposing a number of measures: 1) Improve the capacity of agencies/persons conducting the proceedings of criminal cases related to minors; 2) Build an effective coordination mechanism between the Investigation Agency, the People's Procuracy, the Court and other agencies and organizations; 3) Research the establishment of a specialized Court for minors; 4) Establish professional units specializing in handling cases related to minors at the Investigation Agency and the People's Procuracy

3. Solutions to enhance the effectiveness of family and social institutions, through Strengthening state and social supervision of criminal proceedings in cases involving minors; Strengthening coordination between families and agencies and organizations in supervising and educating the law on minors exempted from criminal liability; Strengthening social supervision

supportive properties

Maybe you are interested!

support

activities to resolve criminal cases related to

NCTN and international crime prevention cooperation.

CONCLUDE

Human rights are sacred and inviolable, universal and specific, including specific subjects, of which minors are one. Minors participating in criminal proceedings include many different subjects, however, the most prominent of which is the group of subjects: the accused. The rights and legitimate interests of minors in criminal proceedings are issues that are of interest to scientific fields, including law and criminal procedure science. Criminal proceedings is a "sensitive" field and has many potential risks of the rights and legitimate interests of minors being violated, especially in the context that we are building a rule of law state "of the people, by the people, for the people" and the judicial reform that we are carrying out is no exception to this purpose. From the specific characteristics of the subject (minors), the specific characteristics of the field of social relations (criminal proceedings), it is necessary to have special protection mechanisms, including the provisions of the law on positive criminal proceedings, special institutions (specialized investigation agencies).

In the thesis, the author studies a number of specific issues as follows:

has focused

1. Explain and clarify the concept and characteristics of juvenile offenders, thereby introducing the concepts of "Legitimate rights and interests of juvenile offenders" and "Protecting the legitimate rights and interests of juvenile offenders in criminal proceedings";

2. Study the documents of the Prime Minister

criminal law

international

and participate

Researching methods of protecting the legitimate rights and interests of juveniles in a number of countries; through which the author found that: in addition to building a specific Law on juvenile justice, these countries have implemented synchronous protection methods, from building a specific institution to organizing special institutions and other social security institutions; in which the prominent trend is organizing the Family Court Model.

3. Compare the criteria for guarantee and protection in international criminal justice with the provisions of the 2003 Criminal Procedure Code on protecting the rights and legitimate interests of juveniles; as well as research and evaluate the practical implementation of legal provisions.

law and organization

function of the muscles

prosecution

chant in solution

In deciding criminal cases involving juvenile offenders, the author found that:

First, in general, the provisions on objectives, tasks, principles,

factor model

Litigation in Vietnamese criminal procedure law has basically met the

application

required by the practice of resolving cases involving minors in litigation.

Second, in addition, there are still many unclear regulations leading to inconsistent awareness and application of the law; some regulations are inadequate in both theory and practice; some regulations have not been adjusted, leading to difficulties in the mechanism to protect the rights of minors to participate in legal proceedings. Specifically: regulations on the implementation of regulations on what needs to be proven in the investigation, prosecution, and trial of minor cases; in verifying the age, physical and mental development level, level of awareness of criminal behavior of minors... Especially regulations related to the application of preventive measures to minors and ensuring the participation of defense counsels and legal aid in legal proceedings

Third, in particular, there are many shortcomings in the organization of activities of the prosecution agencies and the prosecutors in handling criminal cases related to juveniles due to subjective reasons: awareness, capacity, qualifications, and responsibilities of these agencies/persons; in addition, there are objective reasons such as the lack of a specialized agency to investigate, prosecute, and try criminal cases related to juveniles; in addition, investment in facilities, training, and human resource development is still very limited, unsatisfactory, and does not meet practical requirements or comply with international recommended criteria;

Fourth, one of the important institutions to protect minors is the participation of families, schools, and social organizations in the process of resolving criminal cases; through studying legal regulations as well as

practice, author

has shown

clearly the shortcomings, is the cause

reduces the effectiveness of protecting the legitimate rights and interests of the elderly;

4. Based on the analysis of the current status of institutions and institutions

protect the legitimate rights and interests of the elderly according to the law on criminal procedure, continue

international trend

and thoroughly understand the point of view only

Party and State

In our country, in amending and supplementing the Criminal Procedure Code; in order to best protect the rights and legitimate interests of this special subject; the author has researched and proposed three groups of complete solutions, specifically:

One is,

solution about

body

regime

(amendment, supplement)

supplement and complete the regulations

about

goalkeeper

procedures for investigating, prosecuting and trying juvenile offenders

in the 2003 Criminal Procedure Code), that is: 1) propose to design a new Article regulating the principled contents of investigation, prosecution, and trial of criminal cases involving minors; 2) Amend the regulations on investigation, prosecution, and trial of minors, such as Amending the regulations on the scope of application of procedural law to minors; Supplementing regulations on the required standards of the person conducting the proceedings in cases involving minors; Amending the regulations on the application of preventive measures to minors; Developing a new Article regulating the skills of taking statements from minors; Amending and supplementing the regulations on supervision of minors; Amending and supplementing the regulations on the participation of defense counsels and legal aid; Amending the regulations on the role of families, schools, and social organizations in participating in proceedings; Amending and supplementing the regulations on creating a friendly environment for minors; Amendment and supplement of regulations on execution of judgments and deletion of criminal records

Second, solutions to improve the organization and operation of prosecution agencies, accordingly proposing a number of measures: 1) Improve capacity

of agencies/persons conducting criminal proceedings related to minors; 2) Building an effective coordination mechanism between the Investigation Agency, the People's Procuracy, the Court and other agencies and organizations;

3) Research on establishing specialized courts for minors; 4) Establish professional units specializing in handling cases related to minors at the Investigation Agency and the Procuracy;

Third, the solution about

increase efficiency

family and social institutions

The association, through Strengthening state and social supervision of criminal proceedings in cases involving minors; Strengthening coordination between families and agencies and organizations in supervising and educating the law on minors exempted from criminal liability; Strengthening social supervision to support the resolution of criminal cases involving minors and international cooperation in crime prevention.

There may still be certain limitations and shortcomings, but the research part with the author's recommendations stated in the thesis are small contributions of legal initiatives to resolve existing problems, towards perfecting the 2003 Criminal Procedure Code to better protect the rights and legitimate interests of minors in the context of Vietnam carrying out judicial reform to build a rule of law state "of the people, by the people, for the people".

LIST OF AUTHOR'S PUBLISHED WORKS RELATED TO THE THESIS TOPIC

1. Tran Hung Binh (2012), "Protecting human rights of victims

minors in the December 2012 case (44);

criminal proceedings",

Procuracy Magazine, No.

23,

2. Tran Hung Binh (2013), "Protecting human rights of minors"

juvenile

Accused in the Prosecution

criminal proceedings",

State Magazine and

Law, No. 297, January 2013 (56).

LIST OF REFERENCES

* Vietnamese document catalog

1. Bergeron, Julie (2003), Good practices in juvenile justice in East Asia and the Pacific, Unicef eapro.

2. Vu Ngoc Binh (1996), Juvenile Justice and Children's Rights,

National Political Publishing House, Hanoi.

3. Vu Ngoc Binh (2002), Prevention and control of child trafficking and prostitution, Public Security Publishing House

People, Hanoi.

4. Politburo (2002), Resolution No. 08-NQ/TW dated January 2, 2002 on

Some key tasks of judicial work in the coming time.

5. Politburo (2005), Resolution No. 48-NQ/TW dated May 24, 2005 on Strategy for building and perfecting the Vietnamese legal system

South by 2010, vision to 2020.

6. Politburo (2005), Resolution No. 49-NQ/TW dated June 2, 2005 on

Judicial reform strategy to 2020.

7. Ministry of Public Security, Statistics on the rate of juvenile offenders committing crimes from 2002 to 2009: Disturbing public order: 3.96%; Intentionally causing injury: 3.96%; Theft: 75.57%; Rape: 1.32%; Murder: 0.55%; Fraudulent appropriation of property: 3.43%; Robbery: 2.0%; Extortion: 4.4%; Other acts

Other violations: 4.81%.

8. Vietnam Criminal Procedure Code 1988.

9. Vietnam Criminal Procedure Code 1999 (amended and supplemented in 2005)

2009).

10. Vietnam Criminal Procedure Code 2003.

11. Criminal Procedure Code (2011), Report on assessment of provisions

on juvenile offenders and victims and perpetrators

Witness NCTN, Children's Legal Center, January.

12. Criminal Procedure Code (2011), Joint Circular No. 01/2011/TTLT-VKSTC-TANDTC-BCA-BTP-BLDTBXH on Guiding the implementation of a number of regulations for people

participating in criminal proceedings is a minor.

13. Ministry of Justice of Vietnam (2010), Inter-sectoral assessment report on the implementation of the Penal Code and the Criminal Procedure Code related to minors, Quang Ninh.

14. Le Cam (2007), Protecting national security, international security and human rights by criminal law in the period of building a rule of law state, Justice Publishing House, Hanoi.

15. Pham Dinh Chi (2004), “Juvenile crime mood in

Ho Chi Minh City”, Journal of Psychology, (12), pp.57-63.

16. Children (Scottland) Act 1995, Social Work (Scottland) Amendment Act

Act 1968.

17. Government, Resolution No. 21/NQ-CP on the implementation plan

national strategy on anti-corruption to 2020.

18. Government (1998), Article 15 of Decree No. 89/1998/ND-CP dated 07-

11-1998 promulgated regulations on temporary detention and temporary imprisonment.

19. Program KX.07, Human Rights Research Topic, analyzes the conditions to ensure the implementation of human rights and civil rights in the country's innovative life, "Humans, goals and motivations of

socio-economic development".

20. Convention on the Rights of the Child.

21. Interview with Save the Children, Vietnam, August 18, 2010.

22. Interview with the Vice Chairman of the Standing Committee of the Bar Association; Director

Legal Consulting Center, Vietnam Bar Association, August 19, 2010.

23. Interview with judge of Hoan Kiem District People's Court, August 20, 2010.

24. Tran Vi Dan (2008), Current status of investigation activities for cases involving juvenile offenders - Some recommendations and proposals for improving the law, Proceedings of the Workshop "Practice of criminal procedure enforcement for juvenile offenders - Difficulties and recommendations and proposals" jointly organized by the Supreme People's Procuracy and UNICEF.

position at the Supreme People's Procuracy, Hanoi.

25. Nguyen Dang Dung (2000), The development of human rights in the history of Vietnam's constitution, in the monograph "Human rights, civil rights", Center for Human Rights Research, Academy of Politics

Ho Chi Minh City, Hanoi.

26. United Nations General Assembly (1985), The United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules) adopted by resolution

November 29, 1985.

27. United Nations General Assembly (1989), United Nations Convention on the Law of the Sea

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