Thus, according to the above Project, we see that it is possible to consider and recommend the establishment of a specialized Court system for juvenile offenders at two levels: the Regional Court and the Provincial Court; accordingly, the Regional Court will try at first instance most cases related to juvenile offenders (with juvenile offenders or victims); the Provincial Court (Appellate Court) will try at first instance cases that the Regional Court has tried at first instance and try some complicated and serious cases with juvenile offenders or victims. In addition, the High Courts and the Supreme People's Court can establish a number of specialized councils for juvenile offenders (consisting of 3 to 5 judges) to review, according to the supervisory and retrial procedures, cases with juvenile offenders as participants in the proceedings; the councils at the High Court will try at first instance cases that the Provincial Court has tried at first instance.
4.2.2.4. Establish professional units specializing in handling cases related to minors at the Investigation Agency and the Procuracy.
In addition to the Juvenile Court, there are other prosecution agencies that contribute to resolving cases in which the accused or defendant is a juvenile, such as the Investigation Agency and the Procuracy. If we only focus on establishing a Juvenile Court without studying the establishment of specialized departments in the Investigation Agency and the Procuracy, the effectiveness of prosecution activities for juveniles will be greatly reduced. Because this special procedure for minors is available at all stages of the proceedings. Reality has shown that, similar to the current situation of the Juvenile Judge team, Investigators and Prosecutors do not have specialized staff to investigate and prosecute a specific type of subject, which is juveniles. Investigators and Prosecutors have not undergone any training courses on the psychological characteristics, educational science for juveniles or have any understanding of
on this issue but very limited. Therefore, in practice there are many
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In case they distinguish the difference between the case committed by the NCTN and
adults only by special procedures for adults
adults and sometimes they think that the above regulations are just a formality, there is no difference in handling these two types of cases.
To ensure the legitimate rights and interests of the elderly when participating in the prosecution
In order for legal provisions to be applied in a synchronous and unified manner, in addition to establishing the Juvenile Court, we need to study the establishment of specialized departments in the Investigation Agencies and the Procuracy in the following directions:
Firstly, on the side of the Investigation Agency, we think that each Investigation Agency Office at the provincial level should have an investigation team to investigate cases where the accused is a minor.
Second, on the part of the Procuracy, each provincial-level Procuracy will establish a specialized team (under the Department of Criminal Investigation and Criminal Procedure) to supervise the prosecution, investigation, prosecution, and trial of cases in which the accused are juveniles and maintain the right to prosecute at the trial. The Supreme People's Procuracy has a specialized unit to supervise the appeal trial of cases in which the accused are juveniles.
In addition, to create resources, the Investigation Agencies and the Procuracy need to source staff in the industry for specialized departments. After having a source of staff, similar to the team of specialized judges, we need to conduct training and fostering in psychological characteristics, educational science, etc.
education as well as activities to fight against crimes committed by minors.
these people
4.2.3. Group of solutions to enhance the effectiveness of family and social institutions
4.2.3.1. Strengthen state and social supervision of activities
motive
criminal proceedings
for the cases
case involving an undocumented person
adult
Increase the participation of families, schools, and social organizations in the litigation process. Increase the ability to apply measures for families to receive
bail minor suspects and defendants and assign specific responsibilities to their families to supervise, monitor, educate and ensure the presence of suspects and defendants when necessary.
summons
prosecution
litigation, and also need a written document
Guidance on defining more clearly the grounds for applying measures of arrest, detention, and temporary detention of minor suspects and defendants in a direction that limits the application of these measures to the extent possible.
It is necessary to study and supplement and amend relevant regulations to specify and create more favorable conditions for families, schools and social organizations to participate in the litigation process for juvenile cases.
4.2.3.2. Strengthen coordination between families and agencies and organizations
function in supervising and educating the law for minors exempted from criminal liability
Caring for and helping juvenile offenders is the responsibility of every family, organization, agency and society; it is also a measure to ensure security, order and safety for society, for each person, and also to protect and educate juvenile offenders when they are exempted from criminal liability. Our Party and State always pay special attention to juvenile offenders, which is demonstrated through the State's criminal policy towards juvenile offenders, which is deeply humane. The 1999 Penal Code has a separate chapter for juvenile offenders, clause 1.
Article 69 stipulates: "The handling of
juvenile delinquency
weak
The purpose of education is to help them correct their mistakes, develop healthily and become useful citizens for society. The young generation of the country is the lifeblood of society, so the community needs to care for, protect them, and be ready to help them correct their mistakes, rebuild their lives and live usefully for society. Like society, the family also plays a huge role in shaping the personality and lifestyle of children at this age, especially when they make mistakes, when they commit crimes and are exempted from criminal liability and return to their families, the family must be responsible for educating, teaching, motivating and creating conditions for them to return to normal life and improve themselves. Therefore, Clause 2, Article 69 of the Penal Code has very specific provisions:
"Handing over criminals to their families or agencies or organizations where they reside for supervision and education". Thus, the transfer of juvenile offenders exempted from criminal liability to their families, agencies or organizations is mandatory. This has great social significance because, as we know, exemption from criminal liability in general and exemption from criminal liability for juvenile offenders in particular is a legal measure that requires broad participation of the masses, agencies, organizations and especially the families of those exempted from criminal liability to supervise and educate them. Handing over to families, agencies or organizations to supervise and educate juvenile offenders in general and juvenile offenders exempted from criminal liability in particular is a demonstration of the correct application of the State's criminal enforcement measures, the combined strength of mass organizations, as well as of families and local authorities, with the aim of eliminating conditions of injustice.
benefits, the ability to re-offend or commit new crimes, helping juvenile offenders to commit crimes
exempt from corporate income tax
actively improve and correct mistakes to
return
wall
good people who live useful lives for society. In the content of reforming, educating and supervising juvenile offenders exempted from criminal liability, families or agencies and organizations need to have positive measures to influence juvenile offenders exempted from criminal liability to see their previous criminal acts, the consequences of the harm they have caused to their families and society; as well as to see the lenient policy of the Party and State and the attention of families, agencies,
organize for them; at the same time aim at the purpose of the juvenile offender when
Those who are exempt from criminal liability must be aware of their responsibilities to their families.
family, local government, and society so that they can forget their past mistakes, strive to study and work to become useful people for their families and society. To achieve that goal, it is necessary to implement the following solutions:
* For families with juvenile offenders when they are exempted from criminal liability
Strengthening the role of family in educational supervision as a barrier to juvenile delinquency and as a spiritual support
and give strength to help juvenile offenders exempted from criminal liability to rebuild their lives, improve themselves and live a useful life for society, demonstrating:
Firstly, education work is specifically demonstrated by choosing the right educational method, enhancing responsibility in managing and educating children, checking their daily activities to promptly correct and correct deviations in thinking and action, and not letting them be taken advantage of or dragged into negative paths. This is an extremely necessary task after they have made mistakes and returned to their families.
Second, parents need to be trained to improve their knowledge of preventing and combating violations, crimes, and social evils to understand what crimes and social evils are; the subjective and objective causes leading to these acts; how to identify criminals, lawbreakers, and drug addicts; what harm crimes and social evils cause to themselves, their families, and society; whether drug addiction can be cured; how to cure addiction so that they have direction and measures to manage and educate their children.
Third, building a family that is truly a warm home for children to grow up and mature, without breaking the law, committing crimes or engaging in social evils; ensuring the family's economic life so that children have the minimum living conditions such as food, clothing, living, and education.
Fourth, the family is a great spiritual support for adolescents. The love, tolerance and generosity of family members will help them overcome the guilt they have caused. The encouragement and support of the family will give them the strength to escape the temptations of life, educate them to maximize their abilities and positivity, thereby overcoming bad habits and becoming good people in society.
* For state agencies and organizations responsible for educating and supervising juvenile offenders when they are exempted from criminal liability
Firstly, strengthen management, supervision, education, propaganda and promote the effectiveness and efficiency of state agencies in the following areas:
Firstly, promote propaganda and dissemination of legal education.
law; awareness of respect for the law, civic responsibility in preventing and combating crime; through various forms of culture and art, widely disseminate examples of good people and good deeds; promptly reflect negative phenomena, helping specialized agencies promptly detect violations and crimes, regularly inspect and resolutely overcome these phenomena.
unhealthy cultural, press and artistic activities; strictly handle violations of the Press Law and Publishing Law.
Second, it is necessary to improve the effectiveness of state management measures on security and order, strengthen professional forces directly preventing and combating crime, especially grassroots forces, civil defense, militia, specialized and semi-specialized security forces of agencies and enterprises; promote the mass movement to participate in protecting national security, continuously mobilize the masses to attack and suppress crimes; promptly detect, prevent and combat dangerous crimes; coordinate with the internal affairs sector to promptly investigate, prosecute and try criminals;
Third, state agencies should take the initiative in regularly organizing inspections of residents in the areas under their management, and coordinate with competent authorities to strengthen supervision and detect violations and recidivism of juvenile offenders exempted from criminal liability in order to promptly handle them, contributing to the fight against and prevention of crime and other violations of the law.
Second, strengthen coordination between social organizations, schools and families of juvenile offenders when they are exempted from criminal liability in managing, supervising and educating them.
First, promote coordination between family and school.
in the management and education of juvenile offenders when they are exempted from criminal liability.
Minors are people who have not fully developed physically and mentally, and are not fully aware of their own behavior. Therefore, families and schools need to educate them to recognize right and wrong, and when they make mistakes, they need to encourage and comfort them and prevent them from violating the law. Specifically, training institutions are responsible for managing and educating students in schools, including educational content, laws and regulations on security and order protection in the official education program at all levels; and coordinate well with families in managing and educating students to protect security and order in the school area.
Second, strengthen coordination between social organizations and families in monitoring and educating juvenile offenders when they are exempted from criminal liability. Social organizations such as youth unions, neighborhood groups, women's associations, and social organizations
other... have a role in promoting children's development in a healthy environment
strong, especially when there is coordination with the children's families to create favorable conditions for management, supervision and education of the children. Social organizations can create a friendly, integrated environment for the children to confidently participate in, thereby grasping their aspirations, helping them, creating all conditions for them to fulfill their obligations to study well, become good children, and live usefully for society.
4.2.3.3. Strengthening social supervision to support the resolution of criminal cases related to juveniles and international crime prevention cooperation
To ensure the rights of minors to participate in criminal cases, it is necessary to build a social supervision mechanism of State agencies such as the National Assembly, People's Councils at all levels; of organizations such as the Fatherland Front and of citizens that is specific and feasible in practice.
From the perspective of the People's Procuracy, through the investigation activities of criminal cases involving children, victims and witnesses who are children have discovered many illegal procedures.
The stage of criminals is shown through acts such as taking advantage of adoption, taking advantage of organizing labor export, sending people across the border, etc. But in fact, they are taking these subjects to the other side of the border to buy, sell, and exchange. Therefore, to ensure strictness, avoid loopholes, and at the same time create favorable conditions for agencies conducting proceedings in the process of resolving criminal cases, it is necessary to have cooperation and coordination between countries in the region as well as internationally. Currently, Vietnam has signed the Ministerial Initiative of the Mekong sub-region countries on preventing and combating human trafficking, including child trafficking, and has achieved certain results. Thus, the author proposes that on the basis of signing and ratifying international conventions related to children's rights, Vietnam must work with other countries to build a legal framework for international cooperation on crimes against minors as well as crimes with child victims and witnesses.
CHAPTER 4 SUMMARY
Based on the analysis of the current situation of institutions and institutions protecting the legitimate rights and interests of minors according to the Law on Criminal Procedure, approaching international trends and thoroughly grasping the guiding viewpoints of our Party and State in amending and supplementing the Criminal Procedure Code; in order to best protect the legitimate rights and interests of this special subject; in Chapter 4, the author has researched and proposed three groups of complete solutions, specifically:
1. Institutional solutions (amending, supplementing and perfecting regulations on
goalkeeper
investigation, prosecution, trial
juvenile offenders in
BLTTHS 2003), 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,