The right person, right crime, right law are tried; the situation of injustice and mistakes in resolving criminal cases has decreased significantly, especially there is no situation where the Procuracy prosecutes but the Court declares the defendant not guilty.
At the trials, the prosecutors are assigned to practice the right to prosecute and supervise the trial of criminal cases. The prosecutors are aware of their roles and responsibilities at the trial, have carefully studied the case files, have a firm grasp of the details of the case, the evidence to indict and exonerate each defendant. Regarding the preparation work before the trial, the Hanoi People's Procuracy directed the prosecutors to develop an interrogation outline and anticipate the situation at the trial. Accordingly, before participating in the trial, the prosecutors must draft the indictment and the interrogation outline. 100% of the draft indictments and draft interrogation outlines must have the approval of the Institute's leadership. The good preparation of the indictment and interrogation outline has created favorable conditions for the debate between the prosecutors and the defendants, the defense attorneys and other participants in the proceedings at the trial. Previously, in debates, the situation where the prosecutor debated and responded to the content of the response often "maintained the prosecution's viewpoint stated in the indictment" was quite common, but now this situation no longer exists. During the process of practicing the right to prosecute at the trial, the prosecutor actively and proactively debated and responded to each opinion raised by the defendant, lawyer, defense attorney, etc. The prosecutor must not avoid difficult issues but must calmly debate and respond to each opinion step by step to confirm the issue.
In addition, the Prosecutor must monitor and fully record the developments at the trial, the arguments of the defendant, the defense attorney and other participants in the proceedings to promptly supplement the indictment, to ensure that the indictment at the trial is analyzed, the evidence is evaluated and the conclusion on the case must be objective, based on the evidence and documents that have been reviewed and publicly debated at the trial.
The issues raised by the defense attorney, the defendant, and the participants in the proceedings, if well-founded, must be recorded. If the documents and evidence change part or all of the content of the prosecution, boldly withdraw the prosecution decision or withdraw part of the prosecution decision. If it changes to a lighter crime, then conclude and request the Trial Panel to consider the lighter crime (if it changes to a more serious crime, unfavorable to the defendant, then request the Trial Panel to withdraw the case file so that the Procuracy can conduct additional investigation and prosecute the defendant under a more serious crime to ensure the defendant's right to defense). During the debate, the Prosecutor must ensure the principle of equality in the debate, respect the opinions of the participants in the proceedings, and at the same time pay attention to the dissemination of the law at the trial.
Through the work of trial supervision, the Hanoi People's Procuracy has discovered common violations such as: delay in delivering the verdict, violation of the first-instance trial deadline, violation in not completing the trial minutes immediately after the end of the trial, violation of the deadline for delivering or sending the verdict to the Procuracy, to the defendants, victims, other related persons, etc. Through the protests and recommendations of the Procuracy, the Court has accepted and overcome the violations during the trial, thereby ensuring children's rights at the first-instance trial stage.
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2.3. General assessment of the work of ensuring children's rights in sexual abuse cases at the Hanoi People's Procuracy
2.3.1. Results
In recent years, the Procuracy has implemented many measures to strive to perform well the assigned functions and tasks, focusing on organizing, disseminating and implementing the Party's policies on innovation of organization and operation of the People's Procuracy in the process of judicial reform, and new regulations of the State related to the functions and tasks of the Procuracy. The situation of child sexual abuse crimes tends to increase with the following developments:
Although the situation of crimes is complicated and the methods of committing crimes are constantly changing over time, the Hanoi People's Procuracy is always determined to fight tirelessly against this type of crime, always striving to perform its tasks well, closely coordinating with judicial agencies in the fight against crime, focusing on investigating, prosecuting and trying cases, contributing to maintaining political security, order and social safety, actively serving the cause of national renewal, while ensuring that victims fully exercise their rights and duties; ensuring the best interests of victims, especially children; respecting, listening to, considering and responding to children's opinions and wishes....
The practice of the right to prosecute and supervise judicial activities continues to have positive changes, all aspects of work are increasingly professionalized, professional quality is improved, compliance with regulations on processes and procedures has raised legal awareness on protecting human rights, civil rights, and children's rights among the staff of the Procuracy in particular, and in society in general. Coordination with central and local prosecution agencies has been strengthened, resolving many serious and complicated cases that have received public attention.
Through the inspection of judicial activities, many violations of the law have been promptly detected, recommendations, appeals or reports have been issued to ensure the consistent implementation of the law. The Hanoi People's Procuracy has proactively prevented and stopped crimes, accurately and quickly detected and promptly and fairly handled all criminal acts, not letting criminals escape, not wrongfully convicting innocent people, aiming to protect the socialist legal order, while educating people to be aware of obeying the law, fighting to prevent and combat crimes.
The activities of the Hanoi People's Procuracy have affirmed its role in enforcing justice as well as ensuring
Children's rights in sexual abuse cases. With their impartiality and courage, the prosecutors of the Hanoi People's Procuracy always follow Uncle Ho's teachings: "Fairness, integrity, objectivity, caution, modesty", creating people's trust in the fairness of the law. Through the activities of the Provincial Procuracy, it is more public. People's awareness of the law on crime prevention is also increased, the ability to access public agencies is easier, people can easily exercise their rights and duties.
Through the implementation of the function of practicing the right to prosecute and supervise judicial activities of the Hanoi People's Procuracy in recent years, the issue of ensuring children's rights in sexual abuse cases has been and is being implemented in accordance with the provisions of law. Specifically as follows:
Regarding the right to protect life, honor, health, and property, the Hanoi People's Procuracy has been implementing it most effectively. Accordingly, in the period from 2015 to 2020, the professional departments have carried out their functions and tasks to ensure the implementation of the right to protection of life, health, honor, and property as stipulated in Article 11 of the 2015 Criminal Procedure Code. Accordingly, throughout the proceedings of the sexual abuse case, the prosecutors have conducted inspection and supervision activities to consider whether the prosecuting agencies have complied with the provisions of the law on this issue or not. From there, if any violations are detected, they will be promptly handled to ensure that children's rights are carried out in accordance with the provisions of the Constitution and the current Criminal Procedure Code.
The right to equality before the law , stipulated in Article 9 of the 2015 Criminal Procedure Code. The Hanoi People's Procuracy always ensures the right to equality before the law for children. Children, regardless of their religion, gender or circumstances, are victims in sexual abuse cases.
have the rights and obligations prescribed in Article 62 of the 2015 Criminal Procedure Code without being hindered or restricted.
The right to privacy is stipulated in Clause 2, Article 414 of the 2015 Criminal Procedure Code. This is one of the rights that the Hanoi People's Procuracy always ensures to best implement throughout the proceedings of sexual abuse cases. The confidentiality of personal information of children who are victims in sexual abuse cases is always kept confidential, not disclosed to the press or other organizations to avoid causing psychological shock to children as well as their families. Ensuring the right to privacy is also demonstrated through the process of supervising the trial of the Court. The Hanoi People's Procuracy always coordinates well with the Court in conducting closed trials and publicizing the verdict to ensure the rights of children.
The right to be guaranteed the participation of representatives, schools, and organizations in the proceedings is stipulated in Article 420 of the 2015 Criminal Procedure Code. In recent years, the Hanoi People's Procuracy has always ensured that 100% of child sexual abuse cases have the participation of representatives of the children, and created conditions for them to protect the rights of children. Furthermore, for cases involving homeless children, children without support or children with mental disabilities, the Hanoi People's Procuracy has requested legal aid organizations to provide legal advice or send people to provide free legal aid.
The right to express opinions, stipulated in Clause 4, Article 414 of the 2015 Criminal Procedure Code. The Hanoi People's Procuracy always implements well the right to express opinions of children in the process of performing its functions and duties. During the proceedings of child sexual abuse cases, children are always allowed to express their opinions and wishes. They are allowed to present opinions on evidence, documents, related objects and request competent authorities to conduct the proceedings to examine and evaluate evidence...
2.3.2. Limitations
However, besides the achieved results, the work of practicing the right to prosecute and supervise judicial activities of the Hanoi People's Procuracy still has limitations such as:
Firstly , there has been no active coordination in organizing trial sessions to gain experience in order to improve the quality of the prosecutor's arguments, or the organization of trial sessions to gain experience is a formality. The number of appeals under the appellate procedure is amended or annulled; the quality of appeals is limited.
Second , the Hanoi People's Procuracy has not focused on synthesizing shortcomings and violations in professional activities to learn from experience, and has not actively synthesized violations and shortcomings of all levels, sectors, and fields of state management to recommend measures to prevent violations and crimes.
Third, human resources have not met the quantity requirements, many staff and prosecutors have to hold concurrent positions. The guidance and direction of the People's Procuracy at higher levels to the People's Procuracy at lower levels in resolving cases is still slow and not specific, causing difficulties in implementation at lower levels.
Fourthly , the Penal Code, the Criminal Procedure Code... have been issued, but the guidance and explanation of competent authorities is still slow, some regulations are not suitable for practice, causing difficulties in application; the coordination between law enforcement agencies on the basis of functions and tasks is still not tight and inconsistent, so many cases are not handled in a unified manner. In addition, the law still lacks regulations on mechanisms to ensure the implementation of legal powers of the Procuracy when performing the function of practicing the right to prosecute and supervise judicial activities, and lacks sanctions to handle cases of non-implementation or incorrect or incomplete implementation of the requests and recommendations of the Procuracy.
Although there are still limitations and shortcomings that the Procuracy needs to overcome to better perform its functions and roles in the process of resolving criminal cases. However, the implementation of the right to prosecute and supervise judicial activities by the Procurator has contributed to improving the quality of investigation, prosecution and trial of criminal cases, ensuring the right person, right crime, right law is tried, contributing to protecting the rights and interests of children in sexual abuse cases.
2.3.3. Causes
To achieve the results in recent years of the Hanoi People's Procuracy, the most basic and important reasons are:
Firstly , the system of criminal law, criminal procedure, law on organization and operation of the Procuracy has been increasingly improved, the leadership, direction, inspection and supervision work has been closely and promptly implemented, which has been an important factor in improving the quality and effectiveness of prosecution and supervision of judicial activities for criminal cases of child sexual abuse. Moreover, the leaders of the Procuracy at two levels always pay attention to and strengthen the leadership, training and fostering of the team of Procurators in all aspects, with political courage, good professional skills, and good knowledge of the law, constantly improving the responsibility of Procurators in exercising the right to prosecute and supervise criminal cases;
Second , the Hanoi People's Procuracy actively organizes experience-sharing sessions at two levels, because through this, many violations in the trial process will be discovered, thereby considering whether the verdict is consistent with the documents and evidence in the case file, consistent with the results of questioning and debate at the trial, or whether the judgment is consistent with the decision to sentence at the trial, to report to the Leader for decision.
Issuing or not issuing recommendations and protests in each specific case.
Third, the professional departments at the Hanoi People's Procuracy always coordinate closely with the district-level People's Procuracy, always pay attention to the work of responding to requests, arrange leaders and prosecutors to go to the district-level People's Procuracy to read the case to give comments and gain experience, as well as give correct directions to resolve the case on time to avoid the situation of child sexual abuse cases being prolonged, causing public outrage.
Fourthly, every year, the Hanoi People's Procuracy prepares specialized reports on the fight against child sexual abuse crimes, contributing to raising awareness of officials and prosecutors at both levels in this field, while exchanging experiences, learning, and building, making an important contribution to ensuring children's rights.
Fifth, the legal awareness, the activeness in public service, and the qualifications and expertise of the Prosecutors and Inspectors have been improved, contributing to improving the effectiveness in the process of resolving cases in general and child sexual abuse cases in particular. It cannot be denied that the leadership team and Prosecutors have the political qualities and professional capacity to meet the requirements of improving the quality of the practice of the right to prosecute and supervise judicial activities. In addition to professional training, it is necessary to have professional ethics, the will to improve, and the ability to quickly access new legal knowledge to meet current requirements.
Sixth , the active participation of people and society in the fight for and protection of children's rights is also an important factor helping the Hanoi People's Procuracy fulfill its role in ensuring children's rights in sexual abuse cases.