Measures to Protect Child Crime Victims

 The protected subjects are vulnerable groups in society.

The concept of children is understood in many different ways, but from a legal perspective, children are determined by age and the age of children depends on the regulations of each country and each field in which children participate. In terms of the General Theory of State and Law, children are a legal subject. Like other subjects, children have the ability to become parties to legal relations, have legal rights and obligations on the basis of legal norms. According to the provisions of the International Convention on the Rights of the Child, children are people under 18 years old; but depending on the regulations of each country, the age limit of children is different. For example, Vietnamese law stipulates that children are people under 16 years old. During this period, children's bodies are still physically immature, children cannot protect their own rights and interests, they are weak and vulnerable and need to be more strictly protected. Psychologically, children are in the stage of psychological development, shaping their personality when they grow up. At this age, most children are curious and like to explore new things, so they need the care of their family, school and society to help them orient their future cognition properly. When abused at this stage, it will lead to very serious consequences both physically and mentally.

 It is an activity that requires a quick, thorough and comprehensive process. The sequence (order, method) of performing an activity has been prescribed, is mandatory, and meets the specific goals of the activity of protecting victims of child crimes. Because the nature and consequences of child abuse are extremely serious for the victim, it can be a pain that follows the child for the rest of his or her life, so when detecting or receiving a report of a child crime, the competent state agency must immediately take quick and thorough actions to protect the victim of child crimes to avoid re-becoming a victim of crime.

1.3. Measures to protect child victims of crime

 Trial and punishment activities

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Trial is the activity of examining and evaluating the legal nature of a case in order to make a judgment on the nature and legal level of the case, thereby representing the State.

make a judgment corresponding to the nature and level of illegality or non-illegality of the case (trial of criminal, civil, business, commercial cases, etc.). Based on the trial activities of state agencies, the legitimate rights and interests of crime victims are protected. When a person commits a crime against a child, is discovered and the state agency takes measures to protect the victim but there is no trial activity to decide on appropriate punishments for that crime, the protection of child crime victims is not carried out comprehensively and thoroughly.

Trial and punishment are certain legal consequences that must be followed to punish criminals. The usual penalties that criminals must bear include death penalty, fixed-term imprisonment, indefinite-term imprisonment, non-custodial reform, warnings and fines. In addition, there are additional penalties such as prohibition from leaving the place of residence, prohibition from residing, prohibition from holding positions or practicing a profession. Depending on the nature and level of danger of the crime, the competent state agency will decide to apply separate penalties to each criminal subject.

For crimes that violate children's rights, the law should deal with them strictly and impose heavier penalties on the criminal subject because the level of damage to children will usually have greater and longer-lasting consequences than other subjects in society. Through the investigation and trial process, competent state agencies will find the causes and conditions of crimes and predict the possibility of recidivism of criminals in order to take measures to protect child victims of crime in the most optimal way, ensure the safety of child victims of crime against other dangerous acts and take measures to help child victims of crime quickly return to normal life.

 Legal aid

Legal aid is the provision of free legal services to people receiving legal aid in accordance with the provisions of law, helping people receiving legal aid protect their legitimate rights and interests, improve their understanding of the law, awareness of respecting and complying with the law; contributing to the dissemination and education of the law, protecting justice, ensuring social justice, preventing and limiting disputes and violations of the law. After being abused, the victim needs to quickly receive legal assistance.

The law protects their rights and interests. In many cases, due to poor understanding and limited awareness of the law, timely assistance with legal aid activities is needed to ensure the rights and legitimate interests of child crime victims. Assist child crime victims with all procedural and legal issues such as procedures to protect their rights and legitimate interests, reporting procedures, procedures to find a lawyer for protection, etc.

Legal aid activities help protect child victims of crime in cases where the victim and the victim's family lack legal knowledge and do not know how to protect their own rights, so this legal aid activity is a practical and important activity in protecting child victims of crime.

 Urgent notification to competent authorities

Crime report is information about an incident with signs of crime reported by an agency, organization or individual to a competent authority or information about a crime on the mass media.

Child abuse acts are widespread and continuous because crimes occur frequently and the risk of becoming victims of crime is very high. Therefore, if we leave these acts to the competent state agencies to detect and resolve them, it will be very difficult.

Upon discovering or receiving information about a crime against children, all individuals, agencies and organizations must promptly notify the competent state agency so that the agency can immediately take actions to protect the life, health, property and other rights and interests of the child victim of the crime on the spot and take measures to prevent re-victimization of the crime.

 Prevent crime

Measures to prevent crimes against child victims of crime include coercive measures to force the perpetrator to do or not do something when it is considered a dangerous act such as harming life,

health and spirit of children. Then immediately individuals and groups need to promptly prevent crimes to protect the victims of crime, children.

According to Article 132 of the 2015 Penal Code of Vietnam, there are provisions on the crime of not rescuing people in life-threatening situations. Accordingly, the activities to prevent crimes have been foreseen by lawmakers in order to protect victims of crimes on the spot before the intervention of competent state agencies.

1.4. Law on protection of child victims of crime

1.4.1. Concept

Every child has the right to be protected from all forms of violence, abuse and exploitation. Child protection is the responsibility of the State, families, citizens and society in ensuring the safety of children from abuse, exploitation and neglect, including eliminating risks of harm and preventing factors that are causing harm to children. Child protection also aims at urgent intervention and direct assistance to children who are at risk or have been abused, exploited and neglected in order to prevent, help restore and reintegrate children. Laws on the protection of child victims of crime include provisions on the protection of children after being abused by criminals; exploited, physically and mentally abused. Provisions on the protection of child victims of crime in emergency situations, especially those such as loss of family environment, repeated abuse of children; particularly serious consequences of crimes for children; regulations on conditions for adequate care or rehabilitation for children in necessary cases; regulations on policies, forms and measures to protect and assist child victims of crime, giving them basic rights and opportunities to develop themselves comprehensively.

In Vietnam, the State has stipulated and implemented many measures to protect children. Our country's laws are constantly adjusted and supplemented to respond to and promptly resolve emerging issues related to children, in accordance with Vietnamese practice and gradually integrating with international law.

In most countries around the world, handling violations against children is regulated by criminal law. In Vietnam, handling is also by administrative sanctions. The law on children regulates social welfare measures (prevention and response to needs) needed for children and families.

The law on protecting child victims of crime includes all legal documents (International treaties, Penal Code, Civil Code, Law on Marriage and Family, Law on Education, Labor Law, Law on Prevention of Domestic Violence, etc.) and sub-law documents regulating the issue of eliminating the causes and conditions of crime to prevent acts of infringement on the physical, mental or other legitimate rights and interests of children. Ensuring the complete safety of the victim and the victim's family against the threat of crime and the risk of becoming a victim of crime.

1.4.2. International conventions relating to the protection of child victims of crime

In this Declaration, the issue of children's rights is specifically listed in 5 groups of rights such as: (1) Children must be able to develop normally both physically and mentally; (2) Hungry children must be fed, sick children must be treated, backward children must be helped, criminal children must be educated, orphans and street children must have shelter and must be cared for; (3) When disasters occur, children are the first to receive relief; (4) In life, children must have the right to earn a living and must be protected against all forms of exploitation; (5) Children must be nurtured with the awareness that their talents must serve their fellow countrymen.

In 1948, the United Nations adopted the Universal Declaration of Human Rights, which affirmed that “Everyone is entitled to all human rights and freedoms, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social status, property, birth or other status”. Children are recognized as subjects who fully enjoy human rights, and are equal to other members of other societies. In 1959, the United Nations issued the second Declaration on the Rights of the Child. The 1959 Declaration inherited and developed the content of the 1924 Geneva Declaration, affirming that: Children, due to their mental and physical immaturity, need to be

special protection and care, including legal protection. The 1959 Declaration calls on parents, individuals, voluntary organizations, local authorities and governments to recognize the rights of the child and to strive for their realization by law and other means in accordance with 10 principles and these principles as 10 groups of fundamental rights of the child.

In 1989, with the active advocacy of a number of countries, the United Nations adopted the Convention on the Rights of the Child (CRC). Vietnam has ratified this Convention. For the first time in human history, an international document comprehensively addresses children's rights in a progressive, equal, comprehensive and highly legal manner, serving as a basis for promoting the care and protection of children's rights in practice. A set of children's rights in all areas has been recognized by the CRC, ensuring that children are effectively protected and cared for; and are comprehensively developed physically, intellectually, emotionally, morally and socially.

Not only referring to children in general, the CRC also refers to protecting the rights of groups of children in special circumstances (including: disabled children, homeless children, children affected by armed conflicts, etc.). At the same time, the CRC identifies measures to eliminate risks that are seriously threatening the lives of many children such as sexual abuse, labor exploitation, drug abuse and forced participation in armed conflicts, etc. The CRC is considered the most basic and comprehensive international legal document on children's rights at present, as well as protecting victims of crime. To supplement the CRC, the United Nations also adopted two additional protocols, referring to the prohibition of the use of children in armed conflicts and the prohibition of child trafficking, child prostitution and child pornography (Vietnam has ratified these two protocols). To date, more than 80 international documents related to children's rights have been issued to protect the best interests of children, such as: World Declaration on the Survival, Protection and Development of Children (1990); Declaration against the Commercial Sexual Exploitation of Children (1996); Programme of Action against the Commercial Sexual Exploitation of Children (1996); Convention 182 on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour and Recommendation 190 on the Elimination of the Worst Forms of Child Labour.

Protocol to prevent, suppress and punish trafficking in persons, especially women and children (1999); Protocol to prevent, suppress and punish trafficking in persons, especially women and children; Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption (1993); Protocol to prevent, suppress and punish trafficking in persons, especially women and children, supplementing the United Nations Convention against Transnational Organized Crime, 2000.

Thus, it was not until the late 20th century that UNICEF's child protection programs began to approach children by target groups to meet the needs of groups of children in need of special protection, focusing on a number of groups of children suffering from the main forms of harm: exploitation, abuse, abandonment and violence. By 2003, the approach to child protection by target groups was shifted to a system-based approach. That is, to synchronously address issues related to all groups of children, in which building a safe, child-friendly environment and promoting a "child protection system against abuse" is considered a top priority.

In December 2012, the United Nations General Assembly issued its latest statement of principles and guidelines on access to legal aid in the criminal justice system. In principle 11, “Legal aid in the best interests of the child. In all decisions on legal aid affecting children, the best interests of the child shall be the primary consideration. Legal aid for children shall be in the best interests of the child, accessible, age-appropriate, disciplined, effective and responsive to the legal and social needs of the child.” In the spirit of the statement, legal aid always puts the interests of the child first, clearly demonstrating the importance of child protection in general and child victims of crime in particular.

1.4.3. National laws in protecting child victims of crime

Depending on different economic conditions and political institutions, each country has a different legal system. Simply put, national law is a system of legal norms, written or unwritten, established or recognized by the state to regulate legal relations between legal subjects and the principles of those relations arising within the territory or jurisdiction.

the jurisdiction of that country. Domestic law has direct effect on the territory of the country that promulgates it.

From there, we can also simply understand that national law in protecting child victims of crime is a system of legal norms, written or unwritten, set forth or recognized by the state to regulate issues related to the protection of child victims of crime arising within the territory or jurisdiction of that country.

Provisions on the protection of child victims of crime must be provided for in:

 Constitutional law is issued by the highest organ of the state, including the totality of legal norms regulating the basic relationships regarding the organization of state power, the political, economic, cultural and social regimes, the electoral regime, the rights and obligations of citizens, and nationality. This is the main and most basic branch of law in the legal system of a country, it regulates the most important and basic social relationships and all other branches of law are formed on the principles of the constitution. In the legal system of each country, Constitutional Law holds a dominant position because it has a special subject of regulation and is the basis for linking other branches of law. For example: The Constitutional Law stipulates the organizational structure, principles of organization and operation of state administrative agencies, determines the principles of the relationship between citizens and the state, which are the main principles for building the administrative law sector, or the Constitutional Law establishes the basic principles in economic relations, establishes the basic foundation for building the civil, commercial and economic law sectors. Because it plays an important role, guiding other branches of law, the Constitutional Law is very important in protecting child victims of crime. The provisions in the Constitution need to have specific provisions on the subjects implementing the protection, clearly orienting the activities to protect child victims of crime. From the guiding provisions in the provisions of the Constitutional Law, state agencies will be responsible for performing their duties and ensuring the protection of victims of crime in the most comprehensive and fastest way.

 Criminal law: Criminal law includes provisions that define criminal acts and prescribe separate penalties. Depending on the type of crime and jurisdiction, the

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