Procedures for Trial of Cases Involving Minor Defendants

Have necessary understanding of psychology, educational science as well as activities to fight and prevent crimes related to juveniles.

Due to the unique characteristics related to the request to resolve a case involving detainees and juvenile defendants, different from cases where the defendant is an adult, according to the provisions of Clause 2, Article 302 of the Criminal Procedure Code, When conducting trial, it is necessary to determine: "Age, level of development, physical and mental health, level of awareness of criminal behavior of juveniles" [27].

Determining the age of juvenile suspects and defendants is a mandatory requirement, not only necessary for considering the possibility of criminal prosecution or not, but also necessary for deciding on the application of criminal charges. appropriate punishment according to the provisions of law

Article 12 of the Penal Code stipulates the age of criminal responsibility. For people aged 14 years or older but under 16 years old, they must bear criminal responsibility for very serious intentional crimes or especially serious crimes. . People aged 16 years or older must bear criminal responsibility for all crimes [26]. Therefore, determining the age of these subjects occupies a particularly important position, in addition to protecting the rights of juvenile offenders, but also has the meaning of punishing criminals to ensure the effect of reforming education. offender education and general preventive deterrence. Determining the age of a minor defendant is usually based on a number of legal documents such as their birth certificate, birth certificate, household registration book, and civil status.

When adjudicating criminal cases involving juvenile defendants, the Court also needs to determine the level of physical and mental development and level of awareness of criminal acts of juvenile defendants. adolescent. These are important factors that affect the assessment of evidence and the level of criminal responsibility assigned to them. Because at that age, the ability to perceive the social danger of criminal acts is limited and many times they are also strongly influenced by external factors or instigated by adults, thereby put them on the path to crime. Determining their physical, mental, and cognitive development levels can be done through the testimony of their parents, teachers, friends, and through comments from the local government where they reside. resident, through medical documents, conclusions

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regulations of specialized agencies. In addition, it is possible to use the knowledge of experts in the field of psychology, experienced teachers...

- Identify leaks in living conditions and education [26]

Leaking the living and educational conditions of juvenile offenders will help prosecuting agencies accurately determine the details related to their crimes, as a basis for applying punitive measures. effective management, education, and rehabilitation. In particular, it is necessary to consider their family's education. If the family is the first environment to educate and shape personality, then the educational environment contributes to training children's personality. Living and educational conditions play an important role in forming and educating the personality of juveniles and at the same time it is also directly related to their criminal behavior. Determining the living conditions and education of minors both at home and at school helps apply appropriate coercive measures to juvenile defendants. The surrounding environment also has a significant impact on adolescents because negative phenomena in society affect the sensitive and hyperactive minds of children because they are at an impulsive age and are unable to act on their own. control yourself.

- Determining whether or not there was an instigator by an adult

In order for the trial to be objective, comprehensive and complete; At the same time, detecting the accomplices in the case where the defendant is a minor, it is necessary to determine whether or not there was an instigator by a minor, because minors are gullible and lack life experience. It is very easy to be taken advantage of, enticed, enticed, provoked... leading to committing crimes. In reality, children who are in difficult circumstances or are dissatisfied with their parents, teachers... are the most easily manipulated. Adults often take advantage of children's psychological preference for trivial material things and teach them the tricks of professional criminals, even letting them use and become dependent on stimulants, thereby controlling them. Control children to commit crimes.

Determining whether or not there was an adult instigator are circumstances that mitigate the criminal liability of juvenile offenders (according to point i

Clause 1, Article 46 of the Penal Code stipulates that a crime committed due to threats or coercion by another person is one of the circumstances mitigating criminal liability. In addition, only by detecting the instigator will it be effective in preventing juveniles from committing crimes.

- Causes and conditions of crime:

To effectively fight and prevent crimes against juvenile offenders, and at the same time propose reasonable remedial and preventive measures, litigation agencies must find out the causes and conditions that lead them to commit crimes. Crime can be: Family, school, and social environment; The psychological and physiological characteristics of juveniles are the conditions that dialectically influence and interact with each other to give rise to crime in juveniles.

During the trial, the Court determines the causes and conditions of the crime in order to propose appropriate and correct handling measures according to the provisions of law; Request relevant agencies to apply necessary measures to overcome the causes and conditions that give rise to juvenile crimes, contributing to the effective fight and prevention of crime.

1.3.3. Procedures for trial of cases where the defendant is a minor

Trial is the central stage, deciding the process of resolving the case from the initiation of investigation until the defendant is brought before the Court. To achieve the required purposes of trial activities, the Court and those conducting proceedings during the trial stage must strictly comply with the provisions of the Criminal Procedure Code on order and procedures.

According to the Vietnamese Dictionary, "Procedure" is understood as "specific things that must be done in a prescribed order, to carry out an official job (generally speaking)" [23, p.85 ].

The provisions from Article 301 to Article 310 of Chapter XXXII, Part Seven of the 2003 Criminal Procedure Code are special procedures that only apply to juvenile offenders. In addition to these regulations, criminal proceedings for those arrested, detained, suspects, and defendants who are minors also apply according to other provisions of the Criminal Procedure Code. , but provided that such provisions do not contravene the provisions of Chapter XXXII of

Criminal Procedure Code (Article 301). Such regulation of scope of application ensures the legal rights and interests of juvenile defendants.

1.3.3.1. The agency conducting the proceedings and the person conducting the proceedings in the trial of a criminal case in which the defendant is a minor

Based on the physiological characteristics, qualifications, and cognitive abilities of juveniles, Clause 1, Article 302 of the Criminal Procedure Code stipulates that "...Judges conduct proceedings against juvenile offenders. must have the necessary knowledge about psychology and educational science as well as about crime prevention activities among juveniles" [27] . For People's Jurors, when participating in the trial of cases in which the defendant is a minor, the law does not stipulate that the above conditions must be present, but according to Clause 1, Article 307 of the Criminal Procedure Code, in the "composition of the Council" The trial must have a People's Juror who is a teacher or an officer of the Ho Chi Minh Communist Youth Union" [27]. This regulation is intended to ensure that in the Trial Council, in addition to the Judge, there must be at least one People's Juror with psychological knowledge and experience in educating minors. These criteria are necessary conditions for Judges and People's Jurors to have appropriate methods when conducting trials, ensuring the principle specified in Clause 1, Article 69 of the Penal Code as "the handling of juveniles commit crimes mainly to educate and help them correct their mistakes, develop healthily and become useful citizens of society" [ 26].

In addition, to ensure the rights of juvenile defendants in the trial of criminal cases, "in case of necessity, the Court may decide to conduct a closed trial" [27]. As a general rule, the Court conducts trials publicly, except in cases where it is necessary to keep State secrets or preserve social ethics, when the Court may conduct trials in private, but for cases in which the offender is a minor. The law allows that in necessary cases, in addition to the two reasons mentioned above, the Court can decide to conduct a closed trial for other reasons such as so that the minor will not be psychologically affected when being tried by the Court. , to facilitate their reintegration into the community, do not conduct mobile trials in cases involving juvenile defendants, except in cases where it is necessary to educate, propagate the law and prevent crime. ... This

is the requirement to not let unnecessary people know about the crime or the private life problems of the minor or their family in order to avoid having a negative impact on the minor's future.

1.3.3.2. Participation in legal proceedings by families, schools, and organizations in cases where the defendant is a minor

According to the provisions of Clause 3, Article 306 of the Criminal Procedure Code, "3. At the trial of a defendant who is a minor, a representative of the defendant's family must be present, except in cases where the family representative is intentionally absent. without a legitimate reason, representative of the school or organization" [27].

In addition, the Criminal Procedure Code also stipulates other rights for representatives of the defendant's family, representatives of schools and organizations when participating in court hearings.

As a person close to the defendant, understanding their psychology and behavior, the presence of the defendant's family representative will create a relationship of trust, closeness, and trust with the defendant, making so that the defendant no longer feels afraid or panicked and can declare details related to the case. In addition, through the family representative, the Judge will grasp the living conditions, education, causes and conditions of the juvenile defendant's crime. From there, appropriate measures can be taken.

The criminal prosecution of juvenile offenders requires careful conduct to minimize negative effects on their future. According to the provisions of Clause 1, Article 306 of the Criminal Procedure Code, in cases where the offender is a minor, the participation in the proceedings by the representative of the defendant's family; Teachers, school representatives, Ho Chi Minh Communist Youth Union, other organizations where the defendant studies, works and lives are both rights and obligations according to the decision of the conducting agency. litigation.

1.3.4. Judicial measures and penalties are applied to juvenile defendants

1.3.4.1. Judicial measures are applied to juvenile defendants

The Penal Code stipulates: "During trial, if it is deemed unnecessary to impose punishment on juvenile offenders, the Court shall apply one of the judicial measures specified in Article 70. This Code” [26].

Judicial measures against juvenile offenders are educational and preventive and are specifically stipulated in Article 70 of the Penal Code as follows:

+ Education in communes, wards and towns;

+ Sent to reform school.

Courts can apply educational measures in communes, wards, and towns for one to two years for juveniles who commit less serious or serious crimes.

People who are educated in communes, wards or towns must fully comply with the obligations of studying, working and obeying the law under the supervision and education of commune, ward, town authorities and communal organizations. The association is assigned responsibility by the Court.

The court may apply the measure of sending a juvenile offender to a reformatory for one to two years, if deemed due to the serious nature of the crime, the person's personality and living environment. It is necessary to put that person into an educational organization with strict discipline.

If a person being educated in a commune, ward, town or a person sent to a reformatory has served half of the term decided by the Court and has made good progress, then at the request of the organization or agency, If the school is assigned responsibility for supervision and education, the Court can decide to terminate the term of education in a commune, ward, town or the term of reformatory school.

1.3.4.2. Penalties are imposed on juvenile defendants

Juvenile offenders - they are subjects with unique psychological and physiological characteristics, so punishment for them is first of all aimed at education and reform, and then has a punitive nature. Therefore, the penalty applies to those who have not

Juvenile offenders are considered to not only ensure educational purposes, to deter deviant behavior, but also to make them see their mistakes and voluntarily correct them with the help of family and school. , friends, society. The educational purpose of punishment for juvenile offenders is also expressed through regulations on the conditions for applying penalties, the maximum level of punishment is always lower than that of adults to ensure they can quickly reintegrate into society. In particular, additional penalties, life imprisonment, and death penalty are not applied to juvenile offenders.

In cases where it is really necessary to apply to juvenile offenders, the penalty level applied to juvenile offenders is also lighter than that of adult offenders of the same nature and severity. dangerous level.

According to the current provisions of the Penal Code, juvenile offenders are only subject to one of four penalties: Warning; fine; non-custodial reform; term of imprisonment and are specifically stipulated in Articles 71, 72, 73, 74, 75 of the Penal Code.

- Warning:

The Penal Code stipulates: "Warnings are applied to people who commit crimes that are less serious and have many extenuating circumstances, but are not enough to exempt them from punishment" [26]. Juveniles are subject to penalties. A warning is that people from 16 years old to under 18 years old, and minors from 14 years old or older but under 16 years old must only be held criminally responsible for very serious intentional crimes or special crimes. The offender who is subject to a warning sentence is one who has many mitigating circumstances, but not enough to be exempt from punishment. Many circumstances that mitigate criminal liability are understood to have at least two situations Abatement or more is stipulated in Article 46 of the Penal Code.

- Fine:

Fines are applied as the main penalty for juvenile offenders from 16 years old to under 18 years old, if that person has income or private property. The fine level for juvenile offenders shall not exceed one-half of the fine level prescribed by law.

A fine is when the Court forces the offender to pay a certain amount of money according to the provisions of law to confiscate State funds. Fines are a form of economic punishment for criminals; However, not all offenders are subject to this penalty. The law stipulates that fines will not be imposed on offenders between the ages of 14 and under 16 years old, because at this age, the offenders are minors of school age and have no income. or private property; If economic coercive criminal measures are applied, it will bring a burden to their families, negatively affect the process of correcting mistakes, and fail to ensure the purpose of punishment. For juveniles aged 16 years or older, many people now have their own income or assets... so it is necessary to prescribe fines for juveniles who commit crimes between the ages of 16 and older. 18 years old is appropriate.

- Non-custodial reform

Non-custodial reform does not force juvenile offenders to be isolated from society. They can still live with family and society but are under strict supervision of agencies, organizations and governments. local authority where that person permanently resides. Not isolating them from society still ensures the achievement of educational and preventive purposes. This is a highly feasible punishment and a punishment that clearly demonstrates the purpose of education for juvenile offenders, creating conditions to help them correct their mistakes and reintegrate themselves into the community. Non-custodial reform penalties are prescribed in Articles 31 and 73 of the Penal Code and only apply to juveniles who commit less serious crimes or serious crimes who are from 16 to under 18 years old; Applies to defendants who are minors and have a clear permanent residence. When applying the non-custodial reform penalty to a juvenile offender, the income of that person shall not be deducted. The term of non-custodial reform for juvenile offenders shall not exceed one-half of the term prescribed by law.

- Imprisonment for a limited period of time

For a term of imprisonment prescribed in Article 33 and Article 74 of the Penal Code, the convicted person must serve the sentence in prison for a period of time.

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