Strengthening Guidance to Ensure Effective Implementation of Juvenile Justice Measures

In fact, there have been cases where the prosecuting agency assigned the minor to the parents, but the parents refused the responsibility of supervision on the grounds that they could not supervise their children. We believe that in all cases where the prosecuting agency has determined that the parents or guardians of the minor who committed the crime must be responsible for supervision, the parents or guardians must have the obligation to supervise and cannot refuse. In other words, this will help the minor overcome his or her complexes, while still having the opportunity to integrate into the community, school, and society during the time of participating in the proceedings [73, p. 40].

Another issue that needs to be raised is what specific responsibilities should be imposed on those who are obliged to supervise when they allow minors to escape or continue to commit crimes in order to improve the effectiveness of applying this measure. For example, Article 394 of the Criminal Procedure Code of the Russian Federation stipulates: "... In case of violation of obligations, the parents, guardians, or guardians of the minor who have taken him/her in for supervision shall be subject to the measures prescribed in Clause 2, Article 94 of this Code ..."; Clause 2, Article 94 of this Code stipulates that " in case of violation... the supervisor may be fined up to one month's minimum wage... or subject to social influence measures (warning) ". Similarly, to ensure the effectiveness of supervision and enhance the responsibility of supervisors, we believe that it is necessary to amend Article 304 of the 2003 Criminal Procedure Code in the following direction: Those assigned to supervise, if they violate their supervision obligations, must bear responsibility according to the provisions of law. At the same time, immediately issue a guiding document for implementation, when parents and guardians of minor suspects and defendants perform their supervision obligations but violate them, material responsibility shall be applied to them. For example , it is possible to decide to impose a fine on them corresponding to the nature and extent of damage that the minor suspects and defendants have actually caused when the supervisor violates his/her obligations. Only then can we enhance the awareness and responsibility of those receiving supervision [73, pp. 45-47]. From the above analysis, we propose to amend Article 304 of the Criminal Procedure Code as follows:

Article 304. Supervision of juvenile offenders

1. The Investigation Agency, the Procuracy and the Court may issue a decision to hand over minors to their parents or guardians for supervision to ensure the presence of the minor offender when summoned by the prosecution agency.

2.The person assigned to supervise shall not refuse the obligation.

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of mine andmust closely supervise minors, monitor their character, morality and education.

3. The person assigned to supervise must be responsible and punished.

Strengthening Guidance to Ensure Effective Implementation of Juvenile Justice Measures

fines (at the discretion of the legislator) for breach of supervisory obligations .


3.2.2. Strengthen guidance to ensure effective implementation of judicial measures against juvenile offenders.

In addition to issuing documents guiding the implementation of penalties, in order to educate and supervise minors subject to judicial measures, it is also necessary to strengthen guidance to ensure effective implementation of judicial measures against minors.

For example : For effective educational measures at communes, wards and towns, there should be specific regulations on the priority of applying these measures, the responsibilities of the agencies and organizations assigned to supervise and educate families and the People's Committees of communes, wards and towns, such as monthly meetings to report on the effectiveness of supervision and education, promptly pointing out negative manifestations of minors to have timely and effective corrective measures. Determine the obligations of the People's Committees of communes, wards and towns and agencies and organizations assigned to supervise and educate minors in creating conditions for access to vocational training and job search, and provide guidance on solutions to help minors be able to solve problems arising in life, ensuring that minors stay away from influences.

harmful. Guidance on identifying agencies and organizations to coordinate with the needs of educating minors in each specific case; etc.

In addition, there should be a mechanism to ensure enforcement of the sentence, increase the responsibility of the sentence, and in case of non-compliance, timely measures should be taken. The obligations of the sentence enforcer can be expanded, such as the obligation to attend educational classes and participate in a number of community service sessions (specifically specifying the minimum number of sessions). Increasing the responsibility of the sentence enforcer will help the sentence enforcer have a sense of responsibility for correcting his mistakes and improving himself.

Based on the fact that the effectiveness of applying educational measures in communes, wards and towns is not high due to the lack of specific regulations on people directly educating and supervising juvenile offenders, it is recommended that there should be specific guidelines for selecting people directly supervising and educating juvenile offenders in the direction of: having people who have an understanding of educational work, the psychological characteristics of juveniles, enthusiasm, and the same gender as the juvenile. Particularly for juveniles sentenced to reform schools, there should be life skills instruction classes, counseling and advisory activities so that they can reintegrate into the community after leaving school. Help them have the courage to solve difficult problems that have negatively affected them in the past and present, as well as overcome them in the future.

In particular, the need to further strengthen the application of alternative or supportive judicial measures to punishment, the concretization of this in writing is necessary, especially the unclear phrases in the content of Article 70 on judicial measures. In addition, the application of alternative or supportive judicial measures to punishment is one of the humane and preventive and educational measures for minors, a subject that needs to be protected by the State and society from

many angles, many qualifications. Therefore, judicial measures need to be applied more widely, more widely, including in Hanoi city, they need to be applied more and more effectively.

3.2.3. Building a team of specialized judges to handle cases of juvenile offenders and researching the establishment of a Juvenile Court

* Building a team of specialized judges to handle cases of juvenile offenders

Clause 1, Article 302 of the 2003 Criminal Procedure Code stipulates the requirement for litigants to have the necessary knowledge of psychology, educational science as well as activities to prevent and combat crimes committed by minors. To meet this requirement, the prosecuting agencies need to pay attention to or cooperate with training institutions (such as the Court Cadre School under the Supreme People's Court, the Judicial Academy under the Ministry of Justice or other agencies...) to open training courses for those assigned to conduct proceedings in cases of minors committing crimes, equipping them with the necessary knowledge about the importance of protecting, educating and caring for children, legal knowledge related to minors committing crimes, and training them in the skills of questioning minors when they commit crimes.

In addition, there should be specific policies for those who conduct trials of juvenile offenders. It is necessary to study and establish specialized units in the Court to try cases in which the defendant is a juvenile. In the immediate future, when there are no conditions to establish this unit, it is necessary to assign litigators with a lot of knowledge and experience in handling cases related to juvenile offenders. At the same time, it is necessary to have the participation of legal experts to provide legal assistance to juvenile offenders, especially in the current conditions when the Law on Legal Aid was passed by the National Assembly in 2006 and has come into effect.

effective from 01/01/2007.

Currently, we do not have a team of judges specializing in handling juvenile cases and because Vietnam does not have the conditions to establish a " Juvenile Court " like some countries in the world (for example: Thailand, the Netherlands...), so from the practice of trial and the practice of conducting proceedings for juvenile cases, it is necessary to create conditions for the application of procedural law to juveniles to be more careful, accurate and lawful, specifically as follows:

- This type of case is only assigned to Judges (and Jurors) who meet all the conditions specified in Article

302 Criminal Procedure Code or those who have in-depth research on minors or have worked in organizations for a certain period of time. In reality, we have not been able to do this, so more or less mistakes in handling juvenile cases are inevitable. - Continue to invest in building scientific topics summarizing practices in the two areas of arrest, detention and trial of juvenile offenders and applying them in practice to overcome the above violations, compile programs and professional books for investigation and prosecution activities, especially trial skills, and handbooks for judges trying juvenile offenders.

- Prosecution agencies need to invest time and money in summarizing practices to ensure the rule of law in prosecution activities.

litigation in general, as well as in the litigation of juvenile crime cases in particular.

- Regularly report and summarize the practical activities of arrest, detention, temporary detention, investigation, prosecution, and trial of juvenile offenders because these are the procedural activities that have the most impact on the human rights of children and juveniles.

- One issue that needs attention is the training and fostering of legal knowledge, child psychology, education and working methods with children for those who conduct proceedings (especially the team of judges) for cases involving minors, gradually building parallel with judges a team of investigators and prosecutors who are relatively specialized in this type of case in order to minimize the violations that are happening during the proceedings to protect the rights and legitimate interests of minor offenders.

* Research on the establishment of a juvenile court

year

Currently, our Party and State have been promoting the implementation of

The policy of judicial reform and the strong construction of a rule-of-law state in Vietnam. In order to contribute to the better and more effective implementation of the Party and State's policies and guidelines on the settlement of criminal cases involving minors in criminal proceedings, to meet the requirements of the fight against crimes committed by minors, and at the same time to strictly implement the recommendations that the international community is making for us to build a judicial system as well as a friendly procedural law for minors, the research to establish a Court

Juvenile justice is necessary, not only to apply penalties and judicial measures to juvenile offenders for the right person, the right crime and the right law, but also to apply the right principles of handling, in accordance with criminal policy, humanitarian principles for this subject, as well as putting the interests of juveniles and crime prevention first.

However, this is a complex issue not only in Vietnam, but also in the world, therefore, there must be a thorough and elaborate research process to be able to come up with a model suitable to the political, cultural, socio-economic, psychological, traditional and historical conditions of Vietnam. Accordingly, juvenile defendants and accused are subjects with special psychological and physiological characteristics, so if they are reformed, they will easily receive education, become useful citizens for their families and for society, this requires the following two requirements:

- The first requirement requires that bringing a juvenile offender to trial must ensure that the right person, right crime, right law and right handling principles are handled;

- The second requirement is that all relationships of the Court do not stop at the trial, but also have a relationship with minors in a broader and larger scope, that is, with the minor's family, with social organizations... The Juvenile Court, in addition to its trial duties, also has the duty to report on the trial, coordinate with social organizations, unions and the minor's family after the trial to serve the education of minors. Therefore, the establishment and operation of the Juvenile Court must meet those two levels (requirements).

To specify this content, in terms of structure and organization, the Juvenile Court can be a specialized Court within the People's Court system with the name - Juvenile Court . Accordingly, this Court is responsible for trying cases where the defendant is a minor between the ages of 14 and 18. The Juvenile Court is also divided into two levels of trial: First Instance and Appeal. Juvenile Courts are mainly formed

established and organized in provincial and municipal courts and district-level People's Courts (of course, in addition, it is necessary to amend the provisions of the Criminal Procedure Code to be more specific on the time limit for prosecution, investigation, prosecution, and trial on the time limit for temporary detention and temporary detention on the participation of families, schools, social organizations, defense attorneys... in cases where the accused is a minor), specifically as follows [74, pp. 56-58]:

First , the Juvenile Court at the District Court has the authority to try at first instance juveniles who commit less serious, serious, and very serious crimes. The Juvenile Court at the Provincial Court has the authority to try at first instance juveniles who commit especially serious crimes.

After we have established the Regional Courts according to Resolution No. 49/NQ-TW dated June 2, 2005 of the Politburo on " Judicial Reform Strategy to 2020 ", the name and organization of the District Court will no longer exist, instead there will be Regional Courts, and the Provincial Court will become the Court of Appeal, including a number of specialized Courts for first-instance trials. The establishment of the District (regional) Juvenile Court to try at first instance juvenile defendants who commit very serious crimes, and the Provincial Juvenile Court to try at first instance juvenile defendants who commit especially serious crimes is consistent with the jurisdiction of the Court as prescribed by the 2003 Criminal Procedure Code (Clause 2, Article 170).

In addition, it is also necessary to note the fact that the number of cases committed by minors each year in provinces and cities across the country is uneven; usually these crimes are concentrated in large cities. Therefore, the establishment of specialized juvenile courts in localities and regions also needs to be calculated reasonably and established in urban areas of the three regions of the North, Central and South, in large cities such as: Hanoi, Da Nang, Ho Chi Minh City. These are

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