CRIMINAL PROCEDURES
FOR ADOLESCENTS
OUTLINES
1. General provisions on adolescents.
2. Procedures for taking testimonies, interrogation and confrontation with adolescents.
3. The right to advocate for adolescents.
4. Trial procedures for adolescents.
Criminal procedure procedures for minors shall be applied when the accused, defendants or victims in criminal cases are minors and carry out necessary procedures in criminal cases because the minors are protected by law. Thus, how does the law regulate the order and procedures of criminal proceedings against minors? The following article will provide you with the necessary information about the children under the legal age.
Illustration of criminal proceedings against minors
- A minor is a person under the age of 18 as prescribed by law.
- In a criminal case, when the accused, defendant or victim are minors, the law provides for this subject special rights and obligations, as follows:
According to the provisions of Article 415 of the 2015 Criminal Procedure Code guiding the requirements for procedure-conducting persons to conduct criminal cases, including minors, they must have experience in investigation, trial and prosecution. prosecute cases involving minors or have received training in juvenile cases; have an understanding of psychology and educational science for adolescents.
Determining the age of the accused, defendants and victims in criminal cases who are minors according to the provisions of Article 417 of the 2015 Criminal Procedure Code, guided by competent procedure-conducting agencies. performed in accordance with the law.
- In case it is not possible to determine exactly, the age of the accused, defendants or victims in criminal cases as minors shall be determined as follows:
- If the month can be determined but the date cannot be determined, the last day of that month shall be used as a basis for determining the age of the accused, defendants or victims in criminal cases who are minors.
- If the quarter can be determined but the day and month cannot be determined, the last day of the last month in that quarter shall be used as the date of birth to serve as a basis for determining the age of the accused, defendants or victims in criminal cases of adolescents.
- If the half of the year can be determined but the day and month cannot be determined, the last day of the last month in that half year shall be used as the date of birth to serve as a basis for determining the age of the accused, defendants or victims in the criminal cases of adolescents.
- If the year can be determined but the day and month cannot be determined, the last day of the last month of the year shall be used as the date of birth to serve as a basis for determining the age of the accused, defendants or victims in criminal cases of adolescents.
- If the year cannot be determined, the expert shall be used as a basis for determining the age of the accused, defendants or victims in criminal cases of adolescents.
- According to the provisions of Article 421 of the Criminal Procedure Code 2015, the procedures for taking testimonies, interrogation and confrontation with minors are as follows:
- The case, the juvenile is arrested; detained; victim; witness; For urgent interrogation of the accused, the agency competent to conduct proceedings must notify the place and time of taking the testimonies and interrogation to the representative, defense counsel and defender of the lawful rights and interests of the adolescents.
- In case a minor is arrested, held in custody or interrogated by the accused, a defense counsel or legal representative must be present. In this case, the defense counsel or the legal representative of the minor may participate in questioning the juvenile if so agreed by the investigator or procurator. After the testimony and interrogation is over, the defense counsel or the legal representative may continue to question the minor.
- In the case of minor victims, witnesses must be attended by a representative or a defender of the minor's legitimate rights and interests.
- Note: Time to take testimonies for minors is not more than 02 times/day, once for no more than 02 hours, unless the case is complicated. The time for interrogation of the accused who is a minor is no more than 2 times a day, each time not exceeding 02 hours, except for the following cases (tracing the escaped offender; preventing others from committing crimes; committing crimes in an organized manner; complex cases; search for evidences, tools and means related to the case; confront the accused and defendants to settle the case).
- According to Article 422 of the 2015 Criminal Procedure Code, which guides on the right to defend minors, they have the right to defend themselves or ask others to defend them when the juvenile is charged with a crime.
- The legal representative of the juvenile accused has the right to defend himself or to choose a defense counsel for the accused juvenile.
- When the accused juvenile does not have a defense counsel or a legal representative of the accused juvenile fails to choose a defense counsel, the procuracies, courts or investigating bodies shall appoint defense counsels in accordance with the law.
Illustration of a juvenile court trial
- According to Article 423 of the 2015 Criminal Procedure Code, the guidelines for trial procedures for minors are as follows:
- For the trial, the minor who is the defendant must be present at the juvenile's legal representative; school representatives; organizations where minors are studying and living; except where the representative for the minor is absent due to force majeure or objective obstacles. The trial panel restricts the relationship between minors who are victims and witnesses and defendants when presenting testimonies at court sessions. The presiding judge of the court hearing may ask the defense counsel of lawful rights and interests or the legal representative of the minor to ask the minor.
- For the first-instance trial panel of the case, there must be a juror who is a teacher who is a juror or an officer of the Youth Union who is a juror or who has experience and knowledge about minors as a juror.
- For minors who are defendants who need protection in special cases, the Courts shall decide to conduct closed trials.
- When conducting interrogations and arguments with minors who are the defendants, victims, and witnesses, conduct them in accordance with the juvenile's age and development level at the trial, and arrange a courtroom in accordance with the suitable law for minors.
- When adjudicating, the Trial Panels shall decide on penalties for minors who are the defendants. In cases where it is not necessary to apply penalties, the measure of education in reformatories shall be applied.
➤ Read more:
➤ Penalties are prescribed under the 2015 Penal Code
➤ Distinguish between intentional and unintentional crimes
➤ Order and procedures for starting a criminal first-instance court hearing.
➤ Order and procedures for criminal proceedings against minors in criminal cases.
Above is the content of the order and procedures for criminal proceedings against minors in the criminal case of Thinh Tri Law Firm to send to readers. If you have any questions, please contact Hotline 1800 6365 for advice.
