Circular 01/2011/ttlt-Vkstc-Btp-Bca-Tandtc-Bldtbxh: Guide The Implementation Of Some Provisions Of The Code Of Criminal Proceedings Against Persons Involved In The Proceedings As Juveniles

Original Language Title: Thông tư liên tịch 01/2011/TTLT-VKSTC-TANDTC-BCA-BTP-BLĐTBXH: Hướng dẫn thi hành một số quy định của Bộ Luật Tố tụng Hình sự đối với người tham gia tố tụng là người chưa thành niên

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To the correct and uniform enforcement of the provisions of the code of criminal procedure (hereafter abbreviated as the CRPC) of the proceedings against persons involved in the proceedings is a minor, the Supreme People's Procuratorate, the Supreme People's Court, the Ministry of public security, Ministry of Justice, Ministry of labor, invalids and social guidance as follows : chapter I GENERAL article 1 ISSUES. The purpose of a minor who is not yet fully developed physically and mentally, is the vulnerable audience, especially when they participate in the proceedings in the course of solving the case, so depending on the age, level of maturity and individual needs that they should be protected under the provisions of the law when engaging criminal proceedings.

Article 2. Scope this circular guide some of the CRPC rules related to the participants in the proceedings are juveniles, including: people detained, being accused; the victim, who testified.

Article 3. The responsibilities of the agency conducting the proceedings, the proceedings are conducted in the process of investigation, prosecution, hearing cases relating to juveniles, the agency conducting the proceedings, the proceedings are conducted are: 1. Ensuring compliance with the provisions of Chapter XXXII and the other provisions of the CRPC is not contrary to the provisions of this chapter.

2. Ensure the rights of juveniles under the provisions of the law are respected during the proceedings. The investigation, prosecution, hearing cases involving juveniles must match mentality, their ages.

3. Ensure confidentiality of personal information of minors. Any proceedings related to minors must be conducted in a convenient environment for ensuring secret private life and honour, dignity of minors.

4. limitations to the lowest level of contact between the victim, the witness who is a minor to be accused.

5. Apply appropriate measures, as required under the provisions of the law to ensure the victim, witnesses are minors as well as their loved ones be safe about life, health, honour, dignity, property and the rights, legitimate interests when threatened or her rights being violated.

6. Priority to resolve quickly, accurately, in a timely manner cases regarding minors.

Article 4. Assigned to the person conducting the proceedings when conducting the investigation, prosecution, hearing cases relating to juveniles, the agency conducting the proceedings need assigned investigator, Prosecutor, judge has been training or experience in investigation, prosecution, trial for juveniles or who have the necessary understanding of psychology science education, as well as on the fight against crimes involving juveniles.

Article 5. Guidelines for the handling of juvenile crime in the process of prosecution, investigation, prosecution, hearing the case because juveniles guilty cause, the agency conducting the proceedings need to make the right principles for handling juvenile offenders the provisions of article 69 of the Penal Code. Especially to consider the exemption of criminal liability if any eligible prescribed in clause 2 to article 69 of the Penal Code, delivered them to family, work or education, monitoring organizations to help them fix the mistake and community reintegration.

Chapter II the CRIMINAL PROCEEDINGS AGAINST the ACCUSED, the ACCUSED JUVENILE PERSONS is article 6. Determine the age of the accused, the accused's age determination of being accused as juveniles by the agency conducting the proceeding conducted pursuant to the provisions of the law. The case has imposed legal measures that are still not identified exactly the day, month and year of birth of the accused, the accused then their age is determined as follows: 1. The cases determined, b. specific but not identified on the last day of that month, as the date of birth of the accused , defendants.

2. The cases determined the particular quarter of the year, but does not determine the date in you then get the last day of the last month in which you make the birthday of being accused;

3. identify the specific case the first half or the second half of the year, but does not determine the date in the first half or the second half of the year, then retrieved on June 30, or December 31, respectively of that year made the birth of being accused;

4. The case identified the specific year of birth but did not identify the date of birth of the accused, the accused then retrieved on December 31 of that year made the birth of being accused.

5. in case of unknown year of birth of the accused, the accused are juveniles, they must conduct inspections to determine their age.

Article 7. Supervision for juveniles guilty of 1. The investigating agencies, the Procurator, a court may decide a minor traffic offence for parents or tutors of their supervision to ensure the presence of juvenile offenders when the summons of the agency conducting the proceedings.

2. With regard to juvenile crime is no longer a parent, there is no clear or residence who roam, Dept, no refuge, the investigating authorities should seek to determine the criminal history as well as their families. In no case was identified, the Agency suggested the labor Agency, invalids and Social Affairs or the Youth Union, the women in the place where the arrest occurred or where the criminal investigation authorities dispatched officers to supervise juveniles guilty.

3. When you have accepted the recommendations of the investigating authorities regarding the election of officers oversee juvenile offenders, the Agency has accepted the responsibility of election monitoring officials need elections right officer and promptly notify the agency conducting the proceedings to facilitate them to contact , meet the juveniles guilty.

4. Who was assigned to monitor juvenile offenders must closely monitor, track, and moral education.

Article 8. Application of preventive measures 1. When applying the preventive measures such as arrest, detention, detention for juvenile offenders, the agency conducting the proceedings must accurately identify their age in order to apply the provisions of article 303 CRPC. For the case of an emergency, getting caught, then after the arrest, the agency conducting the proceedings must urgently to verify their age to have decided to handle the suit. Before applying the preventive measures prescribed in article 303 CRPC, the agency conducting the proceedings to consider, taking into consideration the application of other preventive measures provided for in articles 91, 92 and 93 the CRPC.

With regard to minors have adopted measures to prevent the custody, detention, the agency conducting the proceedings are regularly monitored, checked and when it deems necessary to apply preventive measures that then promptly cancelled or replaced by other deterrent measures do not restrict freedom to them.

2. When arrested juvenile crime, in case it is necessary to use force, then the use of force must be as prescribed by law and only in sufficient levels to control juvenile crime.

3. When adopting measures to prevent the detention, detention for juvenile offenders, the agency conducting the proceedings need to limit the extension of the term of custody, detention.

4. Juveniles must be the custody, detention, not be imprisoned together with people who have teenagers. When juveniles found guilty expression puzzled, worried violence could lead to negative behavior, the Agency required the detention facility to apply appropriate measures to avoid adverse consequences can occur.

The regime of custody, detention of juvenile offenders must be secured in accordance with the provisions of the current law.

5. The Agency ordered the arrest, custody, detention of juvenile offenders are notified in writing to the families, their legal representative immediately after the arrest, custody, detention under the provisions of paragraph 3 to article 303 CRPC.

Article 9. Participation in the proceedings of the excuses under the provisions of clause 2, article 57 Article 58 and article 305 CRPC 1. The excuses are required to participate in the proceedings in the case have been accused as juveniles. All cases do not have the excuse to join the proceedings in the case have been accused as juveniles is a serious infringement proceedings, unless they or their legal representative who refused to make excuses. The excuses can be: lawyer; the legal representative of the person detained, is accused; excuses people's Park.

2. When assigning the custody decision or the decision to prosecute accused the decision-making bodies must inform the person with custody, the accused are minors and their legal representatives about the right person.

3. the legal representative of the person detained, being accused as juveniles can choose the excuses under the provisions of the law or himself excuses for people detained, were accused.

4. where the accused, the accused are minors or their legal representatives who do not choose to be the excuse the investigating authorities, the Procurator or the Court must ask the Union lawyer assigned to election law office who make excuses for them or suggest the Committee of Vietnam Fatherland Front members of the Organization, the front people excuses for his organization's members, except in the case of minors or their legal representative refuses.

The investigating agencies, the Procurator or the Court to recommend organizations make legal help make legal aid for accused, the accused is not helpless children and can offer legal assistance to the accused, the accused are juveniles.

5. where the accused or their legal representative refuses the excuses must then set the minutes stored in the case file.


6. The agency conducting the proceedings, the proceedings are conducted to facilitate the excuses make the right exposure, meet with the accused, the accused are minors under the provisions of the law.

Article 10. Testimony of people detained, questioned accused prescribed in article 131 and item 2 Article 306 CRPC 1. The testimony of people detained, questioned accused as juveniles can be made at the place where the investigation or at the residence of that person. Where to take a statement or question should be arranged in a way appropriate officials to relieve the stress, fear of juveniles.

2. In the process of investigation, prosecution, the body conducting the proceedings need to limit the number of times the testimony of people detained, questioned accused are juveniles.

Investigator, Prosecutor when conducting testimony of people detained, questioned accused are minors must have the attitude, behavior and using language consistent with the age, gender, ability awareness, the level of maturation.

Time testimony, questioning should be determined based on your age, health, psychological status, as well as the ability to perceive, the level of maturation, development of minors and require investigation, The testimony of people detained, questioned accused must be halted as soon as juveniles have tired expression , affecting the ability to declare the correct, full.

3. When the retrieved testimony of people detained, questioned accused is a minor, the agency conducting the proceedings must inform the excuses, the legal representative of the time, the testimony, questioning. Where necessary, or when a minor request, can offer dedicated officers, officers help, legal advice, health join to create psychologically reassuring, comfortable for them.

4. When the retrieved testimony of people detained, questioned who is accused sufficient from 14 years to under 16 of age or are a minor downside of mental or physical or other necessary in those cases, the agency conducting the proceedings to inform the representatives of the family to ensure their presence. The testimony of people detained, questioned accused when there is no family representation face just made in the event that the person has no family, family representative deliberately absent without good reason or they refused to participate.

The case represented the family of the detained person, the accused cannot be present, to ensure order, the proceedings are conducted in a timely manner according to the rules, the testimony of people detained, question being can still be made but the agency conducting the proceedings must invite officials in one of the organs of labor, invalids and Social Affairs , Women, youth or lawyers involved testimony, questioning.

Family representatives, officials of the labor Agency, invalids and Social Affairs, representing the women, youth, the lawyer may be seated next to the minors to make psychological peace of mind, comfort for them.

If it is necessary for the process of testimony, questioning the possible for family representatives asked the person detained, asked the accused the question with encouragement, persuasion, education. Family representatives were not asked these questions, hint nature oriented, affirmative nature question, related to the negative case. When you see the family representatives have information signs, mớm offer to immediately request a family representative to stop asking and set the minutes on this.

5. Representatives of families of people detained, accused juvenile persons are given documents, objects, required and recommended changes to the conduct of the proceedings; complaints the acts in the proceedings of the person conducting the proceedings; read the case file at the end of the investigation.

Article 11. Trial of the case have accused are juveniles 1. The composition of trial of the case have accused juveniles must have people's jurors are or have a teacher or Youth League officials 2. In addition to the cases prescribed in article 18 the CRPC, the Court can decide to trial the case closed because minors guilty cause to facilitate the process of reintegration in their communities.

Do not proceed to trial mobile case due to a minor cause, except in cases of need, education advocacy law and prevention of crime.

3. When the conduct of the trial, the Court may rearrange the position of the person conducting the proceedings, the participants in the proceedings in the courtroom in order to reduce the feeling of nervousness, fear for juvenile offenders.

Not handcuffed or the use of other coercive means during a trial in court, unless they are guilty of particularly serious, very serious due to deliberate or negative job or expressed opposition, disorderly at the trial.

4. At trial the accused are juveniles must be representative of the family of the accused, except in the case of intentional family representatives absent without justifiable reasons, the representatives of the school, where academic institutions, activities.

Representatives of the families of the accused, representative of the school, the organization participated in the trial have the right to put out material, objects, required and recommended changes to the conduct of the proceedings; join the debate; complaints the acts in the proceedings of the authority conducting the proceedings and the decision of the Court.

Where necessary, or when a minor request, the Court may invite representatives of the labor Agency, invalids and Social Affairs, women, youth or other support personnel join the trial to support them.

5. The interrogations, the questioning of the accused are juveniles at the trial must follow the provisions of article 209 CRPC and consistent with age, the level of development of the accused.

The explanation of rights and obligations, pretrial procedures as well as the questions put forward at the trial need simple, clear to ensure for juveniles and represented their families can understand and properly answer the question.

The Board of review to allow juveniles to express your opinions, views, their aspirations and to weigh and consider the comments, views, aspirations before judgment, decision.

Chapter III PROCEDURE for CRIMINAL PROCEEDINGS AGAINST the VICTIM, the WITNESS who is a MINOR article 12. Determine the age of the victim is a minor the determination of the age of the victim is a minor by the agency conducting the proceeding conducted pursuant to the provisions of the law. The case has imposed legal measures that are still not identified exactly the day, month and year of birth of the victim is a minor, then their age is determined as follows: 1. in case of determining specific birth month, but does not identify the date of birth in that month, a month that's done on the date of birth;

2. The cases determined the particular quarter of the year, but did not identify the date in you then get on one of your first days of birth;

3. identify the specific case the first half or the second half of the year, but does not determine the date in the first half or the second half of the year, on a January or on a July respectively of that year made the birth;

4. The case identified the specific year of birth but did not identify the date of birth then get on a January of that year made the birth.

5. in case of unknown year of birth of the victim is a minor, they must conduct inspections to determine their age.

Article 13. Guardian and help for the victim is a minor 1. When identified the victim as juveniles, the bodies conducting proceedings should immediately notify the parents, tutors, the legal representative of the victim is a minor so they can meet and make the right, its obligations in the course of the proceedings.

2. In addition to the individuals participating in the proceedings as a guardian, legal representative, the agency conducting the proceedings may suggest the labor agency representatives, invalids and Social Affairs, representing the women, the Youth Union in place to conduct the proceedings or other support staff help for the victim is a minor , especially those without families, wandering Dept, children are not helpless, children trafficked, μtorrent, seized when they or their families have requested assistance on shelter, counseling, medical, health care, legal assistance, psychology in the course of the proceedings or when it deems necessary.

For the victim's children are not helpless, the agency conducting the proceeding to suggest organizations make legal help legal help for them. The Agency conducted the proceeding can also recommend organizations make legal help legal help for the victim is a minor.

3. When the agency conducting the proceedings suggest election officials involved in the proceedings in support of the victim is a minor, the agency or organization's recommended need elections soon and inform the agency conducting the proceedings to facilitate support officers exposed , meet the victim is a minor.

4. The parents, sponsors, representatives and legal assistants got the responsibility of help to the victim is a minor can participate in the stage of the proceedings of the case.

5. The agency conducting the proceedings, the proceedings are conducted are: a) to ensure to provide the necessary information about the litigation process to the victim is a minor as well as to parents, tutors, legal representative, their support staff;

b) ensure the presence of the parents, sponsors, representatives, officials and support so that they can support, motivate the victim are minors during the proceedings;

c) ensure the victim is a minor, the child is getting the help from professional medical, health, legal, psychological fit when they need to.

Article 14. The joining of the protection of the rights of the victim are minors


1. The agency conducting the proceedings must notify the victim is a minor or the parents, sponsors, their legal representative on the rights lawyer, Member or other person to defend the rights of the victim is a minor.

Cases the victim is a minor or the parents, sponsors, their legal representatives do not choose to be the protection of the rights of the victim, then at the request or suggestion of them, investigating agencies, the Procurator or the Court should require Union lawyer assigned to election law attorney or agency the Organization, the victim is a member of election staff excuses people defend the rights for them.

2. The protection of the rights of the victim are minors have the right to participate in the proceedings from the prosecution accused to be present when the bodies conducting proceedings took the testimony of people he defended; have the right to appeal the verdict, part of court decisions relevant to the rights, obligation of the person himself; have the right to propose changes to the conduct of the proceedings, the examiner, the translation as provided by the CRPC.

Article 15. The victim testimony, witnesses are juveniles 1. The testimony the victim, the witness who is a minor may be made at the place where the investigation or at the residence of that person. Where the victim testimony, witnesses are minors should be arranged in a manner appropriate to them to feel safe, comfortable.

2. the investigator, the Procurator when conducting testimony the victim, the witness who is a minor must have a friendly attitude, gentle, use appropriate language with age, gender, ability awareness, the level of maturation.

3. When the testimony of the victim, who testified that children, the agency conducting the proceedings to invite parents, tutors, guardians of the interests of the victim or the legal representative or the person's teachers attended.

At the request of the victim, witnesses are minors or their legal representative, the agency conducting the proceedings may invite representatives of the labor Agency, invalids and Social Affairs, women, youth or other support personnel join to support them.

4. the proceeding authority needs based on age, health, psychological status, cognitive ability, the level of maturation, development of the victim, the witness who is a minor and require investigation to apply appropriate professional measures to reduce to the lowest level of testimony as well as determine the length of the testimony for the them. The testimony the victim, witnesses are minors must pause as soon as they have the expression of fatigue affects the ability to declare the correct, full.

5. The collection of evidence, testimony the victim is a minor, including the test traces on people, take pictures of injuries, recording, taping must follow the rules of the CRPC and must ensure does not affect the psychology as well as the right to confidentiality of personal information and honors , their dignity.

When the victim testimony, witnesses are minors, the agency conducting the proceedings may be recording, filming and must record in the minutes about this to when conducting the trial of the case, the Board of review can use a cassette recorder, video recorder that complement the evidence has been gathered in the investigation process.

6. The agency conducting the proceedings are limited to low levels for the conduct of confrontation between the victim are minors, especially children with being accused to not hurt their spiritual psychology. For the case of sexual violations, violence, sale, seized the children then just proceed as for the substance to see whether it is necessary to clarify the details of the case that if not for the substance are not able to solve the case.

Article 16. Trial of the case to have the victim is a minor 1. When conducting the hearing of the case had the victim is a minor, to secure the best interests for them, the Court should create conditions for the composition of trial jurors are people or have a teacher or Youth League cadres such as in the case of the trial of the case have accused juveniles.

2. When the conduct of the trial, the Court can rearrange things and positions of the persons conducting the proceedings, the participants in the proceedings in the courtroom in order to reduce the feeling of nervousness, fear for the victim, the witness who is a minor.

The explanation of rights and obligations, pretrial procedures as well as the questions put forward at the trial need simple, clear to help for the victim, the witness who is a minor and represented their families can understand and properly answer the question.

Presiding can ask parents, tutors or teachers, teachers help to ask witnesses are minors.

3. To protect the rights of privacy and honor, the dignity of the victim are minors and reduce the feeling of fear of them, before proceeding to trial, the Court should consider, weigh the details related to the case to decide whether a trial or not, especially in the case of child sexual , purchase and sale of children.

4. for the case to be the victim, witnesses are minors, especially in the case of child sexual violations, the sale of children, the Court should base on the material, the evidence already in the record of the case to decide whether the trial of the case when the victim the witness, who is a minor is absent, limiting the trial postponed.

5. When should ask the victim, who testified as the juveniles presented his testimony at the trial in conditions allowing, the Board of review can allow them behind diaphragms, screens to not see the accused or witness directly in another room through a connecting the camera system.

6. To the victim, the witness who is a minor may understand more about the courts, when they or legal representatives, or their parents ' request, the Court may give them to the courtroom before the court hearing the case involving them.

Chapter IV article 17 ENFORCEMENT TERMS. Effective enforcement of this circular in force after forty-five days from the date The report. The provisions in the guidance documents of the Supreme People's Procuratorate, the Supreme People's Court, the Ministry of public security, Ministry of Justice, Ministry of labor, invalids and Social Affairs concerning the person arrested, the participants in the proceedings is a minor (if any) contrary to this circular are abolished.

In the implementation process if problems arise or problems need to explain, guide and suggestions reflected to the Supreme People's Procuratorate, the Supreme People's Court, the Ministry of public security, Ministry of Justice, Ministry of labor, invalids and Social Affairs to have the explanation or tutorial additional timely,./.