Child abuse to be held a closed hearing in Vietnam? If the trial is held in closed session, shall the judgments be pronounced publicly?
What are the regulations on closed hearing in Vietnam?
According to Article 103 of the Constitution in 2013, it stipulates:
"Article 103
1. Except in the case of trial by summary procedure, Assessors shall participate in first-instance trials by the People's Courts.
2. During a trial, the Judges and Assessors are independent and shall obey only the law. Agencies, organizations or individuals are prohibited from interfering in a trial by Judges and Assessors.
3. The People’s Courts shall hold their hearings in public. In a special case which requires protection of state secrets, conformity with the fine customs and traditions of the nation, protection of minors or protection of private life and at the legitimate request of an involved party, the People’s Court may hold a closed hearing.
4. Except in the case of a trial by summary procedure, the People’s Courts shall try cases on a collegial basis and make decisions by a vote of the majority.
5. The adversarial principle shall be guaranteed in trials.
6. The first-instance and appellate hearing system shall be guaranteed.
7. The right of the accused or defendants to a defense, and the right of involved parties to protect their lawful interests, shall be guaranteed."
Thus, In a special case which requires protection of state secrets, conformity with the fine customs and traditions of the nation, protection of minors or protection of private life and at the legitimate request of an involved party, the People’s Court may hold a closed hearing.
Child abuse to be held a closed hearing in Vietnam? If the trial is held in closed session, shall the judgments be pronounced publicly?
Child abuse to be held a closed hearing in Vietnam?
Concretizing the provisions of the Constitution in 2013, Article 25 of the Criminal Procedure Code 2015 stipulates:
"Article 25. Timely, just and public trial
A Court holds trials in timely manner by the regulated deadline and upholds fairness.
A Court tries publicly and every person is entitled to attend the trial, unless otherwise stated in this Law. For special cases involved in state secrets, national traditions, protection of persons aged below 18 or personal privacy as per litigants’ rational requests, a Court may try in closed session but must pronounce its judgments publicly."
Thus, the closed trial will be applied in the following cases:
- Special cases involved in state secrets;
- Special cases involved in national traditions;
- Special cases involved in protection of persons aged below 18;
- Special cases involved in personal privacy as per litigants’ rational requests.
Article 423 of the 2015 Criminal Procedure Code provides for the trial of crime victim below 18 years of age as follows:
"Article 423. Adjudication
1. The trial panel of the first-instance court must consist of a lay assessor who has been a teacher or Youth Union’s official or possessed experience and psychological knowledge regarding persons less than 18 years of age.
2. If a defendant or crime victim below 18 years of age must be protected in special circumstances, the Court can decide to hold a secret trial.
3. The representatives of defendants aged under 18, representatives of the school or organization where such defendants pursue education and do daily activities must attend the trial against the juveniles, unless such representatives are absent not due to force majeure or objective obstacles.
4. The session of questioning or debate in court for defendants, crime victims and witness testifiers under 18 must correspond with their age and growth level. The courtroom must be congenial and conformable to persons less than 18 years of age.
5. If crime victims and witness testifiers are less than 18 years old, the Trial panel must limit the interaction between such juveniles and defendants when the said adolescent give testiomines in court. The presiding judge can request the representative, protector of legitimate rights and benefits to question the victims and witness testifiers.
6. The trial panel, when holding the trial, shall have defendants to undergo educational remedies in a reform school if considering penalties not necessary.
7. The president of the Supreme People’s Court shall elaborate the juvenile and family Court's adjudication of cases involved in persons under 18."
Thus, for acts of violence against children under 18 years of age, in the case of protecting children under 18 years of age, the court may issue a closed trial decision.
If the trial is held in closed session, shall the judgments be pronounced publicly?
According to Article 31 of the Constitution in 2013, it stipulates:
"Article 31
1. A person charged with a criminal offense shall be presumed innocent until proven guilty according to a legally established procedure and the sentence of the court takes legal effect.
2. A person charged with a criminal offense shall be promptly tried in an impartial and public manner by a court within a legally established time limit. In case of a closed trial in accordance with law, the verdict must be publicly pronounced.
3. No one may be tried twice for the same offense.
4. A person who is arrested, held in custody, temporarily detained, charged with a criminal offence, investigated, prosecuted or brought to trial has the right to defend himself or herself in person or choose a defense counsel or another person to defend him or her.
5. A person who is illegally arrested, held in custody, temporarily detained, charged with a criminal offence, investigated, prosecuted, brought to trial or subject to judgment enforcement has the right to compensation for material and mental damages and restoration of honor. A person who violates the law in respect of arrest, detention, holding in custody, laying of charges, investigation, prosecution, trial or judgment enforcement, thereby causing damages to others, shall be punished in accordance with law."
Article 327 of the 2015 Criminal Procedure Code provides for pronouncement of judgments as follows:
"Article 327. Pronouncement of judgments
The presiding judge or a member of the Trial panel shall read the sentence document. In a closed trial, only the ruling section of the sentence document shall be read. Additional explanations on the abidance by the sentences and the right to appeal may be provided after the reading of the sentence document."
Thus, for necessary cases, the court shall be held in closed session, but the judgments shall be pronounced publicly in accordance with the above provisions.
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