In a hearing of a sexual exploitation or abuse case whose victim is under 18 in Vietnam, shall the defendant be permitted to directly question the victim?
- Vietnam: What is “sexual exploitation or abuse of persons under 16”?
- What is the time limit for settlement of a sexual exploitation or abuse case whose victim is under 15 in Vietnam?
- In a hearing of a sexual exploitation or abuse case whose victim is under 18 in Vietnam, shall the defendant be permitted to directly question the victim?
Vietnam: What is “sexual exploitation or abuse of persons under 16”?
Clause 1, Article 2 of Resolution 06/2019/NQ-HDTP stipulates as follows: “sexual exploitation or abuse of persons under 16” means using violence, threatening to use violence, forcing, persuading or enticing a person under 16 to participate in sexual activities, including rape, sexual abuse, sexual intercourse and molestation of a person under 16 and using a person under 16 for pornographic or prostituting purposes in any shape or form (e.g. sexual exploitation or abuse committed with consent of a person under 13), via force or promises of financial interests (money or property) or non-financial interests (e.g. high grades, favorable evaluation, advancement opportunity, etc.).
What is the time limit for settlement of a sexual exploitation or abuse case whose victim is under 15 in Vietnam?
Article 7 of Resolution 06/2019/NQ-HDTP stipulating the time limit for settlement of a sexual exploitation or abuse case whose victim is under 18:
- Summary procedures shall be implemented for the cases that satisfy the requirements prescribed in the law on criminal procedures;
- Other cases shall be brought to trial within ½ of the time limit permitted by the law for the corresponding cases.
Hearing of a sexual exploitation or abuse case whose victim is under 18
In a hearing of a sexual exploitation or abuse case whose victim is under 18 in Vietnam, shall the defendant be permitted to directly question the victim?
Article 7 of Resolution 06/2019/NQ-HDTP stipulates on hearing of a sexual exploitation or abuse case whose victim is under 18 as follows:
- Regarding the hearing of a sexual exploitation or abuse case whose victim is under 18, the Court shall:
+ Conduct a secret trial and pronounce the sentence publicly according to regulations of Article 327 of the Criminal Procedure Code. When pronouncing the sentence, the trial panel shall read only the ruling section of the sentence document;
+ Assign a judge who possesses knowledge or experience in settlement of cases related to persons under 18;
+ The Judge shall adopt the workplace dress code of the People’s Court, excluding the robe, when hearing the case;
+ Hear the case in a friendly courtroom as prescribed in the Circular No. 01/2017/TT-TANDTC dated July 28, 2017 and Circular No. 02/2018/TT-TANDTC dated September 21, 2018 by the Chief Justice of the Supreme People’s Court;
+ Ensure the participation of a representative, guardian or person protecting the legitimate rights and interests of the person under 18.
- Regarding the hearing of a sexual exploitation or abuse case whose victim is under 18, depending on specific conditions and situations, the Court shall follow these instructions:
+ Avoid summoning the victim if the case could be settled via other measures (e.g. using the victim’s testimony from the investigation or prosecution stage; inviting the victim to the Court or another lawful location to give a testimony in writing or have the testimony recorded by a sound recorder, camcorder, etc.).
+ If the victim has to be summoned to the hearing, the Court shall assist the victim in becoming acquainted with the Court's environment and the proceedings; and provide a separate room and electronic devices (e.g. microphone, loudspeaker, television, camera, etc.) to protect the victim’s mental state when they give a testimony or participate in the hearing; if a separate room could not be arranged, the victim may be seated in the courtroom and separated from the defendant by a screen, and the distance between the trial panel and the victim shall not exceed 03 meters.
+ Questions for the victim shall be suitable for their age, development stage, education level and knowledge. The questions shall be concise, clear, simple and comprehensible; not involve too many matters at the same time; serve to clarify the case’s facts and not to draw up a discussion. A question for a victim under 10 shall not exceed 10 words and each questioning time shall not exceed 01 hour.
+ Use a diagram or model of the human body with its parts numbered for the victim to identify the body parts involved in the offence.
+ Any question from the defendant to the victim must be transferred to the defense counsel or trial panel and be asked by such defense counsel or trial panel.
- Regarding the hearing of a sexual exploitation or abuse case whose victim is under 18, the Court shall not:
+ Request the victim to describe the crime in details;
+ Ask any question that is of a criticizing, threatening, shaming or offending nature to the victim;
+ Permit conversation between the victim and the defendant in the hearing;
+ Identify the body part(s) involved in the offence by asking the victim to directly point at the body part(s) of themselves or another person;
+ Permit the defendant to directly question the victim;
+ Force the victim to stand in the hearing;
+ Publicize the sentence document or the Court’s decision relating to the case on the Court’s portal.
Thus, based on the above provisions, if you’re the defendant in an abuse case whose victim is under 18 in Vietnam, you’re not allowed to directly question the victim.
If you have questions for victim, you must ask them indirectly through the Judge, lawyer or other authorized persons.
Thư Viện Pháp Luật
