Is child abuse in Vietnam allowed to be tried in secret, or must the judgment of a judgment in a closed trial be made public?
Under what circumstances can the People's Court hear a closed trial?
According to Article 103 of the 2013 Constitution stipulates:
"Article 103.
1. The first-instance trial of the People's Court shall be attended by jurors, except for the case of trial according to summary procedures.
2. Judges and jurors conduct their trials independently and only obey the law; agencies, organizations and individuals are strictly prohibited from interfering in the adjudication of judges and jurors.
3. The People's Court shall conduct a public trial. In special cases where it is necessary to keep state secrets, the fine customs and traditions of the nation, protect minors, or keep private life secret at the legitimate request of the involved parties, the People's Courts may adjudicate. private.
4. People's Courts shall conduct collective trials and make decisions by majority, except for cases of trial according to summary procedures.
5. The principle of litigation in trial is guaranteed.
6. The first-instance and appellate trial regimes are guaranteed.
7. The right to defense of the accused and defendants and the right to protect the legitimate interests of the involved parties are guaranteed."
Thus, in special cases where it is necessary to kep state secrets, fine customs and traditions of the nation, protect minors or keep private life secret at the legitimate request of involved parties, the People's Court may closed trial.
Is child abuse in Vietnam allowed to be tried in secret, or must the judgment of a judgment in a closed trial be made public? (Piture from internet)
Can child abuse in Vietnam be tried in secret?
Concretizing the provisions of the 2013 Constitution, Article 25 of the 2015 Criminal Procedure Code stipulates:
"Article 25. Courts shall conduct trials in a timely, fair and public manner
The court shall conduct the trial in a timely manner within the time limit prescribed by law, ensuring fairness.
The court hearings are open to the public, and everyone has the right to attend the court hearing, except for the cases provided for by this Code. In special cases where it is necessary to keep state secrets, the fine traditions and customs of the nation, to protect persons under 18 years of age, or to keep private life secret at the legitimate request of the involved parties, the Court may conduct a closed trial but must be sentenced publicly."
Thus, the closed trial will be applied in the special cases mentioned above.
Article 423 of the 2015 Criminal Procedure Code provides for the trial of victims who are under 18 years old as follows:
"Article 423. Trial
1. The composition of the first-instance trial panel of the case must have a juror who is a teacher or a youth union official or a person with experience and understanding of the psychology of people under the age of 18.
2. In special cases where it is necessary to protect the defendant or the victim who is under 18 years old, the Court may decide to conduct a closed trial.
3. The court hearing for the defendant being a person under 18 years of age must be present in the presence of the defendant's representative, the representative of the school or organization where the defendant studies and lives, unless these persons are absent without notice. due to force majeure or not due to objective obstacles.
4. The questioning and arguing with the accused, victims and witnesses who are under 18 years old at court hearings shall be conducted in accordance with their age and level of development. Court room is arranged friendly, suitable for people under 18 years old.
5. For cases involving victims and witnesses who are under 18 years of age, the Trial Panel must limit contact between the victim, the witness with the defendant when the victim is the victim, and the witness who presents testimonies. at the trial. The judge presiding over the court session may request the representative or the defender of legitimate rights and interests to question the victim or the witness.
6. When adjudicating, if it is deemed unnecessary to decide on penalties for the accused, the Trial Panels shall apply the measure of education in reformatories.
7. The Chief Justice of the Supreme People's Court shall detail the trial of cases involving persons under 18 years of age by the Family Court and juveniles."
Thus, in special cases where it is necessary to protect the defendant or the victim who is under 18 years old, the Court may decide to conduct a closed trial.
Should the judgment's decision during a closed trial be made public?
According to Article 31 of the 2013 Constitution stipulates:
"Article 31.
1. The accused person is considered not guilty until proven in accordance with the statutory procedures and a court judgment has taken legal effect.
2. The accused must be promptly tried by the Court within the time limit prescribed by law, in a fair and public manner. If the trial is closed according to the provisions of law, the judgment must be made public.
3. No one shall be convicted twice for the same crime.
4. Persons who are arrested, held in custody, detained, prosecuted, investigated, prosecuted or tried have the right to defend themselves or ask a lawyer or another person to defend them.
5. Persons who are illegally arrested, held in custody, detained, prosecuted, investigated, prosecuted, tried or executed judgments have the right to compensation for material and spiritual damage and restoration of honor. Those who violate the law in arresting, detaining, detaining, prosecuting, investigating, prosecuting, adjudicating and executing judgments causing damage to others must be handled according to law.
Article 327 of the 2015 Criminal Procedure Code provides for sentencing as follows:
"Article 327. Sentencing
The presiding judge or another member of the trial panel reads the judgment. In the case of a closed trial, only the decision part of the judgment is read. After reading, you can explain more about serving the sentence and the right to appeal."
Thus, child abuse in Vietnam cases are allowed to be heard in secret, but the decision of the judgment when being tried in secret must be made public.
Lê Nguyễn Cẩm Nhung
