05 judgments on the rules for taking actions against juvenile offenders of the Court of Vietnam

Below are 05 criminal judgments that the Court applies these principles to solve the case.

1. Judgment 69/2017/HSPT dated August 21, 2017 for illegal trading in narcotics

- Level of trial: Appellate

- Judicial body: People's Court of Hai Duong province

- Quoting the content: "Although Nguyen Van K has been convicted twice, according to the provisions of Point b, Clause 1, Article 107 of the Criminal Code 2015: "The offender aged from 16 to under 18 is convicted of a less serious crime, serious crime or an involuntary very serious crime shall be treated", then defendant K is not considered to have a criminal record under the sentence No. 33/2014/HSST dated 04/03/ July 2014 of the People's Court of Nam Sach district, because at that time Nguyen Van K was under 18 years old."

2. Judgment 64/2020/HS-ST dated September 11, 2020 on the crime of intentionally damaging property

- Level of trial: First instance

- Judicial body: People's Court of Chau Doc city, An Giang province

- Quoting the content: "Considering the age of the defendant when committing the crime, the defendant was born on May 10, 2002 according to birth extract No. 78/TLKS-BS dated April 14, 2020. At the time of committing the crime on November 9, 2019, the defendant was over 16 years old but under 18 years old; Therefore, the Trial Panel shall apply the statute of persons under 18 years of age committing the offences specified in Chapter XII of the Criminal Code of Vietnam to the accused as proposed by the Procurator.”

3. Judgment 50/2019/HSST dated April 24, 2019 for property theft

- Level of trial: First instance

- Judicial body: People's Court of Pho Yen town, Thai Nguyen province

- Quoting the content: "During the investigation process and at today's court hearing, the defendant sincerely declared, and repented, the property appropriated by the accused was recovered and compensated for the victim, so it was reported enjoying the extenuating circumstances specified at Points b, i, s Clause 1, Article 51 of the Criminal Code of Vietnam. At the trial, the victim asked the Trial Panel to consider mitigating the punishment for the defendant, so the defendant was entitled to more extenuating circumstances of penal liability specified in Clause 2, Article 51 of the Criminal Code. The defendant suffered no aggravating circumstances. In addition, defendant Le Duc L committed the crime when he was less than 18 years old, so it is necessary to apply Article 91 on the principle of adjudicating the offenders under 18 years of age and Clause 1, Article 101 of the 2015 Criminal Code to apply penalties to the accused. .”

4. Judgment 64/2018/HS-PT dated 24/08/2018 on the crime of intentionally causing injury

- Level of trial: Appellate

- Judicial body: Hai Phong City People's Court

- Quoting the content: "According to the principle of handling juvenile offenders, when applying penalties to juvenile offenders, it is necessary to limit the application of imprisonment penalties, the handling of juveniles should be limited. The main purpose of committing crimes is to educate and help them correct their mistakes, develop healthily and become useful citizens of society. Considering that the defendant is still a minor, his legal awareness is still limited, his behavior is spontaneous and instantaneous, and the defendant himself always strictly abides by the law policies and procedures of the State and local movements. The local authorities and the school where the defendant lives and studies have applied for the defendant's social re-education and pledged to be responsible for managing and educating the accused during the local re-education period."

5. Judgment 33a/2021/HS-PT dated 07/06/2021 for property theft

- Level of trial: Appellate

- Judicial body: People's Court of Quang Binh province

- Quoting the content: "accused C has told defendant H to go into Ms. H's house to steal property. C's actions affected H's spirit, leading to H agreeing with C to commit a crime (stealing Ms. H's property). At the time defendant C and defendant H committed the crime, both defendants were minors (under 18 years old), however, according to the guidance in section 24, Part I of Official Dispatch No. 16/1999 /KHXX dated February 1, 1999 of the Supreme People's Court: "Instigating persons under 18 years old to commit crimes" is an aggravating circumstance of criminal liability of the offender, but does not stipulate that the instigator must be a criminal who has reached the age of 18. Therefore, if an offender under the age of 18 instigates another person under 18 to commit a crime, the Court must apply the aggravating circumstance of criminal liability "Inciting a minor to commit a crime" when adjudicating the crime. Thus, the first-instance judgment of the People's Court of Ba Don town that did not apply the aggravating circumstance "Inciting people under 18 years old to commit a crime" specified at point 0 clause 1 Article 52 of the Criminal Code is flawed. "

Please Login to be able to download