What are diversion measures? What are 12 diversion measures for juvenile offenders in Vietnam?
What are diversion measures?
Based on Clause 8, Article 3 of the Law on Justice for Juvenile 2024,:
Article 3. Interpretation of Terms
In this Law, the following terms are understood as follows:
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- Diversion measures are supervisory, educational, and preventive measures applied to juvenile offenders, including diversion measures in the community stipulated from Clause 1 to Clause 11 of Article 36 of this Law and educational measures at reformatory schools stipulated in Clause 12 of Article 36 of this Law.
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According to the above regulation, diversion measures are supervisory, educational, and preventive measures applied to juvenile offenders, including diversion measures in the community and educational measures at reformatory schools.
What are diversion measures? What are 12 diversion measures for juvenile offenders in Vietnam? (Image from the Internet)
What are 12 diversion measures for juvenile offenders in Vietnam?
According to Article 36 of the Law on Justice for Juvenile 2024, the diversion measures are specified as follows:
Article 36. Diversion Measures
- Reprimand.
- Apology to the victim.
- Compensation for damages.
- Education at the commune, ward, commune-level town.
- Supervision at home.
- Restriction of traveling hours.
- Prohibition from contact with individuals who could lead to new juvenile offenses.
- Prohibition from visiting places that could lead to new juvenile offenses.
[...]
Thus, the 12 diversion measures for juvenile offenders include:
- Reprimand.
- Apology to the victim.
- Compensation for damages.
- Education at the commune, ward, commune-level town.
- Supervision at home.
- Restriction of traveling hours.
- Prohibition from contact with individuals who could lead to new juvenile offenses.
- Prohibition from visiting places that could lead to new juvenile offenses.
- Participation in study or vocational training programs.
- Participation in psychological treatment or counseling.
- Performance of community service work.
- Education at reformatory schools.
In which cases are diversionary measures not applicable in Vietnam?
Based on Article 38 of the Law on Justice for Juvenile 2024, the circumstances in which diversion measures are not applicable are specified as follows:
Article 38. Cases where Diversion Measures are not applicable
- Juveniles from 14 to under 16 years old are not subject to diversion measures in the following cases, except for the situation specified in Clause 3, Article 37 of this Law:
a) Committing a very serious crime in one of the following crimes: Murder, Rape, Rape of a person under 16, Sexual abuse of a person from 13 to under 16, Illegal production of narcotics;
b) Committing very serious crimes 2 times or more or committing multiple very serious crimes as defined in the Criminal Code;
c) Committing especially serious crimes as defined in the Criminal Code.
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According to the above regulation, cases where diversion measures are not applicable include:
[1] Juveniles from 14 to under 16 years old are not subject to diversion measures if belonging to any of the following cases:
- Committing a very serious crime in one of the following crimes:
+ Murder
+ Rape
+ Rape of a person under 16
+ Sexual abuse of a person from 13 to under 16
+ Illegal production of narcotics
- Committing very serious crimes 2 times or more or committing multiple very serious crimes
- Committing especially serious crimes
Note: Except for cases where the juvenile is a minor accomplice in the case.
[2] Juveniles from 16 to under 18 years old are not subject to diversion measures if belonging to any of the following cases:
- Committing a serious crime in one of the following crimes:
+ Rape
+ Illegal production of narcotics
+ Illegal possession of narcotics
+ Illegal sale of narcotics
+ Illegal transportation of narcotics
+ Appropriation of narcotics
- Recidivism or dangerous recidivism
- Committing serious crimes intentionally 2 times or more or committing multiple serious crimes intentionally
- Committing very serious crimes intentionally or committing especially serious crimes
Note: Except for cases where the juvenile is a minor accomplice in the case.
[3] Juveniles who have already been subject to diversion measures and commit a new crime.
