What cases are under jurisdiction of the Family and Juvenile Court in Vietnam?
What cases are under jurisdiction of the Family and Juvenile Court in Vietnam?
What cases are under jurisdiction of the Family and Juvenile Court in Vietnam? - image from internet
Criminal cases involving defendants under 18 years old or cases where the victims are under 18 years old and have suffered serious psychological harm due to the lack of a healthy family environment will be adjudicated in the Family and Juvenile Court.
The Supreme People's Court has recently requested the chief judges of provincial and central-affiliated city courts, district and town courts, and equivalent courts to urgently prepare the necessary conditions, especially in terms of personnel and infrastructure, to organize the Family and Juvenile Court.
This specialized court should have counseling and mediation rooms, child-friendly spaces, medical assistance rooms, and friendly trial rooms. The Supreme People's Court requires judges, judicial assessors, and court clerks of the Family and Juvenile Court to have a firm grasp of the legal provisions on juvenile justice, marriage, and family law. The court must coordinate well with political and social organizations, social welfare organizations, healthcare agencies, and educational institutions to resolve cases within its jurisdiction.
The personnel responsible for this court must have a solid understanding of the legal provisions on juvenile justice, marriage, and family law. In addition, the Chief Judge of the Supreme People's Court also directs the courts to proactively establish coordination regulations with political and social organizations, social welfare organizations, healthcare agencies, and educational institutions at the central and local levels to effectively resolve cases under the jurisdiction of the Family and Juvenile Court.
Circular 01/2016/TT-CA dated January 21, 2016, stipulates that the Family and Juvenile Court handles the following three issues. First, criminal cases where the defendant is under 18 years old or cases where the defendant is over 18 years old but the victim is under 18 years old and has suffered serious psychological harm or needs support in living and studying conditions due to the lack of a healthy family environment like other individuals under 18 years old. Second, considering and deciding on the application of administrative handling measures at the court for juveniles. Third, marriage and family matters as stipulated by the Civil Procedure Code.
Article 91 of the Criminal Code: Principles of Dealing with Offenders Under 18 Years Old
Offenders under 18 years old who fall into one of the following cases and have mitigating circumstances and voluntarily remedy the majority of the consequences, if not falling under the provisions of Article 29 of this Law, may be exempt from criminal liability and apply measures specified in Chapter 2 of this Section:
a) Individuals from 16 years old to under 18 years old who commit less serious crimes, serious crimes, except for cases specified in Article 134 (intentional injury or harm to the health of others); Article 141 (rape); Article 171 (robbery); Article 248 (illegal production of drugs); Article 249 (illegal possession of drugs); Article 250 (illegal transportation of drugs); Article 251 (illegal sale of drugs); Article 252 (embezzlement of drugs) of this Law;
b) Individuals from 14 years old to under 16 years old who commit very serious crimes intentionally prescribed in clause 2 of Article 12 of this Law, except for cases specified in Article 123 (murder); Article 134, clauses 4, 5 and clause 6 (intentional injury or harm to the health of others); Article 141 (rape), Article 142 (rape of individuals under 16 years old); Article 144 (coercive sexual intercourse with individuals from 13 years old to under 16 years old); Article 150 (human trafficking); Article 151 (human trafficking of individuals under 16 years old); Article 168 (theft); Article 171 (robbery); Article 248 (illegal production of drugs); Article 249 (illegal possession of drugs); Article 250 (illegal transportation of drugs); Article 251 (illegal sale of drugs); Article 252 (embezzlement of drugs) of this Law;
c) Individuals under 18 years old who are accomplices but have an insignificant role in the case.
- When adjudicating, the Court shall only impose penalties on offenders under 18 years old if it finds that exempting them from criminal liability and applying measures specified in Chapter 2 or applying educational measures at the educational institution specified in Chapter 3 of this Section do not ensure effective education and prevention.
- Offenders under 18 years old shall not be sentenced to life imprisonment or death penalty...
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