Can a minor victim who has been sexually abused be isolated from the accused during a trial in Vietnam?

Can a minor victim who has been sexually abused be isolated from the accused during a trial in Vietnam?

Pursuant to Article 10 of Circular 02/2018/TT-TANDTC stipulating contact between victims under the age of 18 and the accused as follows:

1. In the course of the trial, the trial panel must separate the victim under the age of 18 from the accused in the following cases:

a) Cases in which the victim under the age of 18 is sexually abused, assaulted, or trafficked.

b) Cases in which the victim under the age of 10 is involved.

c) Other cases in which the victim under the age of 18 or their representative requests separation and the trial panel considers it necessary to ensure the best interests of the victim under the age of 18.

2. In the course of the trial of the cases specified in Clause 1 of this Article, the victim participates in the trial in a separate room. Information about the proceedings and the exercise of their rights and obligations is transmitted via an audio-visual online system or other means, but it must be ensured that they can fully follow the proceedings and exercise their rights and obligations.

3. The representative, guardian, expert, social worker, or child protection worker must be present in the separate room to assist the victim in participating in the trial.

Therefore, in the case of a criminal trial for sexual abuse of a minor, the trial panel must separate the victim under the age of 18 from the accused. In the case above, the 17-year-old girl will be separated from the man who sexually abused her.

Can a minor victim who has been sexually abused be isolated from the accused during a trial in Vietnam? - Source: Internet

What are regulations on the participation of representatives, schools, agencies, and organizations in the trial of cases involving minors in Vietnam?

Pursuant to Article 8 of Circular 02/2018/TT-TANDTC stipulating the participation of representatives, schools, agencies, and organizations as follows:

1. The following persons must be present at the trial at the discretion of the Court:

a) The representative of the minor;

b) A representative of the school where the minor studies;

c) A representative of the agency or organization where the minor works or lives.

2. In the event that the persons specified in Clause 1 of this Article are absent for the first time or the second time due to force majeure or objective obstacles, the Court must adjourn the trial.

In the event that the persons specified in Clause 1 of this Article are absent for the second time not due to force majeure or objective obstacles but to ensure the best interests of the minor, the Court may also adjourn the trial.

Therefore, the participation of representatives, schools, and organizations in trials involving minors is carried out in accordance with the above legal provisions.

What criminal cases are within the jurisdiction of the Family and Juvenile Court to be tried in the Criminal Courtroom in Vietnam?

Pursuant to Article 4 of Circular 02/2018/TT-TANDTC stipulating criminal cases are within the jurisdiction of the Family and Juvenile Court to be tried in the Criminal Courtroom in Vietnam as follows:

1. A criminal case in which the defendant is a person from 16 years old to under 18 years old who committed a very serious crime intentionally and a particularly serious crime.

2. A criminal case involving a defendant who is between 14 and under 16 years old and has committed one of the particularly serious crimes specified in Articles 123, 134, 141, 142, 144, 151, 168, 169, 170, 171, 248, 249, 250, 251, 252 and 299 of the Penal Code.

3. Criminal cases have both a defendant who is under 18 years old and a defendant who is 18 years of age or older.

4. Criminal case in which the defendant is 18 years of age or older but the victim is a person under 18 years old who is seriously psychologically injured or in need support for living and studying conditions due to not having a healthy family environment like other people under 18 years old.

Therefore, the above criminal cases will fall under the jurisdiction of the Family and Juvenile Courts and be tried at the Criminal Court Room.

Best regards!