In criminal proceedings, is the victim under 18 years old required to be separated from the defendant in Vietnam?

In criminal proceedings, is the victim under 18 years old required to be separated from the defendant in Vietnam?

Based on Article 10 of Circular 02/2018/TT-TANDTC regulating the contact between victims under 18 years old and the defendant as follows:

- During the trial, the Trial Council must separate the victim under 18 years old from the defendant in the following cases:

+ Cases where victims under 18 years old are sexually abused, physically abused, or trafficked;

+ Cases where victims under 10 years old are involved;

+ Other cases with the request of individuals under 18 years old or their legal representatives and the Trial Council deems it necessary to isolate to ensure the best interests of individuals under 18 years old.

- During the trial of cases specified in Clause 1 of this Article, the victim participates in the trial in a separate room. Information about the trial proceedings as well as the exercise of their rights and obligations is transmitted through a live audiovisual system or by other means, ensuring that they can fully follow the trial proceedings and exercise their rights and obligations.

- Legal representatives, guardians, experts, social workers, and child protection officers must be present in the separate room to support the victim in participating in the trial.

Therefore, in the case of a rape victim under 18 years old, the Court will naturally have to separate the victim from the defendant.

In criminal proceedings, is the victim under 18 years old required to be separated from the defendant in Vietnam? (Image from the Internet)

Is a rape case involving a victim under 18 years old conducted in confidential court in Vietnam?

Based on Clause 1, Article 7 of Circular 02/2018/TT-TANDTC regulating the criminal trial of rape cases involving victims under 18 years old as follows:

- The courtroom must be child-friendly, ensuring the best interests of individuals under 18 years old in accordance with Circular 01/2017/TT-TANDTC dated July 28, 2017, issued by the Chief Justice of the Supreme People's Court regarding courtroom arrangements;

- Judges wear administrative work attire of the People's Court (without robes);

- The organization of the trial and protection of the trial are carried out in accordance with Circular 02/2017/TT-TANDTC dated July 28, 2017, issued by the Chief Justice of the Supreme People's Court on the trial organization regulations;

- For cases where victims under 18 years old are sexually abused, physically abused, or trafficked, the Court must conduct closed trials; for other cases with the request of individuals under 18 years old, their legal representatives, or to maintain privacy and protect individuals under 18 years old, the Court may also conduct closed trials but must pronounce the verdict publicly in accordance with Article 327 of the Criminal Procedure Code;

- No mobile trials are conducted for criminal cases involving participants under 18 years old.

Therefore, in the case of rape involving a victim under 18 years old, the Court is required to conduct a confidential trial.

Best Regards!