Is It Permissible to Take Testimonies from Minors Without the Presence of a Legal Representative?

Can the testimony of a minor be taken in the absence of their legal representative?I have this query and hope you can provide clarification.

Based on Clause 2, Article 14 of Joint Circular 06/2018/TTLT-VKSNDTC-TANDTC-BCA-BTP-BLDTBXH on the coordination in implementing the provisions of the Criminal Procedure Code regarding procedural procedures for persons under 18 years old, issued by the Chief Procurator of the Supreme People's Procuracy, the Chief Justice of the Supreme People's Court, the Minister of Public Security, the Minister of Justice, and the Minister of Labor, War Invalids and Social Affairs, it is stipulated as follows:

- The taking of statements and interrogations must follow the correct sequence, procedures, and timing, ensuring the participation of representatives, defense lawyers, and persons protecting the legal rights and interests of persons under 18 years old according to the provisions of Article 183, Article 421, and other related articles of the Criminal Procedure Code and Joint Circular No. 03/2018/TTLT-BCA-VKSNDTC-TANDTC-BQP dated January 1, 2018, guiding the sequence and procedures for recording audio or video with sound; using, preserving, and storing audio or video recording results during the investigation, prosecution, and trial process.

- In cases where the victim under 18 years old is sexually abused, abused, or trafficked, their statements must be taken immediately after receiving the information about the crime.

According to the provisions of Article 421 of the Criminal Procedure Code 2015, the following regulations apply:

1. When taking statements from persons held in urgent circumstances, arrested persons, detainees, victims, witnesses, or interrogating juveniles, the competent proceedings authority must notify the defense lawyer, representative, or person protecting their legal rights and interests of the time and place of taking statements or interrogations in advance.

2. The taking of statements from persons held in urgent circumstances, arrested persons, detainees, and the interrogation of juveniles must have the presence of their defense lawyer or their representative.

The taking of statements from victims and witnesses must have the participation of their representative or person protecting their legal rights and interests.

Thus, according to the above regulations, when taking statements from persons under 18 years old who are held in urgent circumstances, arrested persons, detainees, or interrogating juveniles, the competent authority must ensure the presence of their defense lawyer, representative, or person protecting their legal rights and interests.

Therefore, statements should not be taken from persons under 18 years old in the absence of their legal representative or defense lawyer, or person protecting their legal rights and interests.

Sincerely!