What are regulations on taking statements of minor victims and witnesses in Vietnam?
Hello Lawnet. My name is Tran Thuy Nha. I'm a third-year law student at Ton Duc Thang University. To meet the demand for the report, I have researched the investigation, prosecution, and trial of cases involving minors. However, I still have a question related to this issue. What are regulations on taking statements of minor victims and witnesses in Vietnam? Which document stipulates this issue? Thank you!
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What are regulations on taking statements of minor victims and witnesses in Vietnam? - image from internet
Pursuant to Article 15 of the Joint Circular 01/2011/TTLT-VKSTC-TANDTC-BCA-BTP-BLDTBXH on guidelines on a number of provisions of the Criminal Procedure Code on minor procedure participants issued by the Supreme People's Procuracy, the Supreme People's Court, the Ministry of Public Security, the Ministry of Justice and the Ministry of Labor, War Invalids and Social Affairs, the regulations on taking statements of minor victims and witnesses in Vietnam are stipulated as follows:
1. The taking of statements of minor victims or witnesses may be conducted at places of investigations or their places of residence The places of taking statements of minor victims of witnesses must be arranged in an appropriate manner to ease and relax them.
2. Investigators and prosecutors, when taking statements of minor victims and witnesses, shall show friendly and tender altitudes and use the language suitable to their age. sex, perception capacity and growth level
3 W hen taking statements of child victims or witnesses, procedure conducting bodies shall invite their parents, sponsors or defense counsels or other lawful representatives or teachers to participate.
At the request of minor victims or witnesses or their lawful representatives, procedure-conducting bodies may invite representatives of the Labor, War Invalids and Social Affairs agency, Women's Union. Youth Union or other aid officers lo participate in order to assist them.
4 Procedure-conducting bodies shall base themselves on the age. psychological and health conditions, the perception capacity and growth level of minor victims or witnesses and the investigation requirements to apply appropriate professional measures aiming lo minimize the number of statement takings and lo determine the length of time of each statement taking. The taking of statements of minor victims or witnesses must immediately cease when they show signs of tiredness, which can affect their accurate and full statements.
5. The collection of evidence and taking of Statements of minor victims, including examination of marks on their bodies, injury photographing, sound and video recording, must comply with the Criminal Procedure Code and not affect their psychology as well as the confidentiality of their personal information, honor and dignity
When taking the statements of minor victims or witnesses, procedure conducting bodies may audially and visually record the taking and record it in a minutes so that during court hearings the trial panel may use those audio and video tapes to support the evidence already collected in the course of investigation.
6. Procedure-conducting bodies shall limit to the utmost confrontations between minor victims, especially children, and the accused or defendants so as not to injure them psychologically and mentally, for eases of sexual abuse, torture, trafficking or appropriation of children, confrontations may be carried out only when it is necessary to clarity details of cases which cannot be settled without the confrontations.
Above are regulations on taking statements of minor victims and witnesses in Vietnam. Please refer to the Joint Circular 01/2011/TTLT-VKSTC-TANDTC-BCA-BTP-BLDTBXH for more details.
Best regards!
