What is coordination in transferring and receiving case files and indictments in cases of sexual abuse of people under 18 years old in Vietnam?

What is coordination in transferring and receiving case files and indictments in cases of sexual abuse of people under 18 years old in Vietnam?

In Article 21 of Joint Circular 01/2022/TTLT-VKSNDTC-TANDTC-BCA-MQP-BLDTBXH regulating the coordination of transferring and receiving case files and indictments in cases of sexual abuse of people under 18 years old as follows:

1. The Procuracy hands over the file of the case of sexual abuse of a person under 18 years old and the indictment to the Court for first instance trial according to the provisions of Article 244 and Article 276 of the Criminal Procedure Code, information for the Court to arrange, arrange time, and receive documents quickly and promptly.

2. When handing over the case file, the Procuracy prepares all evidence documents and completes the proceedings to hand over the file to the Court. If the case file is incomplete (such as the indictment has not been delivered to the defendant, there is no inventory of evidence, there is a lack of a list of people who need to be summoned to trial) or the documents are not arranged in the correct order compared to list of documents and evidence; incorrectly numbered records, the Court requests the Procuracy to supplement and correct it immediately.

What is coordination in transferring and receiving case files and indictments in cases of sexual abuse of people under 18 years old in Vietnam? (Image from the Internet)

What is coordination in the first instance trial preparation phase in a case of sexual abuse of a person under 18 years old in Vietnam?

In Article 22 of Joint Circular 01/2022/TTLT-VKSNDTC-TANDTC-BCA-MQP-BLDTBXH there are regulations on coordination in the preparation stage for first instance trial in cases of sexual abuse of people under 18 years old as follows:

1. Coordination in returning case files requiring additional investigation:

a) Coordination between the Court and the Procuracy when having to return documents for additional investigation is carried out in accordance with the provisions of Joint Circular No. 02/2017/TTLT-VKSNDTC-TANDTC-BCA-BQP dated September 22, 2017 of the Supreme People's Procuracy, the Supreme People's Court, the Ministry of Public Security, and the Ministry of National Defense stipulates the coordination between litigation-conducting agencies in implementing a number of provisions of the Criminal Proceedings Code regarding return of files for additional investigation;

b) If necessary, the Court may discuss with the Procuracy about accompanying documents, evidence, and exhibits (if any) to clarify the cases specified in Clause 1, Article 280 of the Criminal Proceedings Code before deciding to return additional investigation files. Minimize the need to return additional investigation files or have to pay additional investigation files until the trial, which prolongs the time to resolve the case.

2. Coordination before opening trial:

a) The Court clearly states in the decision to bring the case to trial whether the trial will be held in a regular criminal courtroom or a courtroom dealing with family and juvenile cases for the Procurator to use appropriate clothing when participating in court;

b) In case the Procuracy requests to summon the victim to the trial, the Court will consider and decide to summon the victim to the trial. If the victim must be summoned to appear at the trial, the courtroom must be arranged appropriately or there must be a curtain separating it from the defendant's area at the trial; Consider and request doctors and psychologists to support the victim and apply measures to protect the victim at trial;

c) In case the Procuracy needs to request to listen to or view audio-recorded or video-recorded content with sound or disclose some documents and evidence using electronic data at the trial in a case of sexual abuse of a person under 18 years old, they must discuss with the Court to arrange facilities and techniques to serve at the trial in accordance with the actual conditions of the Court.

Best regards!