Jurisdiction over Criminal Cases Involving the Family Court and Juvenile Court

This is the basic content stipulated in Circular 02/2018/TT-TANDTC detailing the trial of criminal cases involving participants under 18 years of age within the jurisdiction of the Family and Juvenile Court, issued on September 21, 2018.

To be specific, according to the guidelines specified in Circular 02/2018/TT-TANDTC, the Family and Juvenile Court has the jurisdiction to adjudicate the following criminal cases:

- Criminal cases where the accused is under 18 years old;- Criminal cases where the victim is under 18 years old and suffers serious psychological harm or requires support for living and studying conditions due to the lack of a healthy family environment like other individuals under 18 years old.

Accordingly:

- Criminal cases under the jurisdiction of the Family and Juvenile Court to be adjudicated in the Criminal Trial Room include the following cases:

- Criminal cases where the accused is between 16 and under 18 years old and has committed very serious intentional crimes and exceptionally serious crimes;- Criminal cases where the accused is between 14 and under 16 years old and has committed one of the exceptionally serious crimes specified in Articles 123, 134, 141, 142, 144, 151, 168, 169, 170, 171, 248, 249, 250, 251, 252, and 299 of the Criminal Code;- Criminal cases where there are both accused persons under 18 years old and accused persons 18 years old and above;- Criminal cases where the accused is 18 years old and above, but the victim is under 18 years old and suffers serious psychological harm or requires support for living and studying conditions due to the lack of a healthy family environment like other individuals under 18 years old.

- Criminal cases under the jurisdiction of the Family and Juvenile Court to be adjudicated in the Friendly Trial Room include:

- Criminal cases where the accused is under 18 years old and falls under the jurisdiction of the Family and Juvenile Court, if not stipulated in Article 4 of this Circular, shall be adjudicated in the Friendly Trial Room;- For courts without a Friendly Trial Room, when adjudicating the above-specified cases, the trial room must be arranged to be friendly, ensuring the best interests of those under 18 years old.

For more related content, please see: Circular 02/2018/TT-TANDTC, effective December 1, 2018.

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