“If the prison cannot organize classes, it must organize online learning with neighboring facilities, and also take exams to ensure the children’s right to study,” said the Chief Justice of the Supreme People’s Court.
Should separate cases involving juveniles committing crimes
Going into specific content, Chief Justice Nguyen Hoa Binh said that during the discussion process, there were some issues that the Judicial Committee (the inspection agency) was still concerned about, and had views contrary to the court’s.
First, regarding the separation of criminal cases, the Judicial Committee disagrees. The court requires that if there are children in the case, it must be resolved independently and the adults will be tried later. Because if the case is not separated, the investigation period for the children to follow the adults will put them in a situation of being prosecuted and detained for a long time.
Investigation, prosecution, and adjudication officers as required by this law must be officers with knowledge of juveniles and must conduct interrogation activities in a friendly environment. If combined with adults, this cannot be done.
In addition, if tried as adults, all information related to the children’s criminal history must be made public in the judgment along with the adults, while this bill stipulates that it will not be made public.
“The world prohibits publicizing children’s crimes because people think about the rest of their lives, which is very long. If it is made public, they will feel guilty about being discriminated against by society, and the rest of their lives will not be good and very fragile. Therefore, information about children’s crimes must be kept confidential,” Mr. Nguyen Hoa Binh emphasized.
The bill also prohibits contact between offenders, victims, and witnesses. Because in reality, professional criminals in court only need to glare at their children’s psychology, their testimony may not be accurate, and they sometimes admit guilt instead of being too scared.
According to Mr. Binh, the Judicial Committee did not agree with this content, due to concerns that the children would have to go to court twice. The first time he appeared in court as a defendant in the case, the second time he appeared in court as a witness.
However, the Chief Justice of the Supreme People’s Court said that this problem can be completely overcome. Because the children’s testimony at the independent trial is considered publicly assessed testimony, used before the trial with adults, there is no need for the children to go to court again.
Not to mention, the investigation agency can completely take the children’s statements in advance and announce them in court. Current information technology allows online trials to be held, so children do not have to go to court or face anyone.
Chief Justice Nguyen Hoa Binh also said that the draft allows arrest and control at home using judicial measures of diversion, control with electronic devices, and not allowing them to go out.
“Prison is never considered a good educational environment. Our children are sent to specialized schools and selective classes; But if you are guilty of something, use imprisonment, that is not our way,” Chief Justice Nguyen Hoa Binh emphasized.
Therefore, the effort of this law project is to do everything possible to save children from prison, and instead to apply diversion measures (warnings, apologies, going to study…), to limit Minimize the need for children to go to camp.
In this group, delegates voted to express their political opinions on two contents with different opinions. That is the separation of cases involving juveniles committing crimes for separate resolution, and the scope of the proposed law includes penalties as well as criminal proceedings for juveniles.
As a result, 19/19 delegates present at the group discussion agreed with the views of the drafting agency, the Supreme People’s Court, expressed in the bill.