Circular No. 02/2018/TT-TANDTC dated September 21, 2018 on detailing the trial of criminal cases involving proceeding participants who are under-18 persons under the jurisdiction of the family and juvenile tribunal

CIRCULAR

Detailing the trial of criminal cases involving proceeding participants who are under-18 persons under the jurisdiction of the family and juvenile tribunal

Pursuant to the November 24, 2014 Law on Organization of People’s Courts;

Pursuant to the June 22, 2015 Law on Promulgation of Legal Documents;

Pursuant to Clause 7, Article 423 of the November 27, 2015 Criminal Procedure Code;

At the proposal of the Director of the Legal and Science Management Department of the Supreme People’s Court;

The Chief Justice of the Supreme People’s Court promulgates the Circular detailing the trial of criminal cases involving proceeding participants who are under-18 persons under the jurisdiction of the family and juvenile tribunal.

Article 1. Scope of regulation

1. This Circular prescribes the trial of criminal cases involving defendants who are under-18 persons or criminal cases involving victims who are under-18 persons suffering from psychological trauma or in need of support in living or study conditions for they have no healthy family environment like other under-18 persons (below referred to as under-18 proceeding participants) under the jurisdiction of the family and juvenile tribunal.

2. For courts in which the family and juvenile tribunal is not yet organized, the trial of cases specified in Clause 1 of this Article shall be carried out by specialized judges.

Article 2. Interpretation of terms   

1. Under-18 victim suffering from psychological trauma means a person who is always in the state of panic disorder, anxiety, mental and physical breakdown, or mental and behavioral disorder that occurs as a result of criminal acts.

2. Person in need of support in living or study conditions for he/she has no healthy family environment like other under-18 persons means a person who has unusual family circumstances (being an orphan or a domestic violence victim, having divorced, addicted or law-breaking parents, etc.) and therefore suffers from material and emotional distress, has no residence, drops out of school or never went to the school.

3. Person experienced in or knowledgeable about psychology of under-18 persons means a person who has worked in the juvenile justice sector or been engaged in the management, training, protection, care and education of under-18 persons; or a person trained in juvenile education or otherwise experienced in or knowledgeable about psychology of under-18 persons.

For example: A retired judge who has specialized in trying cases involving under-18 proceeding participants; a retired teacher; a child protective service officer; a social or child collaborative worker; a person who has once worked in an agency or organization related to the prevention and control of juvenile delinquency and education of under-18 persons; a person engaged in child protection activities; a representative of the Vietnam Women’s Union, Children Rights Protection Association or War Veterans Association who is experienced in managing, educating or helping under-18 offenders and violators.