Delegate Hoang Thi Thanh Thuy: It is necessary to have specific regulations on determining the age of minors.

Vice Chairman of the National Assembly Nguyen Khac Dinh chaired the discussion session.

Commenting on the draft Law on Juvenile Justice, delegate Hoang Thi Thanh Thuy - National Assembly Delegation of Tay Ninh province suggested that the Drafting Committee consider amending the name appropriately. Because according to the delegate, the draft Law focuses on criminal justice for juveniles, while the name is "Law on Juvenile Justice". Thus, the content and scope of regulation are narrower than the nature and international standards on juvenile justice.

Regarding the diversion process, delegate Thuy supported the first opinion that minors are allowed to apply diversion measures instead of criminal proceedings. In case of violating obligations during the implementation of the decision to apply diversion measures, minors can be changed to strict diversion measures, especiallyeducational measures at reform schools without further investigation, prosecution, or trial, except in cases of new crimes.

According to the delegate, this regulation ensures a consistent and comprehensive criminal policy, aiming at educating and helping minors correct mistakes, change their perceptions, improve their behavior, and overcome the limitations of criminal justice for minors.

Delegate Thuy does not support the view that in cases where minors do not comply with the diversion measures and violate their obligations, they should continue to undergo normal investigation, prosecution, and trial procedures. The delegate believes that when diversion measures are applied, minors are exempted from criminal liability.

Regarding regulations on social workers, Clause 11, Article 4 of the draft stipulates: “Social workers in juvenile justice activities, including social workers, commune-level child protection workers, commune-level cultural and social officials are requested by competent authorities to participate in juvenile justice activities and Article 31 stipulates the standards, conditions, tasks and powers of social workers”.

According to the draft regulations, social workers play an important role and participate in many stages of the litigation process, and are also the ones who propose the application of diversion measures. Therefore, this person must be a professional.

Delegate Hoang Thi Thanh Thuy spoke to contribute ideas to the draft Law on Juvenile Justice.   

However, Clause 11, Article 4 does not stipulate that commune-level child protection workers and commune-level cultural and social officials are not feasible because this is a semi-professional force that cannot both handle a large amount of work from the vertical sector and be professional, meet the conditions and tasks specified in Article 31 of the draft Law, and affect many decisions regarding the trial process of juvenile offenders.

Regarding the issue of determining the age of minors stipulated in Article 25 of the draft Law, the age of the minor who committed the crime and the victim is determined to be the same. Delegate Thuy said that such a provision would be disadvantageous to minors who committed the crime and is inconsistent with the principle of presumption of innocence in the Criminal Procedure Code.

For example, according to Clause 3, Article 25 of the draft Law: "In case the age assessment results only determine the age range of the accused, the competent authority conducting the proceedings and the competent person conducting the proceedings shall take the lowest age within the determined age range to determine". Therefore, the delegate suggested that more specific regulations are needed.

To Tuan - Thanh Trung (summary)

Source: https://baotayninh.vn/dai-bieu-hoang-thi-thanh-thuy-can-quy-dinh-cu-the-van-de-dac-dinh-tuoi-cua-nguoi-chua-thanh-nien-a174437.html