Chapter XXXII: PROCEDURES APPLICABLE TO MINORS
Article 301.- Scope of application
The criminal procedure applicable to arrestees, persons kept in custody, accused and defendants, who are minors, shall comply with the provisions of this Chapter, and concurrently with other provisions of this Code which are not contrary to those of this Chapter.
Article 302.- Investigation, prosecution and trial
1. Investigators, procurators and judges who carry out the criminal procedure towards minor offenders must possess necessary knowledge about the psychology and education of minors as well as activities of preventing and fighting crimes committed by minors.
2. In the process of investigation, prosecution and trial, the following information must be clarified:
a/ The ages, physical and mental development levels, the level of perception of criminal acts of minors;
b/ Living and education conditions;
c/ Whether or not they are incited by adults;
d/ Causes and conditions of the commission of offenses.
Article 303.- Arrest, custody and temporary detention
1. Persons aged between full 14 years and under 16 years may be arrested, held in custody or temporary detention if there are sufficient grounds prescribed in Articles 80, 81, 82, 86, 88 and 120 of this Code, but only in cases where they commit very serious offenses intentionally or commit especially serious offenses.
2. Persons aged between full 16 years and under 18 years may be arrested, held in custody or temporary detention, if there are sufficient grounds prescribed in Articles 80, 81, 82, 86, 88 and 120 of this Code, but only in cases where they commit serious offenses intentionally or commit very serious or especially serious offenses.
3. The bodies ordering the arrest, custody or temporary detention of minors must notify their families or lawful representatives thereof immediately after the arrest, custody or temporary detention is effected.
Article 304.- Supervision of minor offenders
1. The investigating bodies, procuracies or courts may issue decisions to assign minor offenders to their parents or guardians for supervision so as to secure their appearance in response to the summonses of the procedure-conducting bodies.
2. Persons assigned to supervise minor offenders shall have to closely supervise them, oversee their behaviors, ethics and educate them.
Article 305.- Defense
1. Lawful representatives of persons kept in custody, the accused or defendants who are minors may select defense counsels to defend or defend by themselves the persons kept in custody, the accused or defendants.
2. Where the accused or defendants are minors or their lawful representatives refuse to select defense counsels for them, the investigating bodies, procuracies or courts must request bar associations to assign lawyers’ offices to appoint defense counsels for them or propose the Vietnam Fatherland Front Committee or the Front’s member organizations to appoint defense counsels for their organizations’ members.
Article 306.- Participation in the procedure by families, schools and organizations
1. Representatives of the families of the persons kept in custody, the accused or defendants, teachers or representatives of schools, the Ho Chi Minh Communist Youth Union or other organizations where the persons kept in custody, the accused or defendants study, work and live shall have the right as well as obligation to participate in the procedure under decisions of the investigating bodies, procuracies or courts.
2. Where the persons kept in custody or the accused are between full 14 years and under 16 years old or minors with mental or physical defects, or in other necessary cases, the taking of their statements and interrogation must be attended by their families’ representatives, except for the cases where their families’ representatives are deliberately absent without plausible reasons. The families’ representatives may inquire the persons kept in custody or the accused, if the investigators so agree; they may produce documents, objects, make requests or complaints, and read the case files upon the termination of the investigation.
3. At the court sessions to try minor defendants, the presence of their families’ representatives, except for the cases where their families’ representatives are deliberately absent without plausible reasons, of their schools’ and/or organizations’ representatives is compulsory.
Representatives of the defendants’ families and representatives of their schools and/or organizations attending the court sessions shall have the rights to produce documents, exhibits, to request or propose to change the procedure-conducting persons; to join in the arguing process, and lodge complaints about procedural acts of the persons with procedure-conducting competence, and court decisions.
Article 307.- Trial
1. The composition of a trial panel must include a juror being a teacher or a Ho Chi Minh Communist Youth Union cadre.
In case of necessity, the courts may decide to conduct the trial behind closed door.
2. In the course of trial, if deeming it unnecessary to impose penalties on the defendants, the courts may apply one of the judicial measures prescribed in Article 70 of the Penal Code.
Article 308.- Serving of imprisonment penalties
1. Minor offenders shall serve their imprisonment penalties according to a separate detention regime prescribed by law.
It is forbidden to keep minor offenders together with adult offenders.
2. The minor convicts must be provided with job training or general education while they are serving their imprisonment penalties.
3. If the minors reach the age of full 18 years while serving their imprisonment penalties, they shall be shifted to be subject to the imprisonment regime applicable to adults.
4. For minors who have completely served their imprisonment penalties, the superintendence boards of their prisons shall have to coordinate with the administrations and social organizations in the communes, wards or townships in helping them to lead a normal life in the society.
Article 309.- Termination of serving of judicial measures, commutation of penalties or exemption from serving of penalties
If they fully meet the conditions prescribed in Article 70 or Article 76 of the Penal Code, the minor offenders may be permitted to stop serving judicial measures, have their penalties commuted or be exempt from serving their penalties.
Article 310.- Remission of criminal records
The remission of criminal records for minor offenders who fully meet the conditions specified in Article 77 of the Penal Code shall comply with general procedures.
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Bộ luật Tố tụng Hình sự 2003 (Bản Word)