Protecting the rights and best interests of juveniles

The Law on Juvenile Justice stipulates the handling of diversion and punishment for juvenile offenders; procedural procedures for juveniles who are denounced, those recommended for prosecution, those detained in emergency cases, those accused, victims, and witnesses; execution of prison sentences, reintegration into the community; tasks, powers and responsibilities of agencies, organizations and individuals in juvenile justice activities.

Overview of the Session

The Law on Juvenile Justice has the duty to protect human rights, civil rights, protect the interests of the State, the legitimate rights and interests of organizations and individuals, protect social order, protect the rights and best interests of minors; ensure the handling of minors in accordance with their age, cognitive ability, personal characteristics, and the dangerous nature of their criminal acts to society; educate and help minors correct their mistakes, improve their behavior, and become useful citizens to society.

The National Assembly deputies vote to pass the Law on Juvenile Justice

Notably, the Law stipulates 12 measures for redirection, including: Reprimand; Apology to the victim; Compensation for damages; Education at the commune, ward, or town level; House arrest; Restriction on travel hours; Prohibition of contact with people at risk of causing minors to commit new crimes; Prohibition of going to places at risk of causing minors to commit new crimes; Participation in study and vocational training programs; Participation in psychological treatment or counseling; Performing community service work; Education at reform schools.

Priority in applying warning penalties

Regarding the application of penalties, the Law stipulates that penalties applied to minors who commit crimes are mainly aimed at educating them to respect and obey the law and ethical standards, lifestyle, preventing them from committing new crimes, and having the effect of preventing and combating crime.

The court shall only apply penalties to minors who commit crimes if it is deemed that the application of redirection measures does not ensure effective education and prevention. If a penalty must be imposed, priority shall be given to warnings, fines, non-custodial reform, and suspended prison sentences; life imprisonment or the death penalty shall not be imposed on juvenile offenders.

The Court shall only impose a fixed-term prison sentence on juvenile offenders when it is deemed that other penalties and measures do not have a deterrent or preventive effect.

When imposing a fixed-term prison sentence, the Court shall give juvenile offenders a lighter sentence than that imposed on adults who commit the corresponding crime and for the shortest appropriate period.