Legal policy on criminal procedures of Vietnam againts criminals under 18 years old

ies for under-18 criminals. In which, focus on research on the theoretical basis of Criminal Procedure Law Policies for under-18 criminals and practical implementation of Criminal Procedure Law Policies for under-18 criminals through the provisions of criminal procedure law and 6 the application of the criminal procedure law to under-18 criminals. At the same time, researching and proposing solutions to perfect Criminal Procedure Law Policies for under-18 criminals in accordance with the requirements, guidelines and orientations of our Party and State in the fight against crime. in the current period, in accordance with the practical situation and international treaties to which Vietnam has signed. - Research scope of the dissertation: + Content: From the perspective of legal science, Criminal Procedure Law Policies for under-18 criminals is shown through many specific contents. In the scope of the research content, the dissertation only researches the content of the implementation of the Policy on Criminal Procedures, which focuses on clarifying Criminal Procedure Law Policies for under-18 criminals in terms of objectives, rules for conducting legal proceedings, proceedings and institute proceedings against under-18 criminals mentioned in the dissertation is understood to be a person under 18 years old. + In terms of space: The dissertation focuses on the theoretical and practical issues of implementing legal policy of criminal procedure against criminals under 18 years old in Vietnam. Conducting the analysis of cases in Ho Chi Minh City and some other provinces and cities. + In terms of time: The statistics used in the dissertation are collected from 2009 to 2019. 5. Methodology and the dissertation’s research method - Methodology: The dissertation is researched on the basis of methodology of dialectical materialism and historical materialism of Marxism-Leninism, Ho Chi Minh Ideology, views and paths of the Communist Party of Vietnam, the State of Socialist Republic of Vietnamese on the path of national renewal, the spirit of judicial reform, the strategy for building and perfecting the legal system, and the activities of fighting against crime. During the research process, the dissertation has used the research methods of Criminal Law, Criminal Procedure Law, Criminology, Psychology, Sociology, Anthropology, Criminal Investigation Science and 7 others with specific research methods to clarify the nature of legal policy of criminal procedure against criminals under 18 years old. This is the methodology to approach research content from the perspective of interdisciplinary and multidisciplinary aspects in current research on legal policies and law. Particularly, in the research process, the dissertation uses the knowledge system and the approach method of Public Policy Science to solve the content of the legal policy of criminal procedure against criminals under 18 years old. The dissertation takes the content, objectives and tasks of legal and criminl policies as a starting point to approach the nature of the research problem and find out the intrinsic relation that need to be researched in the dissertation. - Specific research method: Method of document analysis; Method of statistics, analysis, comparison; Practical summary method; Law comparison method; Professional method; Typical research method. 6. New contribution of the dissertation The dissertation is one of the first monograph studies on legal policy of criminal procedure in general and legal policy of criminal procedure against criminals under 18 years old in particular. Therefore, on the basis of acquiring knowledge of previously published scientific works on legal and criminl policies for criminals under the age of 18, the dissertation has initially analyzed and interpreted different aspects related to theory and practice of legal policy of criminal procedure against criminals under the age of 18 in Vietnam today in a systematic and scientific way, which are shown through the following basic points: First, clarifying the definition of legal policy of criminal procedure against criminals under the age of 18; determining the characteristics, objectives, contents, forms and means of the legal policy of criminal procedure against criminals under the age of 18. 8 Second, analyzing and clarifying factors assuring the building and implementation of legal policy of criminal procedure against criminals under the age of 18 in Vietnam. Third, analyzing the current legal policy of criminal procedure in Vietnam for the criminals under the age of 18 and the real implementation situation of legal policy of criminal procedure for the criminal under 18 years old during the past time. Fourth, determining the requirements and offering solutions to complete the legal policy of criminal procedure for the criminals under the age of 18 in the coming time. 7. Theoretical and practical significance of the dissertation - Regarding theoretical significance: The dissertation's research results are significant to provide a theoretical basis for legislative and executive activities, especially in the field of criminal justice. The dissertation's research results also contribute to providing useful knowledge for teaching the subjects of Criminal Law, Criminal Procedure Law, Law on Execution of Criminal Judgments, Criminology, Criminal Investigation in academies and universities which provide training program in Law. - In terms of practical significance: the solutions of the dissertation can be used as a reference for research staff on law construction and practical staff, implementing and applying laws, and at the same time applying the criminal procedure law to effectively fight against criminals committed by people under 18 years old in Vietnam in the current period. 8. Outline of the dissertation In addition to the introduction, conclusion, list of references, the dissertation includes four chapters: Chapter 1. Overview of the research situation Chapter 2. Theoretical issues on legal policy of criminal procedure for the criminals under the age of 18 9 Chapter 3. Legal policy of criminal procedure and the implementation of legal policy of criminal procedure for the criminals under the age of 18 in Vietnam Chapter 4. Completing the current legal policy of criminal procedure for the criminals under the age of 18 in our country. Chapter 1 OVERVIEW OF THE RESEARCH SITUATION 1.1 Research situation in foreign countries The dissertation has analyzed the research results of foreign scientific works in two groups: Researches on criminal policy, legal policy of criminal procedure; Researches on legal policy of criminal procedure for the criminals under the age of 18. 1.2 Research situation in our country The dissertation systematized and analyzed the research results of domestic scientific works intwo groups: Researches on legal policy, criminal policy and legal policy of criminal procedure; Researches on legal policy of criminal procedure for the criminals under the age of 18. 1.3 Comments and reviews on the research situation Through studying the works related to theoretical and practical issues about criminal policy and legal policy of criminal procedure for people under 18 years old in our country as well as other countries, the dissertation has the following comments: - The basic theoretical issues about legal policy (the definition, content, factors affecting the formation of the State's legal policy, the relationship between criminal policy and the law, the relationship between criminal policy and the effectiveness of the prevention of and fight against crime, etc) has been researched by foreign scientists quite early compared to Vietnamese scientists. However, with scientific researches published in the country, the basic theoretical issues about criminal policy and criminal law policy have been fully and systematically clarified. Especially, there are 10 in-depth studies on criminal policy for criminals under the age of in many different aspects. - Regarding the legal policy of criminal procedure in general and the legal policy of criminal procedure for criminals under the age of 18, through studying domestic and foreign documents, it can be seen that only foerign studies directly mention the legal policy of criminal procedure related to criminals under the age of 18. Currently, there are not many domestic researches on this issue, especially the theoretical contents of legal policy of criminal procedure in general and the legal policy of criminal procedure for criminals under the age of 18 in particular. Most researches focus on analyzing the provisions of actual criminal procedural law and assessing the practical application of these provisions, thereby giving solutions to inprove the law and the effectivenes of application of criminal procedure law in the prevention of and fight against crime committed by people under 18 years old in particular and the crime situation in general. These studies only pay attention to a constituent part of the legal policy of criminal procedure, having not comprehensively studied the content that the dissertation is researching. Therefore, the dissertation gives the following conclusion: There are no scientific works that systematically, holistically, directly approach to the legal policy of criminal procedure for the criminals under the age of 18 or assess the current legal policy of criminal procedure against this group of criminals. This is a new research direction and there are still many problems that need to be clarified. 1.4 The issues that need to be further studied The dissertation poses two issues that need to be studied as follows: First, it is necessary to clarify the theoretical issues of the legal policy of criminal procedure for the criminals under the age of 18 such as: re- expressing the definition of the policy, legal policy and building the definition of legal policy of criminal procedure against the criminals under the age of 18; pointing out the characteristics of legal policy of criminal 11 procedure against the criminals under the age of 18, on the basis of the common characteristics of the legal policy and the criminal policy in general; clearly defining the contents, forms and means of legal policy of criminal procedure for the criminals under the age of 18. Secondly, surveying, evaluating and commenting on the current situation of Vietnam's legal policy of criminal procedure against the criminals under the age of 18 in the following aspects: the current situation of the law on criminal procedure law and the application of the criminal procedure law for criminals under 18 years old. On that basis, the dissertation proposes solutions to complete the Vietnam's legal policy of criminal procedure against the criminals under the age of 18 in the current period. Chapter 2 THEORETICAL ISSUES ON LEGAL POLICY OF CRIMINAL PROCEDURE AGAINST THE CRIMINALS UNDER THE AGE OF 18 2.1 Definition and characteristics of legal policy of criminal procedure against the criminals under the age of 18 2.1.1 Definition of legal policy of criminal procedure against the criminals under the age of 18 On the basis of the interpretation and clarification of concepts such as legal policy, criminal policy for criminals under the age of 18, and legal policy of criminal procedure, the dissertation introduces the definition of legal policy of criminal procedure for criminals under the age of 18: it is a scientific, consistent and synthesis activity of agencies that formulate and apply laws to draft and apply criminal law enforcement forms in the settlement of criminal cases against criminals under the age of 18 with a view to ensuring the stability of the legal system, strengthening the protection of the rights and freedoms of criminal under the age of 18, as well as the legitimate interests of the state and society by criminal 12 procedure law, at the same time contributing to improve the effectiveness of the prevention of and fight against crime committed by people under 18 years old. 2.1.2 Characteristics of legal policy of criminal procedure against the criminals under the age of 18 The dissertation has outlined the basic characteristics of legal policy of criminal procedure against the criminals under the age of 18 as follows: First, the subjects of legal policy of criminal procedure against the criminals under the age of 18 include: group (1) is the the subjects who research and build scientific bases legal policy of criminal procedure against the criminals under the age of 18; group (2) is the subjects that build and supervise the implementation of the legal policy of criminal procedure against the criminals under the age of 18; group (3) is the subjects that directly implement the legal policy of criminal procedure against the criminals under the age of 18. Second, the objects of the legal policy of criminal procedure against the criminals under the age of 18 is the life of the criminal procedure law for the criminals under the age of 18, being the whole activities and actions of criminal procedure, relationships between the subjects in the criminal procedure law implementation against criminals under the age of 18. That reflects the characteristics and development level of the criminal procedure law in general and the criminal procedure law for criminals under the age of 18 in particular, the real criminal procedure law for criminals under the age of 18 (including both positive and negative factors), awareness, attitude and understanding of subjects towards the criminal procedure law and the historical development process of the criminal procedure law against criminals under the age of 18 Third, the purpose of the legal policy of criminal procedure against the criminals under the age of 18 is to strengthen the protection of the rights and freedom of the criminals under the age of 18, as well as the legitimate interests of the state and society by criminal procedure law, at the same time contributing to improve the effectiveness of the prevention of and fight 13 against crime committed by people under 18 years old with a view to ensuring the stability of the legal system in general. 2.1.3 Principles of legal policy of criminal procedure against the criminals under the age of 18 The dissertation has outlined the principles of the legal policy of criminal procedure against the criminals under the age of 18: First, the principle of being scientifically argued in the construction and implementation of the legal policy of criminal procedure against the criminals under the age of 18. Second, the principle of synthesis in the construction and implementation of the legal policy of criminal procedure against the criminals under the age of 18. Third, the principle of consistency in the construction and implementation of the legal policy of criminal procedure against the criminals under the age of 18. Fourth, the principle of goal orientation in the construction and implementation of the legal policy of criminal procedure against the criminals under the age of 18. Fifth, the principle of forecast in the construction and implementation of the legal policy of criminal procedure against the criminals under the age of 18. Sixth, the principle of feasibility in the construction and implementation of the legal policy of criminal procedure against the criminals under the age of 18. 2.2 Contents, forms, and means of legal policy of criminal procedure against the criminals under the age of 18 2.2.1 Contents of legal policy of criminal procedure against the criminals under the age of 18 The dissertation presents the contents of the legal policy of criminal procedure against the criminals under the age of 18 in the following aspects: 14 (1) Objectives of criminal proceedings against criminals under 18 years of age, including: Improving the procedural mechanism to best protect the rights, freedoms and legitimate interests of persons under 18 years of age. sin; Overcoming shortcomings and limitations in practice in handling cases involving persons under the age of 18 participating in legal proceedings; Ensuring compliance with international law, uniformity and uniformity of criminal policy and other legal bases involving persons under 18 years of age; Strengthen the role of education and prevention of the family, school and society. (2) Principles of conducting criminal procedure against persons under the age of 18 who commit crimes include: Ensuring friendly proceedings, consistent with the psychology, age, maturity level, and cognitive ability of people under 18 year old; Ensure the legitimate rights and interests of people under 18 years old; ensure the best interests of people under 18 years old; Ensure to keep personal secrets of people under 18 years old; Ensure the right to participate in proceedings of representatives of persons under 18 years old, schools, Youth Unions, people with experience, understanding of psychology and society, other organizations where people under 18 years of age study, work and live; Respect the right to participate and present opinions of people under 18 years old; Ensure the right to defense and the right to legal aid of persons under 18 years old; Ensuring the handling principles of the criminal code for criminals under 18 years of age; Ensuring the prompt settlement of cases involving persons under 18 years old. (3) The order and procedures for conducting criminal proceedings against a person under 18 years of age who commits a crime, including: procedures for ensuring the right to defense; ensure participation in proceedings of representatives of people under 18 years old, schools, youth union, people with experience, understanding of psychology, society, other organizations where people under 18 years of age study, work and live; 15 Ensuring the life and health of the criminals under 18 years old; ensuring confidentiality of information for criminals under 18 years old. (4) Tổ chức các cơ quan tiến hành tố tụng hình sự đối với người dưới 18 tuổi phạm tội. Organize criminal proceedings against criminals under 18 years old. 2.2.2. Form of criminal procedure law policy for criminals under 18 years of age Criminal procedure legal basis for criminals under 18 years old is carried out through the main forms, including: (1) Construction of criminal procedure law for persons under 18 years of age who commit crimes; (2) Apply criminal procedure law to criminals under 18 years of age; (3) Explanation of criminal procedure law; (4) Education and training to raise the people's legal awareness and legal qualifications. 2.2.3. Means of the criminal procedure law policy against criminals under 18 years of age In order to carry out criminal procedural legal basis for criminals under 18 years of age, to effectively use the system of means, the following: - In terms of tools: includes all provisions and norms of the criminal procedure law, which are mainly the Criminal Procedure Code relating to criminals under 18 years of age. - Technical (legal techniques, legislative techniques). - Behavior includes a series of different activities of subjects in the process of building and implementing legal basis for criminal proceedings against criminals under 18 years old. 2.3. Factors affecting the criminal procedure law policy for criminals under 18 years of age The dissertation has analyzed and pointed out 07 groups of factors affecting criminal procedure legal bases for criminals under 18 years old, including: (1) Characteristics of criminals under 18 years old; (2) The political, economic, cultural and social situation of the country; (3) The crime of people under 18 years old and the practice of preventing crimes 16 against people under 18 years old from committing crimes over the years; (4) The traditional legal values of the Vietnamese people, the urgent requirements of the reform of criminal justice activities, the practical experience of legal protection agencies in preventing juvenile crimes; (5) Requirements of the formulation and improvement of criminal law provisions in the investigation, prosecution, adjudication and enforcement of criminal sentences of criminals under 18 years of age; (6) Capability to enforce criminal proceedings law policy against criminals under 18 years of age; (7) The consent and support of the people and the public opinion. 2.4 International standards and criminal law policy of some countries against criminals under 18 years old 2.4.1 International judicial standards for criminals under 18 years old On the basis of analysis of international legal documents and guiding documents, the dissertation has pointed out international judicial standards for criminals under 18 years old, from there, comparing with the law and points out the issues that need to be further improved in the criminal justice legal system for criminals under 18 years old. 2.4.2 The criminal procedure law policy for criminals under 18 years old in some countries The dissertation has analyzed and clarified the model of friendly proceedings against criminals under the age of 18 in Russia, France and America. On that basis, it is to guide the building and perfecting of the criminal procedure legal basis for people under the age of 18 who commit crimes in Vietnam in the current situation. 17 Chapter 3 STATUS OF LEGAL POLICY ON CRIMINAL PROCEDURES FOR PERSONS UNDER 18 YEARS OLD IN VIET NAM The dissertation has evaluated the legal basis of criminal proceedings for persons under 18 years of age committing crimes on the following means: (1) the status of the criminal procedure law for the criminal under 18 years old ; (2) the status of applying criminal law of the subjects to the criminals under the age of 18. 3.1 Current situation of criminal procedure law provisions for criminals under 18 years of age The dissertation has evaluated the provisions of the criminal procedure law for people under the age of 18 who commit crimes in the following aspects: (1) Ensuring the goal of the criminal proceedings against the criminal under 18 years old ; (2) Principles of proceeding against criminals under the age of 18; (3) Criminal proceedings against criminals under 18 years old; (4) Organizational model of the proceeding agency in the case of criminals under 18 years old. 3.2. The situation of applying criminal proceedings to the criminals under the age of 18 The dissertation has conducted a survey on the following aspects: (1) The reality of ensuring the objectives of the criminal proceedings against criminals under the age of 18; (2) The status of ensuring the rules of proceeding with the criminals under the age of 18; (3) The current situation of applying criminal proceedings to criminals under 18 years old, in which, the dissertation evaluates: Regarding the identification of issues that need proof when conducting the proceedings against the accused under 18; Participation in the proceedings of representatives, schools and organizations; Regarding the right of an accused person to be under 18 years of age to defend; The compliance with the handling principles in accordance with the penal code; Apply preventive and coercive measures; 18 Regarding measures to supervise and educate criminals under 18 years old, they are exempt from criminal liability; (4) The current situation of implementing organizational model of proceeding agencies for criminals under 18 years old. 3.3 Assessing the real situation of implementing criminal procedure law policies against the criminals under 18 years old 3.3.1 Achieved Results - Firstly, the legal basis for criminal proceedings against criminals under the age of 18 has institutionalized the Party and State's guidelines and policies on building a socialist law governed state and on judicial reform strategy, meeting the requirements of preventing crime, preventing crime in the new situation, strengthening the protection and realization of the rights of people under 18 years old; ensure compliance with the United Nations Convention on the Rights of the Child and international standards on juvenile justice. - Second, the criminal procedure legal basis for the criminal under