Áp dụng hình phạt đối với người chưa thành niên phạm tội theo pháp luật hình sự việt nam từ thực tiễn tỉnh sóc trăng tt tiếng anh

VIETNAM ACADEMY OF SOCIAL SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENCES
L

NGUYEN GIA VIEN

IMPOSING PUNISHMENT ON JUVENILE
OFFENDERS UNDER THE VIETNAMESE CRIMINAL
LAW IN SOC TRANG PROVINCE

Major: Criminal Law and Criminal Procedure
Major code: 9.38.01.04

SUMMARY OF THE DOCTORAL DISSERTATION IN LAW

Hanoi - 2019


The dissertation completed at Graduate Academy of Social Sciences,
Vietnam Academy of Social Sciences

Supervisor: Prof. Dr. Ho Trong Ngu

Reviewer 1: Assoc. Prof. Dr. Tran Dinh Nha
Reviewer 2: Assoc. Prof. Dr. Cao Thi Oanh
Reviewer 3: Dr. Tran Cong Pham

The dissertation will be defended at Graduate Academy Level Council of
dissertation assessment at Graduate Academy of Social Sciences, Vietnam
Academy of Social Sciences, 477 Nguyen Trai, Thanh Xuan, Hanoi.
Time: ………… date ………. month …… …year 2019

The dissertation may be found at:
- Vietnam National Library;
- Graduate Academy of Social Sciences Library


INTRODUCTION
1. The necessity of the research topic
Soc Trang Province is one of the provinces in the Mekong Delta,
located at the furthest end of the lower Hau River. Soc Trang has the
coastal line of 72km in length with 3 large estuaries of Tran De,
Bassac and Dinh An, the whole province has about 1,321,000 people
(with 3 ethnic groups: Kinh, Hoa and Khmer, the Khmer people
accounting for 30% of population of the province).
Juvenile offenders are increasing and in fact there are still many
inadequacies in imposing punishment on them due to the inconsistent
awareness and application of reasoning and provisions of the law,
especially the efficiency of mechanism ensures to implement
properly these provisions. There is not unification in applying
provisions of the law for imposing punishment on juveniles who
committing many crimes in trial. Although the unclear, not specific
and inconsistent points of the 1999 Penal Code were amended, the
provisions of the 2015 Penal Code amended and supplemented in
2017

have

not

met

humanization,

differentiation

and

internationalization of criminal law in general and imposing
punishment on juvenile offenders in particular.
Statistics of the first-instance trial at the People’s Court of Soc
Trang Province (9 years, from the amended Criminal Code 2009 until
the end of 2018) show an average of 494 cases per year, of which,
juveniles were judged to be 36.7 cases, accounting for 7.44%, with
43.5 defendants, accounting for 5.68%. In fact, the first-instance trial
of juvenile offenders in Soc Trang province also shows a lot of
inadequacies and limitations that have greatly affected the
1


implication of punishment on juvenile offenders in Soc Trang over
the past years.
In order to reduce the above limitations and inadequacies, it is
necessary to have an intensive research work. Therefore, the author
chose the research work titled “Imposing punishment on juvenile
offenders under the Vietnamese criminal law in Soc Trang province”
as his doctoral dissertation.
2. Research purpose and tasks
2.1. Research purpose
The dissertation aims to clarify the theoretical issues, the reality of
the law and practice of imposing punishment on juvenile offenders in

Soc Trang province, it then proposes solutions to correctly impose
punishment on juvenile offenders in general and in Soc Trang
province in particular.
2.2. Research tasks
To fulfill the above purposes, the dissertation addresses the
following tasks:
- Analyzing concept and characteristics of juvenile offenders; the
concept and characteristics of imposing punishment on juvenile
offenders; contents and meaning of imposing punishment on juvenile
offenders and factors affecting the imposition of punishment on
juvenile offenders.
- Analyzing the reality of the provisions of the law and practice of
imposing punishment on juvenile offenders in Soc Trang over the
years, thenceforth, the study finds out inadequacies, limitations of the
law and the causes of these limitations and inadequacies, and the law
enforcement in practice.
2


- On the basis of theoretical and practical research results, the
author proposes solutions to properly impose punishment on juvenile
offenders in the coming years.
3. Research subject and scope
3.1. Research subject
By examining theoretical and practical issues, the law and
solutions of ensuring the law enforcement on the imposition of
punishment on juvenile offenders in Soc Trang. Therefore, the
dissertation utilizes scientific perspectives, legal regulations and to
properly impose punishment on juvenile offender in practice to
examine issues in the research contents of the dissertation.

3.2. Research scope
- The dissertation is studied by perspectives of criminal law and
criminal procedure.
- Spatially, the study examines the practice of imposing
punishment on juvenile offenders in Soc Trang province.
- Regarding time, the study uses statistics from 2010 to the end of
2018.
4. Methodology and research methods
4.1. Methodology: in order to clarify issues that need to be
studied, the dissertation based on dialectical and historical
materialism, Marxist-Leninist viewpoints and Ho Chi Minh thought
on crimes and punishments; thoroughly grasp the lines and policies
of the Communist Party of Vietnam on the construction of the
Vietnamese rule-of-law state.
4.2. Research methods: the author utilizes many research
methods such as surveys, analysis, synthesis, systematic method,
comparison, specific historical method, statistics; contact and
3


exchange directly with researchers, as well as direct interviews with
juvenile offenders in Soc Trang province.
5. New contributions of the dissertation
First, the dissertation contributes to clarify the theoretical basis for
imposing punishment on juvenile offenders.
Second, the dissertation analyzes the provisions of the existing
criminal law on the imposition of punishment on juvenile offenders in
Vietnam.
Third, the dissertation clarifies the issues of imposing punishment
on juvenile offenders in Soc Trang province, thenceforth, it finds out

inadequacies, limitations and causes of those inadequacies and
limitations in the provisions of the law when applying in practice.
Fourth, the dissertation seeks to analyze, compare and assess the
development trend of criminal law on the imposition of punishment on
juvenile offenders in the world today, since then it proposes
recommendations for better implementation of imposing punishment
on juvenile offenders in the coming years.
The dissertation is a direct and comprehensive research work on
imposing punishment on juvenile offenders under the Vietnamese
criminal law so as to introduce scientific arguments, requirements
and theoretical and practical solutions to improve the provisions of
the law on imposing punishment on juvenile offenders as a premise
for a law enforcement mechanism to ensure the imposition of
punishment on juvenile offenders in areas like Soc Trang province.
The dissertation is a valuable scientific work for researching,
teaching and learning about the imposition of punishment on juvenile
offenders under the Vietnamese criminal law.
6. Theoretical and practical significance of the dissertation
4


As a scientific research work on imposing punishment on juvenile
offenders in Soc Trang province, the dissertation contributes to
supplementing the theoretical issues on imposing punishment on
juvenile offenders; analysis approach and assessing the practice of
imposing punishment on juvenile offenders and then it proposes
solutions to ensure the imposition of punishment on juvenile
offenders in the coming years.
The dissertation can be seen as reference for issuing regulations
and applying the provisions of the criminal law for imposing

punishment on juvenile offenders, as well as for researching,
studying and teaching on criminal law.
7. Structure of the dissertation
Besides the introduction and conclusion, the dissertation includes
4 chapters:
Chapter 1: Literature review
Chapter 2: The theoretical issues of imposing punishment on
juvenile offenders
Chapter 3: The reality of the law and the practice of imposing
punishment on juvenile offenders in Soc Trang province
Chapter 4: The posing requirements in imposing punishment on
juvenile offenders in the coming years and enforceable solutions

5


Chapter 1
LITERATURE REVIEW
1.1. Foreign research situation
The issue of juveniles, the juvenile offenders and imposing
punishment on juvenile offenders is increasingly examined by
scientists. By reviewing foreign research works we found that some
studies have a quite wide research scope, mainly clarify the concept
of minors, juveniles in conflict with the law, minimum age of
criminal responsibility of juveniles in the context of complex and
diverse society by regulations, social norms, social factors,
population policies, conception of juvenile offenders. Some studies
have referred reasons for establishing courts for juveniles, measures
to handle friendly juvenile offenders, and analyzing juvenile
offenders from perspective of sociology, criminology, psychology,

biology but without resolving the issue of imposing punishment on
juvenile offenders.
Most of the research works have mentioned juvenile offenders but
have not examined intensively the imposition of punishment on
juvenile offenders. Some studies have become outdated, no longer
suitable to the situation of juvenile offenders today. Therefore, it is
necessary to continue studying and proposing solutions to ensure the
correct imposition of punishments on juvenile offenders.
1.2. Domestic research situation
The issue of imposing punishment on juvenile offenders is also
increasingly concerned by Vietnamese jurist. In recent years,
therefore, there have been many studies related to juveniles, juvenile
offenders and imposing punishment on juvenile offenders in
Vietnam.
6


By reviewing literature of imposing punishment and imposing
punishment on juvenile offenders at home country, we found that,
these

studies

have

analyzed

quite

intensively

concepts,

characteristics, principles of handling juvenile offenders, the
provisions of the criminal law on imposing punishment on juvenile
offenders, to clarify grounds for deciding penalties, synthesize
penalties, exempting or reducing penalties, suspended sentences and
spent convictions. In addition, these studies have also mentioned the
shortcomings and limitations of the current law when applying
punishment in practice, and proposed recommendations for
completing such inadequacies and limitations.
By reviewing literature, we also found that there have not been
any research works related to imposing punishment on juvenile
offenders in Soc Trang province so far. This area has many ethnic
Hoa and Khmer living, so there are many distinctive characteristics in
terms of economy, culture, society, health, education, customs and
practices. The situation of security and order in the locality is very
complicated, the handling of juvenile offenders is also very difficult,
not similar to other areas, so the imposition of punishment on them
must be based on the lenient and humane policies of our Party and
State, associated with the psycho-physiological characteristics of
juveniles on the basis of inclining to the good, mainly educate and
help them to correct mistakes, healthy development and become a
useful citizen for society.
Therefore, the dissertation is the first research work on the
theoretical issues of imposing punishment on juvenile offenders; the
reality of imposing punishment on juvenile offenders in Soc Trang
province so as to assess and point out the shortcomings and
7

limitations when applying penalties. Thenceforth, the study proposes
solutions to ensure to properly impose punishment on juvenile
offenders in the coming years.
1.3. The issues need to be further examined in this dissertation
By reviewing literature, we found that the implication of
punishment on juvenile offenders has not been examined intensively
and comprehensively, so it is necessary to further examine the
following issues:
- The study further clarifies the theoretical and legal basis of
imposing punishment on juvenile offenders. In which, analyzing and
clarify the concepts and characteristics of juveniles and juvenile
offenders; Contents, characteristics and handling principles of
imposing punishment on juvenile offenders; the criminal law
adjustment; factors affecting the implication of punishment on
juvenile offenders; mechanism for ensuring proper implication of
punishment on juvenile offenders in the reality.
-

To

further

clarify

physical-mental

characteristics

and

psychophysiology with or without punishment, principles of handling
goodwill, and alternative measures for criminal handling to juvenile
offenses and criminal policies related to the implication of
punishment on juvenile offenders.
- Analyzing and clarifying the limitations and shortcomings in
imposing punishment on juvenile offenders, and pointing out the
causes of such limitations and shortcomings and proposing
recommendations.
- Analyzing and clarifying the practice of imposing punishment
on juvenile offenders, thus contributing to better application of
criminal law policy for them.
8


- Analyzing, comparing and assessing the development trend of
criminal law on the implication of punishment on juvenile offenders,
thenceforth, the study proposes recommendations to improve
Vietnam’s criminal law on the implication of punishment on juvenile
offenders in the coming years.
Chapter 2
THEORETICAL ISSUES OF IMPOSING PUNISHMENT ON
JUVENILE OFFENDERS
2.1. The law on the implication of punishment on juvenile
offenders
2.1.1. The concept and characteristics of juvenile offenders
2.1.1.1. The concept and characteristics of juvenile
In social sciences in general and criminal law in particular, there
are many different viewpoints on this concept, in the author’s
opinion, “Juvenile is a person under the age of 18. Juvenile is not as

full and comprehensive development of physical, intellectual and
mental capacity as adults”.
At this age, juveniles have the following characteristics:
- Juveniles are those who have not yet fully and fully developed
physical, intellectual and mental capacity as adults. This development
is expressed in terms of growth, weight and height.
- Juveniles are those who have not fully developed intellectually
and psychophysically, this development always accompanies the
physical development.
- Juveniles are those who do not have the rights and obligations of
citizens. Lawmakers often base on the age of each person to make the
boundary to distinguish juveniles from adults.
9


2.1.1.2. The concept and characteristics of juvenile offenders
In the author’s opinion: Juvenile offenders are those who under
the age from 14 to below 18, having criminal liability capacity have
committed dangerous acts for society or being suspected of
committing a crime which prescribed as offenders by criminal law.
Characteristics of juvenile offenders
- First, juveniles are not fully aware of the ethical standards; they
are not able to have independent life and autonomy; They like to
learn and experience new things in life, they are very easy to get
behaviors and things happening before their eyes.
- Second, juveniles are in the stage of emotional imbalance,
affecting the central nervous system, so they are easily emotional,
immediate response, gratuitous, abnormal and easily get angry,
cannot control emotions, acting without thinking and blindly. In their
life, they do not have much experience, so their ability to control acts

is not high, easily lead to committing crimes;
- Third, juveniles always think that they have become adults and
would like to be treated as adults, do not want to depend on family
and society and would like to act by their own way. They often take
actions against the control and supervision of their families, schools
and society, often gathering together in gangs. Thereby, they are
easily committed crimes.
- Fourth, for those who under the age from 14 to below 18 are
considered as age of puberty for juveniles. At this age, they are
unable to control their actions.
- Fifth, Juveniles do not yet have a full and comprehensive
awareness of the law, their actions are often distorted by their
subjective will.
10


2.1.2. Adjusting the law on the imposition of punishments to
juvenile offenders
In society, in order to maintain social relations, the State uses
many different adjustment tools such as laws, practices, ethics, public
opinion, etc., in which, the law is a particularly important regulatory
tool. Adjusting the law for social relations is essentially the
implementation of the law’s impact on social relations. Such impact
often occurs in two directions that are appropriate and inconsistent
with the social development rules.
In the process of adjusting the provisions of the law on the
imposition of punishments to juvenile offenders, the Court must
strictly comply rules: if no measures are able to apply to tolerate
them, they just must be penalized; absolutely avoid imposing
punishments that restrict juvenile’s freedom.

2.2. Concept, characteristics and contents of imposing
punishment on juvenile offenders
2.2.1. Concept of the imposition of punishment to juvenile
offenders
The imposition of punishments to juvenile offenders is defined as
the court’s choice of specific punishments for offenders when they
are under the age of 18 years by provisions of criminal law to be
commensurate with the nature and extent of danger to society, as
well as characteristics of juveniles and specific policy of the law
towards them.
2.2.2. Characteristics of the imposition of punishment to
juvenile offenders

11


In addition to the basic characteristics of the imposition of
punishments, juvenile offenders also have a number of specific
characteristics as follows:
First, according to the Penal Code, juvenile offenders, especially
those between the age of 14 and below 16, are only imposed criminal
liability for certain offenses and punishments are imposed upon them
to be framed in such cope only.
Second, juvenile offenders are just imposed certain punishments
rather than all punishments stipulated by the Penal Code. According
to the Penal Code, they are not imposed the following punishments:
life imprisonment, death and additional penalties.
Third, juvenile offenders under the same condition, the imposition
of punishment to them must be less than that of adults.
Fourth, the Court may apply other judicial measures or exempt

punishments. If the court cannot apply other judicial measures or
exempt punishments for juvenile offenders, the court shall apply a
lighter punishment than adults who have committed the same crime.
2.2.3 Principles of imposing punishment on juvenile offenders
When imposing punishment on juvenile offenders, the Court must
rely on the following general principles: Socialist legislative
principles;

Socialist

principles

of

humanity;

Principles

of

individualization of penalties; Fair principles. In addition to the
general principles, juveniles are also imposed specific principles
stipulated by Article 91 of the 2015 Penal Code.
2.2.4. Contents of the imposition of punishment to juvenile
offenders
The imposition of punishment to juvenile offenders has contents
of law application. The imposition of punishment to juvenile
12

offenders is a process includes: identifying the legal event that needs
to impose punishment; Awareness of the law on the imposition of
punishment; Comparing case details with the provisions of the
criminal law and deciding to impose punishment; Issuing decision of
imposing punishments; Executing the decision of imposing
punishments.
2.3. Factors affecting the imposition of punishment to juvenile
offenders
2.3.1. Socio-economic situation
Over the past years, the implementation of innovation launched by
the Party and State, our country’s socio-economic situation has been
gradually stable and growth, the people’s material and spiritual life
has been increasing. In addition to the achieved results, the dark side
of the market economy has led to the increasingly complicated
situation of crime in our country, which tends to increase both in
quantity and organizational structure, its nature is getting more
serious and dangerous. Juvenile offenders account for a higher
proportion than adult offenders, many particularly serious cases
involving many people, of which, the cases headed by juveniles have
caused serious socio-economic damage for many people, families and
offenders themselves.
2.3.2. The State’s policies on child protection and take care
Protection, care and education of children are always concerned
by the Party and the State, and as one of the top priority policies to
ensure social security, for the goal of stable and long-term
development of the country. This policy also needs to be considered
when deciding punishments for juvenile offenders.
2.3.3. Criminal law policy for juvenile offenders
13

Juvenile offenders are also entitled by a specific criminal policy,
due to the humanitarian tradition and psycho-physiological
characteristics of this age group, with the goal of inclining to the
good for a healthy young generation. Thereby, this has a great impact
on the imposition of punishments to juvenile offenders and limiting
the prevention and fighting against crimes. Contents and views of
criminal policies for juvenile offenders must be expressed when
deciding punishments for them.
2.3.4. The quality of punishments imposed by the criminal
justice system
Criminal law and criminal procedure play a very important role in
ensuring the quality of punishments imposed on juvenile offenders
by the Court. The Criminal Procedure Code stipulates the order and
procedure of proceedings during the process of the investigation,
prosecution, adjudication, and judgment execution, in which, the
Court must ensure the principle that everyone is equal before the law,
when hearing criminal cases, Judges and Jurors are independent. All
judgments of the Court must rely on litigation results at the trial, to
assess fully, objectively and comprehensively evidences of the cases,
opinions of procurators and proceeding participants to make a
deterrent, educational, persuasive and feasible judgment.
2.3.5. Qualifications and competencies of judges, jurors and
other judicial titles
In order to select and apply the correct punishments by the
provisions of the law, the Judge and juror must have good moral
qualities and steady professional qualifications. In which, Judges play
a very important role in fulfilling the Court’s political duties through
the trial, the Court’s trial quality almost entirely depends on the
14

Judges, especially in imposing punishment on juvenile offenders.
Therefore, it is necessary to improve the political and professional
qualifications of the judges. In addition, it is also necessary to uphold
responsibility and capacity of the Jurors and other judicial titles such
as those who enforce judgments and criminal decisions of the Court
in the trial and executing judgments to meet the requirements of the
current innovation.
2.3.6. Guiding the application of criminal law by competent
agencies
The guidance on the implementation and application of laws by
competent agencies must ensure uniformity is very important in
imposing punishments on juvenile offenders by trial panels, and
overcoming arbitrary, subjective and inconsistent situations when
issuing judgments and decisions in the application of penalties of
courts at all levels in our country today.
2.3.7. Prevention, investigation and handling juvenile offenders
In order to make criminal policy for juvenile offenders, it is
necessary to clarify the trends and developments of juvenile
offenders in Vietnam in the coming years, this means that providing
accurate and scientific forecasts on situation of juvenile offenders. To
take precautions against, investigation and handing juvenile
offenders, all levels and branches must be proactive in making
programs and plans, in which, clearly stating their objectives,
solutions and specific measures to implement and solve the problem
of crime in society. At the same time, it is possible to forecast crimes
in general and specific crimes in particular, including juvenile
offenders to serve directly for planning of crime prevention,
investigation and handling in the coming years.

15


Chapter 3
THE REALITY OF THE LAW AND THE PRACTICE OF
IMPOSING PUNISHMENT ON JUVENILE OFFENDER IN
SOC TRANG PROVINCE
3.1. The reality of the law on imposing punishment on juvenile
offenders
3.1.1. Provisions of Vietnam’s criminal law on imposing
punishment on juvenile offenders before issuing the 2015 Criminal
Code
3.1.1.1. From the August Revolution in 1945 until the
promulgation of the 1985 Criminal Code
3.1.1.2. From the promulgation of the 1985 Criminal Code to the
promulgation of the 1999 Criminal Code
3.1.1.3. From the promulgation of the 1999 Penal Code to the
promulgation of the 2015 Penal Code.
3.1.2. Provisions of the existing criminal law on imposing
punishments on juvenile offenders
According to the existing law, the imposition of punishment on
juvenile offenders is stipulated in Chapter XXVIII of the 2015
Criminal Procedure Code “Procedures for persons under the age of
18 years” and Chapter XII of the 2015 Criminal Code “Provisions for
offenders under 18”. When imposing penalties on them, the Court
must base on the specific provisions of these two chapters. If these
two chapters do not have provisions, the Court shall apply other
chapters of these two Codes but not contravene the provisions of
these two chapters.
Namely, punishments are imposed and not imposed on juvenile

offenders as follows:
16


3.1.2.1. Punishments are imposed on juvenile offenders
- Warning
- Fines
- Non-custodial sentences
- Determinate imprisonment
+ For those between the age of 16 and below 18 when committing
crimes
+ For those between the age of 14 and below 16 when committing
crimes
- Imposing a sentence upon a juvenile offender for preparation of
a crime or unsuccessful crime
- Imposing a sentence on juvenile offenders for multiple crimes
- Imposing a suspended sentence upon juvenile offenders
- Exemption from punishments and exemption from serving
sentence on juvenile offenders
- Reducing sentences on juvenile offenders
- Sealing juvenile records
3.1.2.2. Punishments are not imposed on juvenile offenders
- Life imprisonment
- Death
- Additional penalties
- Fines: do not impose fines on juvenile offenders between the age
of 14 and below 16.
3.2. The practical imposition of punishments to juvenile
offenders in Soc Trang province
3.2.1. Results of imposing punishments on juvenile offenders in

Soc Trang province in recent years
17


According to the statistics of the trial in the People’s Court of Soc
Trang Province (since the 1999 Penal Code and amended in 2009
took effect until the end of 2018), an average of 494 cases a year,
with 766 defendants, of which, juveniles are tried on average of 36.7
cases a year, accounting for 7.44% with 43.5 defendants, accounting
for 5.68%. All of 766 defendants were sentenced determinate
imprisonment, without other punishments.
There were 448 cases to be reduced punishments and 15 cases
were exempted from punishments.
The above statistics show that only one type of imprisonment is
applied, and other punishments are not applied.
3.2.2. Restrictions of the imposition of punishments to the
juvenile offenders in Soc Trang province in recent years
First, with their habit, Judges and Jurors always uphold the role of
determinate imprisonment without imposing other punishments.
Second, less severe punishment has not yet been applied by Courts.
Third, the imposition of punishments to juvenile offenders in Soc
Trang over the past years has been mainly imprisonment, not
applying warning, fine and non-custodial sentences, and other
judicial measures. Fourth, before making the final judgment, the
Court

should

collect

all

evidences

to

prove

aggravating

circumstances and mitigating criminal liability. In fact, in many
cases, Judges and Jurors have not attached much importance to the
identification of legal events requires the application of laws,
awareness and comparison of case details with legal provisions,
leading to many unnecessary errors, causing frustration for the
community. Fifth, the reality shows that some Courts have not
18


accurately evaluated “nature and seriousness of crimes to the society”
when deciding sentences.
3.2.3. Causes of restrictions of the imposition of punishments to
the juvenile offenders in Soc Trang province in recent years
The imposition of punishments to the juvenile offenders is
generally strict.

Psychologically, Judges and Jurors still have

prejudices against juvenile offenders, considering them as bad
elements of society. Currently, Vietnam does not have a separate

group of Judges who are trained with the necessary knowledge to
grasp and understand psychology and educational sciences when
hearing juvenile offenders. The imposition of punishments to the
juvenile offenders requires the Court to simultaneously apply the
general provisions on criminal procedure and punishments in the
Penal Code, as well as separate positions to juvenile offenders. This
might make difficulties while imposing punishments on juvenile
offenders than adults.
Chapter 4
THE POSING REQUIREMENTS IN IMPOSING
PUNISHMENT ON JUVENILE OFFENDERS IN THE
COMING YEARS AND ENFORCEABLE SOLUTIONS
4.1. The posing requirements in imposing punishment on
juvenile offenders in the coming years
4.1.1. Implementation of the provisions of the 2013 Constitution
Vietnam’s criminal policy stipulates “hearing juvenile offenders
so as to educate and help them to correct mistakes, develop health
and become useful citizens in community”. There should be unified
principle is that handling juvenile offenders by imposing punishment
19


of the court mainly aim to educate them being useful persons to the
community and society. It is necessary to determine that this is a
long-term work that cannot achieve results overnight, so it requires
the effort of many parties including offenders themselves, family and
relevant agencies and unions.
4.1.2. Ensuring the full and better implementation of human
rights of juvenile offenders
The provisions of the criminal law or punishment regime in the

criminal law in the rule-of-law state are to protect human rights in
general, especially the protection of human rights of juvenile
offenders in particular. It is the affirmation and recognition of the
noble social values of people in a civilized society in order to avoid
abusing arbitrarily by competent persons in the state public
administration

apparatus

when

performing

their

duties

for

unintentionally or intentionally taking advantage of their positions
and powers to violate human rights in general and the rights of
juvenile offenders in particular. This viewpoint must be stipulated
specifically in the criminal law and criminal proceedings in the
implication of punishments and criminal liability to juveniles.
4.1.3. To implement strictly policy of criminal hearing for
juvenile offenders
Implementing fully and properly policy of criminal hearing for
juvenile offenders to prepare the way for whole process of
implementing policy to attract the participation of all strata to realize
common goals of our party and state in the field of criminal justice.

Thenceforth, strengthening the people’s trust to the struggle against
crimes. Thereby, the state forms the idea of basic objectives and
measures in the criminal policy and solving problems of the policy to
20


introduce policy scenarios in order for competent authorities making
policies.
4.1.4. Continue to accelerate judicial reform and to early
complete judicial institutions on juveniles
Imposing punishment on juvenile offenders to meet the
requirement of the socialist rule-of-law state, in accordance with the
process of current judicial reform of our country that must ensure the
principle of fairness, equality, humane and suitable to the way of
handling juvenile offenders under the Party and State’s viewpoints;
to meet the requirements of promoting the role of law and comply
with the law in community; ensuring the principle of respecting and
protecting human freedom and democracy, especially juveniles to
meet the requirements of the fight against crimes in the current
period.
4.2. Solutions to the proper implication of punishments to
juvenile offenders in Soc Trang province
4.2.1. Improving the provisions of the Penal Code on the
criminal liability of juvenile offenders
The Penal Code needs to issue lesser punishment than
imprisonment for specific offenses to widely apply punishments such
as warning, fine and non-custodial sentences in accordance with the
principle of protecting juveniles. It is necessary to supplement
articles and clauses on probationary time for juvenile offenders are
entitled to suspended sentences to be shorter than that of adult

offenders.
It is necessary to amend the provisions on criminal liability waiver
and applying alternative measures.
21


4.2.2. Increasing awareness of officials, public servants of the
judicial agencies in Soc Trang province on the imposition of
punishments to juvenile offenders
- Imposing punishments on juvenile offenders to strictly and
properly handling types of crimes are gradually increasing in Soc
Trang province.
- Must pay attention to the education and inspiration of juvenile
offenders, creating conditions for them to correct mistakes and
defects to become useful citizens of the society.
4.2.3. Strengthening practical review of the imposition of
punishments to juvenile offenders in Soc Trang province
The 2015 Penal Code had new provisions that need to be guided
by the Supreme People’s Court. It is necessary to accelerate the
guidance on the application of law and practical reviews to issue
guiding resolutions and judicial precedent in the current period.
4.2.4. Completing the friendly justice system for juvenile
offenders in Soc Trang province
- There should be a separate act on criminal proceedings for
juveniles. In which, having full provisions on proceedings to juvenile
offenders, victims and juvenile witnesses but without applying
general provisions for adults.
- It is necessary to recognize the principles of protecting the rights
of children not to be violated by any illegal acts such as the right to
keep secrets of private life, the right to identify of witnesses, and

recognize the provisions of international law that Vietnam as its
member.
- It is necessary to supplement the regulations on custody or
temporary detention for juveniles is shorter than that of adults.
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4.2.5. Enhancing the capacity of Judges, Jurors and other
judicial titles in applying and enforcing punishment to juvenile
offenders in Soc Trang province
Standardize judicial titles and strictly implement the process of
appointment and reappointment of titles in accordance with the
provisions of the law. In the future, it is necessary to have
mechanisms to attract, select and appoint professional judges who are
only in charge of hearing criminal cases that defendants are juveniles.
4.2.6. Enhancing intensively training for officials and public
servants of judicial agencies in Soc Trang on the imposition of
punishments to juvenile offenders
It is necessary to regularly organize professional and intensive
training on the imposition of punishments to juvenile offenders and
continue to raise knowledge of officials. The people’s judges must
pay special attention to the selection of appropriate persons to hear
criminal cases that victims or defendants are juvenile offenders.

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