Promoting humanity and goodness in handling juvenile offenders

Continuing the 8th Session, on the morning of October 23, under the direction of Vice Chairman of the National Assembly Nguyen Khac Dinh, the National Assembly discussed in the hall a number of contents with different opinions of the draft Law on Juvenile Justice.

Institutionalize the need for more humane treatment of juvenile offenders

Briefly presenting the Report on explanation, acceptance and revision of the draft Law, Chairwoman of the Judicial Committee Le Thi Nga stated that many opinions agreed with the provisions of the draft on penalties applicable to minor sin.

Chairwoman of the Judiciary Committee Le Thi Nga presented a report explaining, accepting and revising the draft Law. (Photo: DUY LINH)

Many opinions suggested continuing to carefully review specific regulations in the four types of penalties mentioned in the draft to ensure institutionalization of requirements for more humane treatment of juvenile offenders.

According to the National Assembly Standing Committee, in addition to fixed-term imprisonment, the draft Law continues to inherit the provisions of the Penal Code on three other types of penalties: warning, fine, and non-custodial reform. This provision aims to ensure conformity with the nature and level of danger of each criminal act, while institutionalizing Resolution No. 49-NQ/TW of the Politburo - reducing imprisonment, expanding the application of fines, non-custodial reform...

In response to the opinions of many National Assembly deputies, the National Assembly was requested to retain the provisions of the draft Law on 4 types of penalties. The National Assembly Standing Committee directed a thorough review of the provisions of each type of penalty mentioned above to ensure both deterrence and crime prevention, and to promote humanity and benevolence in the handling of juvenile offenders.

Commenting on the execution of prison sentences for minors, National Assembly delegate Nguyen Thi Viet Nga (Hai Duong delegation) proposed adding a provision that “priority is given to minors serving their prison sentences at detention facilities near their families and places of residence”. This demonstrates humanity, creating conditions for families to visit, meet, and encourage juvenile offenders, contributing to improving the psychology of minors in a positive way.

Article 113 of the draft Law stipulates fines, in Clause 3 it is stipulated that "The fine for minors from 14 to under 16 years old who commit crimes shall not exceed 1/3 of the fine prescribed by law".

Delegate Tran Thi Thu Hang (Dak Nong delegation) speaks. (Photo: DUY LINH)

Delegate Tran Thi Thu Hang (Dak Nong delegation) proposed a review to ensure compliance with the provisions of the 2015 Penal Code on the application of penalties to people from 16 to under 18 years old if that person has income or private property.

Accordingly, the fine for people from 16 to under 18 years old who commit crimes shall not exceed half of the fine prescribed by law, and there is no provision for fines for the group from 14 to under 16 years old. Meanwhile, the purpose of building this Law is to ensure the best interests of minors, not to increase their obligations.

Ensure the principle of resolving cases involving minors quickly and promptly

Regarding the authority to apply the measure of redirection, according to the report of the National Assembly Standing Committee, there is a proposal to stipulate that the measure of redirection of compensation for damages is only assigned to the Court for decision.

The Standing Committee of the National Assembly believes that in cases where the case involves compensation for damages and the parties agree on the settlement of compensation, assigning the Investigation Agency and the Procuracy to decide on the application of diversion measures as in the draft Law (also inheriting the provisions of the current Penal Code) will ensure the principle of speed and timeliness, helping minors who meet the legal conditions to soon apply diversion measures instead of requiring the Investigation Agency and the Procuracy to prepare a dossier requesting the Court to apply, both extending the time limit and creating procedural issues.

At the same time, to resolve disputes over compensation for damages, Clause 1, Article 57 of the draft Law has added a provision In case of dispute over ownership of evidence or compensation for damages, it must be resolved according to the provisions of civil procedure law.

The Supreme People's Court proposes to regulate in the following direction: In case a dispute arises over compensation for damages or the issue of property confiscation arises, the Court shall have the authority to decide on both the application of diversion measures and compensation for damages and property confiscation.

Delegate Luong Van Hung (Quang Ngai delegation) gives comments on the draft Law. (Photo: DUY LINH)

Speaking, delegate Luong Van Hung (Quang Ngai delegation) suggested considering the regulation that the Procuracy at the same level has the authority to cancel the decision on applying the diversion measure of the investigation agency, but should stipulate that the Procuracy has the right to make a recommendation when there is reason to believe that the decision is illegal to ensure consistency in the policy of reviewing the decision on applying the diversion measure of the Procuracy and the Court.

Regulations on the direction of decisions on the application of handling measures to redirect the handling of complaints and recommendations by the Investigation Agency and the Procuracy must be directly considered and resolved by the Investigation Agency and the Procuracy at the next higher level, while ensuring the correct implementation of the principle of resolving cases involving minors quickly and promptly.

At the same time, ensuring the principle that "state power is unified, with clear division of labor, close coordination and effective control among state agencies..." and "all power must be strictly controlled..." is set forth in Resolution No. 27-NQ/TW dated November 9, 2022 of the 6th Conference of the 13th Party Central Committee on continuing to build and perfect the socialist rule-of-law state of Vietnam in the new period.

Some delegates said that educational measures at communes, wards, and towns and educational measures at reform schools are administrative measures prescribed in Articles 89, 90, 91, and 92 of the Law on Handling of Administrative Violations; however, the subjects of application in the Law on Handling of Administrative Violations are very broad, including the subjects prescribed in Articles 44 and 52 of this draft Law.

Therefore, it is recommended to carefully review and compare the provisions on the application of educational measures at communes, wards and towns and education at reformatory schools to have appropriate and unified regulations; avoid overlap or contradiction leading to difficulty in application and limiting the feasibility of the Law after its promulgation.

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