Proposal not to apply punishment for the circumstance of "inciting people under 18 years old to commit crimes" to minors

Delegate Duong Van Phuoc - Deputy Head of the National Assembly Delegation of Quang Nam province spoke at the discussion. Photo: V.HIEU

Regarding the application of penalties, delegate Duong Van Phuoc proposed to add the content of the regulation that the penalty for the circumstance of "inciting people under 18 to commit crimes" is not applied to minors. According to delegate Duong Van Phuoc, minors are people with limited awareness, immature and impulsive thinking, so adding the above content is appropriate, both demonstrating humanity and humanity, ensuring the best interests of minors.

Regarding family responsibilities, the delegate proposed to add the subject of “legal guardian, guardian” as the subject of family responsibility towards the minor who committed a crime. The delegate cited that in practice, there are still cases where minors who commit crimes do not have parents, but have legal guardians, guardians, and these people are qualified to compensate for damages caused by the minor.

In cases where the diversion measure cannot be applied, the juvenile commits a crime when falling into the following cases: (1) The juvenile is the mastermind, organizer, leader, commander; the perpetrator in the case of a crime of a hooligan or professional nature; (2) The juvenile commits a crime of intentionally causing injury leading to death, using a dangerous weapon or weapon to commit the crime, delegate Duong Van Phuoc proposed that the diversion measure should not be applied.

The delegate said that minors who have violated the law in recent times are mainly between the ages of 16 and 18; these subjects take advantage of cyberspace to form criminal groups, commit organized, reckless, hooligan crimes, and are dangerous to society. If the above-mentioned crimes are not included in the cases where diversion measures are not applied, there will be a risk of increasing criminal gangs against minors, causing insecurity and disorder.

At the same time, according to the delegate's point of view, in the case of a minor who commits the crime of killing a relative such as a parent, paternal grandfather, paternal grandmother, maternal grandfather, maternal grandmother, biological brother or sister, etc., the measure of diversion should not be applied to strictly handle those who have lost their humanity, killed their own relatives, and seriously violated ethics.

Scene of the discussion at the National Assembly hall. Photo: V.HIEU

Regarding the conditions of application, the delegate found that the provision that minors must agree in writing to the handling of redirection in Clause 3, Article 40 is not appropriate. Because Clause 3, Article 6 of the draft stipulates that the handling of minors who commit crimes must be based on their criminal acts, personal characteristics, age, maturity level, their ability to perceive the dangerous nature of the crime to society, the causes and conditions that cause the crime, and the requirements of crime prevention.

The punishment applied to minors is not intended to punish but to educate them to respect and obey the law and the rules of life, to prevent them from committing new crimes, but is strict enough to prevent and combat crime. Therefore, the application of diversionary measures to minors does not need to depend on their will and wishes.

This provision is similar to the current law on applying judicial educational measures at reform schools, which does not require the consent of minors or their legal representatives. Therefore, delegate Duong Van Phuoc suggested that this condition should be considered for removal.

Source: https://baoquangnam.vn/de-xuat-khong-ap-dung-hinh-phat-voi-tinh-tiet-xui-giuc-nguoi-duoi-18-tuoi-pham-toi-doi-voi-nguoi-chua-thanh-nien-3143139.html