Abstract
In Vietnam, principles for conducting legal proceedings against juveniles, stipulated in the Criminal Procedure Code, are defined as the core idea throughout the whole process of creation and application of criminal procedures against juveniles. These principles help complete criminal procedures to guarantee juveniles' lawful rights and interests; correct limitations of courts as well as ensure compatibility with UNCRC and Law on child protection, care and education. However, in order to implement these principles properly, Vietnam still needs to revise its criminal procedures against juveniles, standardize qualifications of officials and enhance collaboration between its authorities.
Highlights
The child-friendly criminal procedures are special procedures applied to ensure the best interest and fairness for juveniles who are accused persons, crime victims or witnesses.Many amendments have been made in the 2015 Criminal Procedure Code relating to child-friendly criminal procedures (i.e. Chapter XXVIII; Part 7: Special procedures)
The incorporation of these seven principles in our Criminal Procedure Code reflects a very fundamental change in the way the justice process deals with juvenile offenders
This new approach is grounded in the respect for the rights of children, an attention to the relevant international standards, and the realization of the humane approach and policy of the State and Communist Party of Viet Nam
Summary
The child-friendly criminal procedures are special procedures applied to ensure the best interest and fairness for juveniles who are accused persons, crime victims or witnesses. Of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth, which reinforces the child’s respect for the human rights and fundamental freedoms of others and which takes into account the child’s age and the desirability of promoting the child’s reintegration and the child’s assuming a constructive role in society”[4] while adds “A juvenile is a child or young person who, under the respective legal systems, may be dealt with for an offence in a manner which is different from an adult.”[5] This principle requires that the bodies responsible for the various aspects of criminal proceedings abide by the provisions of the law on special treatment for juvenile offenders so that their rights and best interests are guaranteed. Kuta¿n University Law Review Volume 7 Issue 1 2020 www.kulawr.ru the Court can adjudicate and declare the sentence which has positive effects on their mentality.[6]
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