Protecting the Identity of Juveniles in Criminal Proceedings in Viet Nam and Victoria

2021 ◽  
Vol 22 (2) ◽  
pp. 115-149
Author(s):  
Le Huynh Tan Duy ◽  
Marilyn McMahon
Keyword(s):  
Criminal Justice ◽  
Viet Nam ◽  
Court System ◽  
Criminal Proceedings ◽  
Attitudes And Practices ◽  
Rights Of The Child ◽  
Open Court ◽  
Criminal Justice Systems ◽  
Practical Operation ◽  
Trial Phase

Abstract This article compares protections relating to the non-disclosure of the identity of juveniles involved in the criminal justice systems of Viet Nam and Victoria (Australia). Both jurisdictions are committed to the principle of having an open court for the trials of juveniles. Nevertheless, being mindful of recommendations made by human rights bodies such as the United Nations Committee on the Rights of the Child – which promotes a closed court for these cases – both jurisdictions also recognise the importance of protecting the identity of juveniles on trial for criminal offences. They seek to balance their competing commitments to open court hearings and the protection of privacy through severely restricting the publication of information that could identify juvenile defendants. However, a review of the law and practices in both jurisdictions identifies different impacts and a number of problems. While restrictions on the publication of identifying information works effectively in Victoria, relevant laws are regularly breached without prosecution in Viet Nam. Significantly, existing protections in both Viet Nam and Victoria are almost exclusively focused on the trial phase and very few effective protections exist at earlier points, such as arrest and interrogation. This was highlighted by a focused investigation of pre-trial detention (bail), which revealed that while the practical operation of bail processes in Victoria is relatively stronger than in Viet Nam, statutory reform is required in both jurisdictions to strengthen legal protections against disclosure. In summary, the analysis demonstrates that it is possible to effectively protect the identity of juvenile defendants at the trial phase in an open court system provided that laws prohibiting the publication of identifying information are enacted, observed and enforced. In Viet Nam, significant changes in attitudes and practices are required to achieve this. Moreover, reform is required in both jurisdictions if the identity of juveniles involved in criminal justice proceedings is to be protected at the pre-trial phase.

Public prosecutors in the Chinese criminal trial – courtroom discourse from the prosecution perspective

2016 ◽  
Vol 1 (2) ◽  
Author(s):  
Xin Fu
Keyword(s):  
Criminal Justice ◽  
Research Data ◽  
Criminal Proceedings ◽  
Case File ◽  
Republic Of China ◽  
The Public ◽  
Procedural Law ◽  
Criminal Justice Systems ◽  
Research Findings ◽  
Potential Impact

AbstractThe prosecutor is an influential party in criminal justice systems, and this is true also of China. But most literature on China concentrates on the trial and criminal defence with comparatively little attention paid to the prosecution perspective. In this article, I make use of research data collected through courtroom observations, case file analysis and interviews when the Criminal Procedural Law of the People’s Republic of China (hereinafter the “CPL 1996”) was still effective. Given that the CPL 1996 was revised in 2012, I updated the research data in early 2016. This paper focuses on the public prosecutors’ performance in the courtroom at the various stages of the process such as the courtroom investigation – production, examination and cross-examination of prosecution evidence, and courtroom debate; it analyzes both prosecution language and skills, and the court’s judgment. The paper also discusses the potential impact of the CPL 2012 on criminal prosecutions. The research findings show that prosecutors performed their responsibilities in the criminal proceedings whatever methods of questioning the defendant and evidence production are used; prosecutors tried their best to achieve the goal of conviction even with weak cases; and the decisions of the court mostly reflected the decisions of the procuratorate.

scholarly journals Victims and international criminal justice: a vexed question?

2008 ◽  
Vol 90 (870) ◽  
pp. 441-459 ◽  
Author(s):  
Mina Rauschenbach ◽  
Damien Scalia
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
International Criminal ◽  
International Criminal Justice ◽  
International Level ◽  
International Regime ◽  
Criminal Proceedings ◽  
Criminal Justice Systems ◽  
Justice Systems ◽  
Vexed Question

AbstractDespite the growing attention being paid to “victims” in the framework of criminal proceedings, this attention does not seem to be meeting their needs under either national criminal justice systems or the international regime. In the latter, the difficulties encountered by the victims are aggravated by factors specifically arising from the prosecution and punishment of mass crimes at international level. This has prompted the authors to point out that the prime purpose of criminal law is to convict or acquit the accused, and to suggest that the task of attending to the victims should perhaps be left to other entities.

Victim Participation in Proceedings and Sentencing in Europe

1994 ◽  
Vol 3 (1-2) ◽  
pp. 57-67 ◽  
Author(s):  
Matti Joutsen
Keyword(s):  
Criminal Justice ◽  
The Netherlands ◽  
Point Of View ◽  
Public Prosecutor ◽  
Criminal Proceedings ◽  
The Public ◽  
Criminal Justice Systems ◽  
Victim Participation ◽  
Justice Systems

The article reviews the different ways in which victims can influence the course and outcome of criminal proceedings in different European criminal justice systems. The range is from some jurisdictions (such as Greece, the Netherlands and Portugal) where the victim can appear only in the capacity as witness, to others (such as Finland) where there is a general right to prosecute. Even in the systems providing victims with the greatest opportunity for participation, the victim in practice generally leaves prosecution to the public prosecutor. The article concludes by arguing that no one system is ideal from the point of view of the victim.

scholarly journals The Adversarial Approach in the Pre-trial Phase of Prosecution

2020 ◽  
Vol 37 (65) ◽  
pp. 281-287
Author(s):  
Viktor Victorovich Pushkarev ◽  
Ekaterina Alekseevna Trishkina ◽  
Ekaterina Viktorovna Tokareva ◽  
Bui Tran Cuong ◽  
Olga Rinatovna Shepeleva
Keyword(s):  
Criminal Justice ◽  
Russian Federation ◽  
Justice System ◽  
Actual State ◽  
Criminal Proceedings ◽  
Case Files ◽  
The Russian Federation ◽  
Main Factors ◽  
Questionnaire Surveys ◽  
Trial Phase

The confrontational or adversarial approach is one of the main factors that forms the basis of the criminal justice system. However, its application in the pre-trial phase is limited. Therefore, this document aims to demonstrate the importance of analyzing theoretical and practical problems. The choice of documentary and casuistic methodology allowed the following conclusions to be reached: Currently, the Russian police are undergoing changes that aim to humanize the criminal process, to solve fundamental challenges in the protection of the rights, liberty and interests of a person in the pre-trial investigation that will guarantee the confrontation system in criminal proceedings. We conducted a comparative legal investigation and analyzed criminal case files, as well as the results of questionnaire surveys conducted among investigators and attorneys. Overall, the results represent the actual state of cases in the pre-trial phase and help determine areas of development. We propose feasible changes to the criminal procedure legislation of the Russian Federation that will eliminate the disparity between some of its regulations and the requirements of the confrontation system in general.

Police and Prosecutions: Vanishing Differences between Practices in England and Germany

2004 ◽  
Vol 5 (10) ◽  
pp. 1207-1216
Author(s):  
Michael Jasch
Keyword(s):  
Decision Making ◽  
Criminal Justice ◽  
Criminal Proceedings ◽  
Policy Makers ◽  
Federal States ◽  
Police Powers ◽  
Criminal Justice Systems ◽  
German Federal States ◽  
Justice Systems ◽  
Principle Of Legality

Police powers of discretion to discontinue criminal proceedings are rather exceptional in Europe, where most Criminal Justice Systems are based on some kind of principle of legality. Germany and England may be regarded as contrasting examples for different decision-making-models on the question whether or not to prosecute an offender. Germany, with a principle of compulsory prosecution theoretically guiding the work of public prosecutors—compared to England, where already the police have significant powers of discretion when deciding about a case. In recent years, however, the differences between the practice of these principles seem to have vanished: Whereas some German federal states have started to involve police in prosecution decisions, policy makers in England try to restrain the traditionally wide discretion of police in dealing with cases of minor crimes. Interesting lessons that might be useful for future harmonization of European criminal justice systems can be drawn from the experiences in both countries.

Rights and Duties of Experts

2019 ◽  
pp. 228-245
Author(s):  
Joëlle Vuille
Keyword(s):  
Criminal Justice ◽  
Empirical Literature ◽  
Expert Evidence ◽  
Criminal Proceedings ◽  
Criminal Investigations ◽  
Criminal Justice Systems ◽  
Justice Systems

This chapter examines the rights and duties of experts, with emphasis on the rules governing the use of expert evidence in the non-adversary criminal justice systems most commonly found in Europe. It first provides an overview of relevant concepts and definitions relating to the position and role of the expert in criminal investigations and trials before discussing the process of hiring non-adversary experts and defining the questions put to them, the duties that befall the expert, and the issue of defense rights in connection with expert evidence. It also reviews the empirical literature about the evaluation of expert evidence by jurors and professional judges before proceeding with an analysis of what sanctions can be imposed when an expert commits a gross negligence or willfully misleads the court. Finally, it explores several issues that have arisen lately with regards to the use of expert evidence in criminal proceedings.

scholarly journals Formalism versus pragmatism – A comparative legal and empirical analysis of the German and Dutch criminal justice systems with regard to effectiveness and efficiency

2021 ◽  
pp. 1023263X2110059
Author(s):  
Robin Hofmann
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Legal History ◽  
Justice System ◽  
Legal Practice ◽  
Criminal Proceedings ◽  
Procedural Law ◽  
Criminal Justice Systems ◽  
Effectiveness And Efficiency ◽  
Justice Systems

The German and the Dutch criminal justice systems not only share a common legal history but also follow the inquisitorial tradition with the prosecution playing a strong role. Despite these commonalities, there are a number of remarkable differences between the two jurisdictions, particularly with a view to procedural law and legal practices. While the German criminal law is known for being formal and rather doctrinal, the Dutch system is strongly driven by pragmatism and efficiency. This efficiency has become an important factor for the progressing Europeanization of criminal law and increasingly influences German criminal procedural law. This article compares selected aspects of the Dutch and German criminal justice systems. While previous legal comparative studies of the two neighbouring countries have focused on substantive criminal law, this paper will mainly deal with procedural criminal law and prosecutorial practices. The emphasis will be on criminal justice effectiveness and efficiency. Some of the questions addressed are: what constitutes an efficient criminal justice system? How is efficiency defined and implemented in legal practice? A variety of indicators for criminal justice efficiency are proposed and applied to criminal proceedings, prosecutorial practices and the sentencing systems in both countries.

scholarly journals International Cooperation and Raised Issues in Implementation of the Code of Criminal Procedure of 2015

2018 ◽  
Vol 34 (1) ◽  
Author(s):  
Nguyen Ngoc Chi
Keyword(s):  
Criminal Justice ◽  
International Cooperation ◽  
Criminal Procedure ◽  
Legal Framework ◽  
International Agreements ◽  
Viet Nam ◽  
Criminal Proceedings ◽  
Judicial Assistance ◽  
Hoa Binh

Via considerably revised and suplemented provisions, the Code of Criminal Procedure (CCP) of 2015 demonstrates the improvement of the legal framework on international cooperation in criminal proceedings. Such provisions of the CCP also harmonize with the Act of Judicial Assistance and international agreements with the participation of Vietnam. The article analyzes the grounds of revision and suplementation of the provions on international cooperation of the CCP of 2003 as well as mentions other issues of the CCPof 2015 need to be considered and to be improved to enhance the quality of this sector of criminal justice in the feature. Keywords Code of Criminal Procedure of 2015, international cooperation, judicial assistance References [1] Xem Nguyễn Thị Ly, luận văn Thạc sỹ “Chế định dẫn độ trong hợp tác quốc tế theo Luật Tố Tụng Hình sự Việt Nam”, Khoa Luật trực thuộc Đại học Quốc gia Hà Nội, năm 2015.[2] Nguyễn Hòa Bình, Những nội dung mới của bộ luật Tố tụng Hình sự năm 2015, Nhà xuất bản chính trị Quốc gia, Hà Nội, năm 2016.

The Rights of Victims in Viet Nam

2016 ◽  
Vol 17 (1) ◽  
pp. 70-87
Author(s):  
Thi Mai Dinh
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Legal Protection ◽  
Crime Victims ◽  
Viet Nam ◽  
Criminal Proceedings ◽  
Rights Protection ◽  
Personal Experiences ◽  
Criminal Procedure Law

This article examines the rights of victims of crime in the Vietnamese criminal justice system. It aims to evaluate how crime victims are treated by looking at both legal regulations on crime victims’ rights protection and victims’ personal experiences of rights. This article will answer two questions: (i) what rights do crime victims have under Vietnamese Law; and (ii) how do they exercise their rights in practice? Data related to victims’ rights experiences is collected from 312 court judgments, three court observations, three victim interviews and three other interviews from 2008 to 2013. The research found that the Vietnamese criminal justice system provides weak legal protection of crime victims’ rights and victims’ rights that have tended to be neglected in criminal proceedings. The author proposes some suggestions to better amend the system of criminal procedure law and promote victims’ rights in practice.

scholarly journals Crime, Diversity, Culture, and Cultural Defense

2018 ◽  
Author(s):  
Clara Rigoni
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Indigenous Populations ◽  
Access To Justice ◽  
Criminal Proceedings ◽  
International Human Rights ◽  
Criminal Justice Systems ◽  
International Human ◽  
Justice Systems ◽  
Cultural Defense

Contemporary societies are culturally diverse. This diversity can be the result of different historical and social processes and might affect the uniformity and efficiency of criminal justice systems. Colonization of indigenous populations that started in the 15th century later European colonization of Africa and migration flows following the Second World War have contributed to this diversity in different ways. The growing importance acquired by culture in the criminal law domain went hand in hand with the attention received by it both in the human rights field (especially linked to minority rights) and in the field of sociological and criminological theories. Nowadays, crimes such as female genital mutilation, forced marriages, and other behaviors grounded in “culture or tradition” form the object of several international human rights instruments and media reports. The way in which criminal justice systems deal with such cases, and more in general with cultural factors, varies greatly. Different instruments have been proposed to allow the consideration of cultural elements within criminal proceedings among which (in common law countries) is the formalization of an autonomous “cultural defense.” However, international human rights instruments, especially those protecting the rights of vulnerable subjects such as women and children, have repeatedly discouraged states to take into account “culture, religion, and tradition” as grounds for justification (see, e.g., the Istanbul Convention). Criminal proceedings are not the only setting to deal with culture and crime. More recently, the development of alternative dispute resolution mechanisms and restorative justice both within formal and informal (community) settings have given an additional option to take culture into account in the resolution of disputes (in terms of procedures used and normativities in play). Concerns exist with regard to the substantive and procedural rights of participants to these programs. However, these alternatives could represent a way to allow a certain degree of legal pluralism and facilitate access to justice for minority groups.

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