In recent years, the cases are getting more and more serious and causing great damage. So we are hearing about many cases that are kept secret, not heard publicly. So about the matter “ Regulations on closed trials under Vietnam law” Let’s find out with LSX in the article below.
Legal grounds
- Vietnam Constitution 2013
- Penal Code 2015, revised 2017
- Criminal Procedure Code 2015
What is a closed trial?
A closed trial means that not everyone has the right to attend a trial, as opposed to a public trial. Except for the Trial Panel, the procurator, the court clerk and necessary procedure participants, no one remains in the courtroom if it is a closed trial but can only return after the closed trial process. to hear the verdict publicly.
Regulations on closed trials in Vietanm Constitution 2013
According to the provisions of Clause 2, Article 31 of Vietnam Constitution 2013: “The accused must be promptly tried by the Court within the time limit prescribed by law, in a fair and public manner. If the trial is closed in accordance with the law, the sentencing must be made public.”
In Clause 3, Article 103 of the 2013 Constitution, on the principle of adjudication, “The People’s Court shall conduct the trial in public. In cases where it is necessary to keep state secrets, the nation’s fine customs and traditions, to protect minors, or to keep private life secrets at the legitimate request of the involved parties, the People’s Courts may conduct closed trials.”
Through the above provisions, we see that the Court can conduct a closed trial in some special cases, but the sentencing must be made public. The closed trial must still ensure objectivity, fairness and in accordance with the principles and order of the law.
Regulations on closed trials under Vietnam law
Concretizing the provisions of Vietnam Constitution 2013, Article 25 – Criminal Procedure Code 2015 stipulates:
“The court hearings are open to the public, everyone has the right to attend the court hearing, except for the cases provided for by this Code. In special cases where it is necessary to keep state secrets, the nation’s fine customs and traditions, to protect persons under 18 years of age, or to keep private life secret at the legitimate request of the involved parties, the Court may conduct a closed trial but must be publicly sentenced.”
According to this provision, there are 3 cases where the Court will hear behind closed doors:
Firstly, if the Court considers it necessary to keep state secrets, fine customs and traditions are required. The typical cases for this closed trial case come from cases related to falsifying state regulations causing budget loss, corruption, etc. Because it involves keeping state secrets. .
Secondly, it is considered necessary to protect the interests of people under 18 years of age. Typical cases are usually cases of child rape, rape, lewdness, etc. Because these cases often affect the psyche of the victim in the period of mental development.
Thirdly, stemming from the right to keep the private life of the litigant private. In some cases, the request for a closed trial is also the basis for the Court to hear the case in secret.
If the case falls under the circumstances mentioned above, the involved parties have the right to send an application to the court hearing that case to request a closed trial. Based on the request of the involved parties, the Court will consider and decide and when bringing the case to trial, the Court will specify whether the form of trial is public or closed.
However, at present, the concepts of “pure customs and traditions” and “secret of private life at the legitimate request of the involved party” have not been guided and explained specifically for uniform application.
According to this regulation, in order to avoid presenting all details of the case, affecting state secrets, private life secrets, affecting the protection of people under 18 years old, etc.,
The trial is closed, but the judgment must be made public
Although the trial must be closed, the judgment must be made public. However, judgments are often only made public because the publication of the entire judgment will present all the details of the case. This will make it difficult to protect state secrets, privacy and interests of people under 18 years of age, contrary to the principle of closed trial. Specifically, in Article 327 – Criminal Procedure Code 2015 stipulates:
Article 327. Sentencing
The presiding judge or another member of the trial panel reads the judgment. In the case of a closed trial, only the decision part of the judgment is read. After reading, you can explain more about serving the sentence and the right to appeal.
Accordingly, the public sentencing section lists the names of the defendants, crimes and specific punishments for each defendant.
Criminal cases, when being tried in secret, must be declared publicly. Specifically, Article 327 of the 2015 Criminal Code stipulates: In case of a closed trial, only the decision part in the judgment should be read, after reading it, you can further explain the execution of the judgment and the right to appeal.
It is understood that this public sentencing section will only state the names of the defendants, the crimes convicted and the specific punishments for each defendant, not disclosing the contents of the case as well as the offenses committed. of the defendants to ensure the requirements of Article 25 above.
This regulation on public sentencing is to ensure that the Court’s judgment must be made public so as to help the people monitor and check the objectivity and transparency of the judgment.
Besides, this is to educate the legal consciousness and propagate the law to the people because, through the public trial, people are aware that any law violation will be handled. according to the law, showing deterrence and general preventive purposes to society.
Closed trial in cases involving people under 18 years old
According to the provisions of Article 91 of the 2015 Penal Code, which was amended and supplemented in 2017, for persons under 18 years of age who commit crimes, it is necessary to adhere to the following principles:
The handling of offenders under the age of 18 must ensure the best interests of the under-18, for the purpose of educating and helping them to correct their mistakes, develop healthily, and become useful citizens for the society. festival
– No life imprisonment or death penalty shall be imposed on persons under 18 years of age who commit the crime. The maximum penalty for this group is 18 years in prison.
– Courts only apply prison sentences for a definite term to offenders under 18 years of age when deeming that other punishments and educational measures have no deterrent or preventive effect.
Article 414 of the 2015 Criminal Procedure Code stipulates the principles of adjudicating persons under the age of 18 who commit crimes as follows:
1. To ensure friendly proceedings, suitable to the psychology, age, maturity level and cognitive ability of persons under 18 years old; ensure the lawful rights and interests of persons under 18 years of age; ensure the best interests of persons under 18 years of age.
2. To ensure personal confidentiality of persons under 18 years of age.
3. Ensure the right to participate in the proceedings of the representative of the person under the age of 18, the school, the Youth Union, the person with experience and knowledge in psychology, society, and other organizations where the under-18 student studies. , labor and living.
4. To respect the right to participate and express opinions of people under 18 years old.
5. To ensure the right to defense and the right to legal aid of persons under 18 years of age.
6. To ensure the handling principles of the Penal Code for persons under 18 years of age who commit crimes.
7. To ensure prompt and timely settlement of cases involving persons under 18 years of age.
Trial behind closed doors in cases where people under the age of 18 commit crimes
Jurisdiction to hear cases involving persons under 18 years of age committing crimes belongs to the Family and Juvenile Courts. Accordingly, requirements for the trial of a person under the age of 18 who commit a crime include:
– The courtroom must be arranged in a friendly manner, ensuring the best interests of the people under 18 years of age in accordance with the provisions of Article 3 of the Circular No. 01/2017/TT-TANDTC dated July 28, 2017 of the Chief Justice of the Court. Supreme People’s Courtroom
– Judges wear administrative work clothes of the People’s Courts, do not wear robes.
– No mobile trial for criminal cases involving persons under 18 years of age
– If there is a request from a person under the age of 18, their representative, or to keep their privacy and protect a person under 18 years old, the Court may also conduct a closed trial but must read the decision in the judgment.
In addition, Article 423 of the 2015 Criminal Procedure Code stipulates that at the trial of a person under the age of 18 committing a crime, their representative, a representative of the school or organization where this person studies and lives, must be present. .
The court hearing for the defendant who is under 18 years of age must be present in the presence of the defendant’s representative, the representative of the school or organization where the defendant studies and lives, unless these persons are absent without reason. due to force majeure or not due to objective obstacles.
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Frequently asked questions
In Clause 2, Article 31: “2. The accused must be promptly tried by the Court within the time limit prescribed by law, in a fair and public manner. If the trial is closed in accordance with the law, the sentencing must be made public.
In Clause 3, Article 103: “3. The People’s Court shall conduct the trial in public. In special cases where it is necessary to keep state secrets, the fine customs and traditions of the nation, protect minors, or keep private life secret at the legitimate request of the involved parties, the People’s Courts may adjudicate. private.”
According to the law, a closed trial may be conducted in the following cases:
– Keeping state secrets;
– Keeping the fine customs and customs of the nation;
– Protection of persons under 18 years of age;
– Keep private life confidential at the legitimate request of the involved party.
In a closed-door trial, only the Trial Panel, the procurator, the court clerk and other necessary procedure participants are summoned by the court. No one else is allowed to stay in the courtroom to watch the proceedings; including journalists or relatives of the litigants.
Conclusion: So the above is Regulations on closed trials under Vietnam law. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
