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Legal Protection for Juvenile Offenders - Lessons from the International Community

https://doi.org/10.17803/2313-5395.2019.2.12.295-334

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Abstract

The problem of children and young people committing offences create real difficulties for a justice system in the light of the Rights of Children as variously enacted in national and international legal instruments. It is a problem that transcends international boundaries, and provides a rich field for legal scholarship to chart processes, rules and systems which to deal with this. This paper aims to present and analyse significant provisions of the legislative frameworks governing juvenile offenders of three nations very different approaches to this problem - namely the State of Victoria (Australia), New Zealand and Germany. These are Victoria’s provisions protecting the confidentiality of criminal proceedings and governing bail application; New Zealand’s regulations on family group conferences; and Germany’s stipulations on victim-offender mediation. For each matter, the author makes a comparison with Vietnamese criminal procedure laws applicable to accused persons who are under 18 years of age. The finding is that there are certain shortcomings within the system of Vietnam, which need to be overcome. In this regards, the details, rules, and procedures as well as the experiences of the three nations’ laws are valuable lessons for Vietnam in reforming and developing its legislative framework designed for juveniles in conflict with criminal law.

About the Author

Le Huynh Tan Duy
Ho Chi Minh City University of Law
Russian Federation


For citation:


Le Huynh Tan Duy . Legal Protection for Juvenile Offenders - Lessons from the International Community. Kutafin Law Review. 2019;6(2):295-334. https://doi.org/10.17803/2313-5395.2019.2.12.295-334

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ISSN 2713-0525 (Print)
ISSN 2713-0533 (Online)