Vietnam’s Policy on Juvenile Criminals Reflected in its New Provisions under the New Criminal Code 2015 (Amended 2017) and Recommendations

Abstract

Crimes being committed by juveniles in Vietnam are increasing in number and are becoming more serious in nature, and furthermore, there is a greater number of juvenile criminals committed crimes at an earlier and earlier age. The new Criminal Code 2015 (amended in 2017) reflects the humanitarian policy in dealing with juvenile criminals, which is in line with international standards. The need to have legislation and codes that reflect international reality and requirements, including treaties, as well as in accordance with humanitarian principles is paramount. The requirements for policies that drive these is clear. In this context, the author elaborates on key aspects of criminal policy that drive new provisions and process - including matters such as inchoate offences, the age of the offender, diversion principles, and sentencing requirements depending upon different ages - including for concurrent sentencing for offences committed within different age bands. Within this paper, the author therefore analyses the grounds for the Vietnamese State’s policy on juvenile criminals and new provisions of Criminal Code 2015 (amended in 2017) reflected this policy. Additionally, the author provides recommendations to improve these provisions with respects to their content and legislative techniques in order to effectively bring the State’s policy on juvenile criminals into real life.