E/CN.4/1995/31/Add.4
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(d)
Enforcement of penalties
31.
In the case of the death penalty, article 228 of the Code of Criminal
Procedure provides that, as soon as the decision carrying this penalty becomes
res judicata, the file of the proceedings must automatically be submitted to
the President of the Supreme Court and a copy of the decision must be
submitted to the Public Prosecutor of the Prosecution Department of the
Supreme Court. Within two months of receiving the file, the President of the
Supreme Court and the Public Prosecutor must decide whether a "protest" should
be filed against this decision in accordance with the review procedure. The
convicted person, for his part, has a period of seven days as from the time
when the decision has become res judicata in order to apply to the Council of
State for an amnesty. The Court may also hand down penalties of life or
long-term imprisonment to be served in re-education labour camps. However, it
may also decide that the prison term is to be served outside prison, according
to the conditions it defines, or that rehabilitation through labour is to take
place without detention.
32.
In such cases, the convicted person will be handed over to Government
agencies in the village or town where he lives or works, which will assume
responsibility for his education. The court may also adopt an order
prohibiting him from having access to certain places in the country. There is
also the possibility that he may be given a reduction or full or partial
remission of the penalty.
33.
It should be pointed out that chapter XXII of the Code of Criminal
Procedure (arts. 271 to 280) relates to juvenile delinquency. In the case of
an offence committed by a minor, all persons involved in the investigation,
proceedings and trial must have some knowledge of psychology, educational
sciences and the prevention of juvenile delinquency, since it is important for
them to have an idea of the personality and the family, social and academic
situation of the delinquent child or adolescent. The legislator has given the
above-mentioned persons the possibility of entrusting a minor to his parents
with an obligation for them to supervise their child, his personality and his
education. They must undertake to represent him whenever he is summoned by
the police or by the courts for the purposes of the investigation. It is also
compulsory for minors to be accompanied by a lawyer. The Bar may be requested
to appoint a lawyer if the minor or his family cannot afford one. A minor’s
legal representatives may assist him during the investigation stage and in
proceedings in the trial court. The same right is granted to representatives
of his school, the Ho Chi Minh Youth Union and other social welfare
organizations in the place where he lives or works. Pre-trial detention
should be the exception for delinquent minors. It may be ordered in some
cases because a minor has committed a serious crime or because the aim is to
prevent him from running away. In this case, as in the case where he has been
convicted, he must be detained separately from adults. The age of criminal
responsibility in Viet Nam is 18 years.
(e)
Substantive rules (legality of offences and penalties)
34.
The original feature of the Code of Criminal Procedure is that it starts
with a chapter containing a whole set of basic principles. This chapter, in
which there are 26 articles, proclaims the equality of citizens before the