E/CN.4/1995/31/Add.4 page 10 (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

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