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The Supreme People's Court of Vietnam: Benchbook Online

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4.1.3. Arrest, custody and detention of a juvenile offender


Related legal documents
  • CrPC (Articles 80, 82)
  • CrPC (Articles 86, 88)
  • CrPC (Article 120)
  • CrPC (Article 303)

  • Main tasks and practical skills

    • Any arrest, temporary custody and provisional detention of a juvenile offender must be in compliance with the provisions of Article 303 of the CrPC. The Judge should determine the correct age of the accused. The Judge should follow Sub-section 4.1.2 to conclude whether the accused has attained the age of 16 or not. Noting that:
      - Where the juvenile offender is of the age of full 14 to less than 16, they may be arrested or put under temporary custody or provisional detention only if they have intentionally committed a very serious offence or they committed an extremely serious offence and there exist sufficient grounds as provided in Articles 80, 87, 82, 86, 88 and 120 of the CrPC;
      - Where the juvenile offender is of the age of full 16 to less than 18, they may be arrested or put under temporary custody or provisional detention only if they have intentionally committed a serious offence, or they have committed a very serious offence or an extremely serious offence.
    • The body which issued an order of arrest, temporary custody or provisional detention must notify the juvenile offender’s family or legal representative of such arrest, custody or detention thereafter.