Regarding the application of penalties, delegate Duong Van Phuoc proposed to add the content of the regulation that does not apply penalties for the circumstance of "inciting people under 18 to commit crimes" to minors. According to delegate Duong Van Phuoc, minors are people with limited awareness, immature and impulsive thinking, so adding the above content is appropriate, both demonstrating humanity and humanity, ensuring the best interests of minors.
Regarding family responsibilities, the delegate proposed to add the subject of “legal guardian, guardian” as the subject of family responsibility for minors who commit crimes. The delegate cited that in practice, there are still cases where minors who commit crimes do not have parents, but have legal guardians, guardians, and these people are qualified to compensate for damages caused by the minor.
In cases where the diversion measure cannot be applied, the minor commits a crime when he/she falls into the following cases: (1) The minor is the mastermind, organizer, leader, commander; the perpetrator in the case of a crime of a hooligan or professional nature; (2) The minor commits a crime of intentionally causing injury leading to death, using a weapon or dangerous weapon to commit the crime, then delegate Duong Van Phuoc proposed that the diversion measure should not be applied.
The delegate said that minors who have violated the law in recent times are mainly between 16 and 18 years old; these subjects take advantage of cyberspace to form criminal groups, commit organized, reckless, hooligan crimes, and are dangerous to society. If the above-mentioned crimes are not included in the cases where diversion measures are not applied, there will be a risk of increasing criminal gangs against minors, causing insecurity and disorder.
At the same time, according to the delegate's point of view, in the case of a minor who commits the crime of killing a relative such as a parent, paternal grandfather, paternal grandmother, maternal grandfather, maternal grandmother, biological brother or sister, etc., the measure of diversion should not be applied to strictly deal with those who have lost their humanity, killed their own relatives and biological siblings, and seriously violated ethics.
Regarding the conditions of application, the delegate found that the provision that minors must consent in writing to the handling of diversion in Clause 3, Article 40 is not appropriate. Because Clause 3, Article 6 of the draft stipulates that the handling of minors who commit crimes must be based on their criminal acts, personal background, age, maturity level, their ability to perceive the dangerous nature of the crime to society, the cause, conditions causing the crime and the requirements of crime prevention.
The punishment applied to minors is not intended to punish but to educate them to respect and obey the law and the rules of life, to prevent them from committing new crimes, but is strict enough to prevent and fight against crime. Therefore, the application of diversionary measures to minors does not need to depend on their will and desire.
This provision is similar to the provisions of current law on the application of judicial educational measures at reform schools, which do not require the consent of minors or their legal representatives. Therefore, delegate Duong Van Phuoc suggested that this condition should be considered for removal.
Source: https://baoquangnam.vn/de-xuat-khong-ap-dung-hinh-phat-voi-tinh-tiet-xui-giuc-nguoi-duoi-18-tuoi-pham-toi-doi-voi-nguoi-chua-thanh-nien-3143139.html
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