SKILLS OF LAWYERS AND LEGAL CONSULTANTS IN THE LITIGATION PROCESS TO PROTECT MINORS WHO ARE VICTIMS OF LAW VIOLATIONS

SKILLS OF LAWYERS AND LEGAL CONSULTANTS IN THE LITIGATION PROCESS TO PROTECT MINORS WHO ARE VICTIMS OF LAW VIOLATIONS
Recently, in the work of legal support for minors, the most mentioned method of support is "child-friendly legal support". Guideline No. 58 of the United Nations Rules and Guidelines on Access to Legal Support in the Criminal Justice System has defined " Child-friendly legal support is the provision of legal aid to children in criminal, civil and administrative proceedings that is accessible to everyone, age-appropriate, multidisciplinary and effective and meets a range of legal and social needs facing children and adolescents. Child-friendly legal support is provided by lawyers and non-lawyers who are trained in the law relating to children and the development of children and adolescents and who are able to communicate effectively with children and their caregivers" .
With the above definition, it can be seen that lawyers providing legal support for minors who are victims of law violations (NCTNLNN) need to meet the following requirements: Have a level of expertise and extensive knowledge in legal fields, especially laws related to children, so that they can apply them in the process of resolving specific cases; Have a firm grasp of children's rights and the principles commonly applied when handling cases related to children; Have knowledge of the psychology and physiology of this age group. This knowledge helps those providing legal support for NCTNLNN understand and explain the reasons why children easily become victims of many illegal acts. At the same time, having this knowledge will help make meeting and exchanging information more convenient, children will be able to openly share with people who sympathize with them; Have sympathy and understanding to grasp the thoughts, feelings, aspirations, etc. of the children, to stand on their side and protect their rights; Have good working relationships with relevant agencies to facilitate the process of collecting information, verifying and learning details related to the case; Have experience and skills in working with children.
The following are some specific contents and skills when providing legal support to minors who are victims of law violations:
1. Lawyers need to understand and convey to NCTNLNN, their representatives and relatives about the basic rights of NCTNLNN in litigation activities.
In order to advise and protect the rights of minors who are victims of law violations in the best possible way, first of all, lawyers protecting the rights of minors need to understand the rights of minors that have been affirmed by the legal system related to minors, specifically:
(i) The right to respect for human dignity and to be treated with compassion
Victims of minors must be treated with care and sensitivity throughout the justice process, taking into account their individual circumstances and immediate needs, age, gender, disability and maturity. They must be given full respect for their physical, mental and moral well-being.
Each child must be treated as an individual with his or her own needs, wants and feelings.
Interference in the privacy of children should be kept to a minimum while ensuring that the outcome of the judicial process is fair and equitable. To avoid causing further distress to children, lawyers should conduct themselves in a sensitive, friendly and respectful manner when taking statements from children.
(ii) Right to be protected from discrimination
Victims of minors must have access to a justice process that protects them from discrimination on the basis of their ethnicity, sex, language, religion, or social origin, property, disability, and birth or other status of the child, their parents or legal guardians. The proceedings must be sensitive to the child’s age, wishes, knowledge, gender, sexual orientation, ethnicity, culture, religion, language and social background, caste, socio-economic conditions and migration or refugee status, as well as the child’s special needs, including health, abilities and capacities.
In some cases, special services and protection measures may need to be applied based on gender and the different nature of specific crimes against children such as child sexual assault.
 (iii) Right being informed
Victims of child abuse, their parents or guardians and legal representatives must be immediately and fully informed of:
(a) Legal advice and representation or other advisory information.
(b) Procedures related to criminal and civil proceedings.
(c) Support mechanisms for juveniles when participating in court proceedings;
(d) The specific location and time of the hearings as well as the events
(e) Effective protection measures.
(f) The progress and resolution of a particular case and its outcome;
(g) The opportunity to seek redress from the perpetrator through judicial proceedings, through civil proceedings or through other processes.
(iv) Right to effective assistance
Child victims and witnesses, together with family members where appropriate, have the right to access forms of assistance such as financial, legal, counselling, health, social and educational services and psychological rehabilitation services as well as other services necessary for the child's reintegration into the community.
(v) Privacy
This right of the NCTNLNN and the obligation of the lawyer in keeping information confidential, although having one thing in common is that the target is information related to the personal identity of the NCTNLNN and information related to the content of the incident, but the obligation to keep information confidential emphasizes the lawyer's obligation to keep information of the NCTNLNN confidential, and the right to privacy mentioned in this section refers to one of the rights that is respected by the NCTNLNN and the content of this right. Fully understanding the rights of the NCTNLNN, including the right to privacy, will help lawyers more fully understand their responsibilities in the process of providing legal support to the NCTNLNN.
The main contents of privacy include:
- Protecting the privacy of victims of human trafficking must be the top priority of relevant agencies and lawyers.
- Information relating to the participation of NCTNLNN in the judicial process must be protected. This can be done through ensuring confidentiality and limiting the disclosure of information that could lead to the identity of the child being a victim or witness in the judicial process.
- Measures should be taken to protect the juvenile from unnecessary public exposure, for example by requiring members of the public and media to leave the juvenile when testifying in court.
(vi) Right to safety
- When the victim is a minor at risk of insecurity, appropriate measures must be taken to notify the authorities of those insecurity risks and protect the minor from those risks before, during and after the end of the case.
- When the victim is a minor who is threatened, intimidated or harmed, it is necessary to establish the necessary conditions to ensure their safety.
- If possible and necessary, send police or other relevant agencies to protect the victim who is a minor and ensure that information about the whereabouts of the minor is not disclosed.
(vii) The right to be protected from harm when participating in the proceedings of a case
Lawyer It is necessary to be sensitive when supporting victims of juvenile delinquency, in order to be able to:
- Support for victims who are minors, including accompanying them throughout the process of participating in the proceedings.
- Provide as specific and accurate information as possible about the proceedings, including information about how the proceedings will proceed.
- Make every effort to have the trial held as soon as possible unless a postponement is in the best interest of the victim; request the Court to schedule the trial at a time appropriate to the age and maturity of the victim; request the Court to only allow the victim to appear in court when necessary and request the Court to apply other appropriate measures when the victim must appear to give testimony (such as limiting the number of times testimony is taken).
( viii ) Right to remedial measures
- Victims of child trafficking must be provided with remedial measures to ensure their full compensation, reintegration and rehabilitation. Procedures for requesting and implementing remedial measures must be accessible and child-sensitive.
- Remedies may include restitution ordered by the perpetrator through criminal courts, assistance from State programs, and restitution through civil proceedings.
Although the above rights of NCTNLNN have basically been specified in specific provisions of related specialized laws, if the supporting lawyer clearly understands these rights, supporting the NCTNLNN will not only be a pure application of the law but also an understanding and sharing with the children, and this will help make legal support more effective and meaningful.
Points to remember

Basic rights of the disabled in litigation activities: (i) The right to respect for human dignity and to be treated with compassion (ii) Right to be protected from discrimination (iii) Right to information (iv) Right to effective assistance (v) Privacy (vi) Right to safety (vii) The right to be protected from harm when participating in the proceedings of a case (viii) Right to remedial measures

2. Understand the psychology of the NCTN as victims of law violations
We know that human behavior in general and minors in particular are always influenced by the psychological life and characteristics of each individual in their social circumstances.
So what is the psychology of NCTNLNN usually like? And what issues in their psychology should lawyers pay attention to?
According to many studies, the psychology of NCTNLNN is often very complex. They have many reactions contrary to normal reactions when they are the subject of violence, especially sexual abuse. Specifically:
Keep it secret:
Often, victims will be eager to seek help from others. But for most NCTNLNN, they will behave the opposite. Most NCTNLNN will not tell anyone about the problems they are facing.
Minors who are victims of violence, sexual assault or abuse tend to keep their abuse secret for many reasons, including fear of the perpetrator, fear of not being believed, threats or bribes from the perpetrator, fear of punishment or fear that reporting will get them and others in trouble; fear of rejection or anger from parents, especially if the perpetrator is a family member.
Impotent
Compared to adults, juveniles are often in a powerless, disadvantaged position because they are physically smaller, in a dependent position, and are not yet emotionally mature. Since they were young, they were taught to obey adults, especially family members or someone with power, older than them... therefore, juveniles often do not resist, cry, call for help or try to escape. Instead, the common way for juveniles to behave is to try to hide or pretend to sleep. If a minor is continuously abused, they will feel unable to escape this situation.
Accept
NCTNLNN who experience repeated abuse tend to feel trapped in this situation, they feel helpless and they learn to accept the situation in order to survive. There are many different ways they adapt and accept the abuse, from "shutting down" their emotions and acting as if nothing is wrong, running away, self-harming, abusing stimulants, or acting aggressively towards those around them. In addition, they may have behaviors that are contrary to the common sense of most people, for example, maintaining contact with the perpetrator, not objecting to being with the perpetrator, or having conflicting feelings about the perpetrator. While we would expect that the victim would try to avoid contact with the abuser, this is often not the case with the NCTNLNN, especially if the NCTNLNN is dependent on the perpetrator, afraid of the perpetrator, has an emotional attachment to the perpetrator, or is manipulated by the perpetrator into believing that the abuse is normal, a way of expressing “love,” or because they are “special.” Some NCTNLNN begin to blame themselves for what has happened, which manifests itself through certain behaviors. For example, girls often respond by avoiding, self-harming, attempting suicide, running away, or abusing drugs/stimulants. Boys express their feelings of helplessness and anger through violence, fighting, delinquency, and drug/stimulant abuse.
Delay in reporting or only partially reporting
Some NCTNLNN will never disclose abuse, especially sexual abuse. Most of the children in these cases are discovered through the relatives of the victims rather than directly by the children themselves. For those who do report, it is usually only after a very long delay (average 2 years). Adults often assume that a normal, honest NCTTN will immediately report abuse and seek help, but this is often not the case. NCTNLNN will not usually say everything at once, and in the first report, the events may be fragmented, scattered and unconvincing.
Girls face more difficulties reporting violence and seeking help. The culture of silence around violence against women and girls and sexual abuse is another barrier that prevents girls from reporting abuse. In addition, there is pressure from family and society to continue to keep silent; the ideology that prioritizes family or community cohesion over the rights of girls is another cause. In cases where girls want to seek help, but are treated insensitively by the investigating agency, they may decide not to pursue justice.
Deny or change testimony
This is CSAAS syndrome – a syndrome in which children who have been sexually abused become accustomed to and accept this behavior after being abused too many times. This syndrome can explain the child’s behavior.
It is quite common for NCTNLNN to change their testimony, deny that a crime has occurred to them, or refuse to participate in the criminal proceedings after reporting it. Usually, this is not because the initial report is incorrect, but the cause often comes from the following reasons: they may be threatened or enticed by the perpetrator, pressure from family or community, feeling guilty; especially if the perpetrator is a family member, parents often do not trust the words of NCTNLNN; or parents and family members blame NCTNLNN for causing trouble for the family.
Many offenders are very conscious of erasing traces, or threatening and controlling victims and their families, making them fear retaliation. At the same time, an important factor in child sexual abuse cases is seduction. The abuser can control the child, not tell anyone and is often very difficult for the court to fully understand.
Limited information and evidence
The detection and proof of a crime depends largely on the victim's testimony. However, because the victim is a minor, especially in cases where the victim is a child, they are not fully aware, which leads to inconsistent and difficult-to-verify testimony, while these types of cases often leave very few traces, so it is impossible to collect physical evidence. Many cases, when signs of law violations are discovered, have occurred for a long time, so it is very difficult to keep track of and collect evidence (private areas are scarred, semen cannot be collected...); if there is no camera to clearly record images, no witnesses... then there are many obstacles in proving the crime.
From such psychological characteristics of NCTNLNN, what should lawyers do to get the best cooperation from NCTNLNN?
First of all, when working with NCTNLNN, it is important for lawyers to understand that the above reactions are common reactions of NCTNLNN. Behaviors such as keeping secrets, delaying testimony, changing testimony, maintaining contact with the perpetrator are not necessarily signs of deception. Understanding the common reactions of NCTNLNN will help lawyers have a more accurate assessment of the reliability of the evidence and understand what they will need to do to establish a good relationship with NCTNLNN.
In addition, with such a mentality in NCTNLNN, lawyers should also show friendliness and respect towards the children. This will help lawyers more easily access information from NCTNLNN, thereby having the opportunity to correctly assess the nature of the case and have a suitable plan to protect NCTNLNN. Lawyers should not press the reason because this can easily make the children feel that they are also at fault in becoming victims, which can lead to them becoming difficult to open up, afraid and lacking trust in the help of lawyers.
Things to remember:

(i) The reactions of NCTNLNN are in many ways different from those of adult victims. NCTNLNN often conceal and accept; if they report, they may only report part of the truth and often change their statements. (ii) Lawyers should not mistake this for dishonesty on the part of the NCTNLNN. On the contrary, lawyers need to be friendly and show concern and respect for the NCTNLNN to build a friendly relationship with the NCTNLNN, helping the NCTNLNN feel secure and open to sharing their problems with the lawyer.

 
3. Skills to protect personal privacy of NCTN who are victims of law violations:
In fact, regardless of the form of protecting the rights of NCTNLNN: legal aid or as a client through signing a contract to hire a lawyer, NCTNLNN are identified as clients (or also called clients) of the lawyer. This means that in all cases, lawyers must comply with the obligation to protect the confidentiality of their clients as prescribed by law.^[1]
(i) Lawyers' responsibility to keep client’s information confidential
Client information is the news and messages that the client conveys (speaks, writes, exchanges, discloses) to the lawyer during the process of contact and exchange between the lawyer and the client or that the lawyer knows or collects during the process of accepting and resolving the client's case. Client information (in the relationship between the lawyer and the client) is what the client already knows or that the lawyer collects by legal means during the process of resolving the case. It can be the personal information of the NCTNLNN, information related to the family situation of the NCTNLNN, the circumstances that led to the NCTNLNN becoming a victim and especially information related to the process of their treatment by lawbreakers...etc. Keeping client information confidential is one of the unique features of the legal profession. It is not only a practical requirement, natural and inevitable in the professional relationship between lawyers and clients, but also a code of ethics and professional conduct of lawyers.
(ii) Main content of the principle of keeping client’s information confidential of lawyers
The principle of keeping client information confidential by lawyers includes the following main contents:
First: lawyers are not allowed to disclose information about cases, matters, or clients that they learn while practicing [4]
Second: For entities other than lawyers and clients, lawyers must limit the possibility of client information being disclosed or violated. For lawyers practicing together in a law practice organization (law office or law firm), not only the lawyer who receives and handles the client's case must keep the client's information confidential, but other lawyers in the same law practice organization must also keep the client's information confidential.
Lawyers are responsible for keeping client information confidential while the case is being handled until after the case has ended.
Keeping the confidentiality of clients who are NCTNLNN is especially important because of the special nature of the subject that the lawyer is supporting. Because NCTNLNN are not yet fully mature in terms of psychology and cognition, they are especially vulnerable. Sensitive information related to NCTNLNN, if not respected and kept confidential, can seriously affect their lives and normal development, and can even lead to very unfortunate consequences.
Currently, there are still some different views on information security. Therefore, when providing legal support to NCTNLNN, lawyers should pay attention to the following contents:
(i) Lawyers should limit their behavior that can easily lead to disputes about the legality of their actions in providing information, based on the meaning of information confidentiality for NCTNLNN as stated above.
(ii) Lawyers should discuss and agree with the NCTNLNN, especially their legal representatives, on the working principles between the parties (lawyer, NCTNLNN, family of NCTNLNN) in providing and keeping information confidential. For example, how the parties will transfer information to each other, the forms of information transfer, who is responsible for the information provided to the lawyer, etc.
(iii) Particularly emphasize the obligation of lawyers to keep information confidential so that NCTNLNN and their families can feel secure and ready to share information with lawyers.
(iv) Advise NCTNLNN and their families on how to communicate and share information with the media (if any).
(v) Explain the cases in which lawyers will be responsible for providing information to competent authorities as prescribed by law.
Things to remember :

(i) Lawyers have the obligation to keep confidential client information that they learn in the process of protecting the client's legal rights. (ii) Agree with the client on the methods of communication, information exchange as well as the client's contact point in exchanging information with the lawyer. (iii) Agree with the client on cases where the lawyer is required to provide information to the client as prescribed by law. (iv) Support and guide NCTNLNN and their representatives on how to communicate and share information with the media

 
4. Skills in working with legal representatives of minors who are victims of law violations .
During the process of communicating and discussing with the legal representative of the victim, the lawyer needs to pay attention to the following issues:
(i) In addition to providing care and treatment, it is necessary to regularly encourage the victim's family (especially before and after taking statements, confronting, going for an assessment, etc.).
(ii) Note that the family must monitor the psychological development, encourage the victim, and even proactively help the victim access psychological therapy services. The family needs to understand the specific psychological characteristics of the victim such as: being able to recklessly approach the offender or their family to take revenge; isolating themselves, avoiding people around them and falling into a state of depression...
(iii) Lawyers should not immediately answer questions from the victim's family representative about the crime, criminal responsibility, and preventive measures applied to juvenile offenders due to insufficient information. Given the victim's family's eagerness, they should encourage them to be confident and persistent in pursuing justice and participating in the proceedings. First of all, lawyers should instruct them on the procedure for resolving a criminal case, the rights of the victim and the victim's representative, and what the representative can and should do for their children.
(iv) When discussing with the victim's family representative, the lawyer should advise them to keep documents, invoices, receipts, and receipts regarding treatment and burial as a basis for claiming compensation for damages. If acceptable, they should behave reasonably, emotionally, and culturally with the offender, opening up opportunities for reconciliation, giving the offender the opportunity to be compensated for damages, and correcting the mistakes they have made.
(v) If the victim is a victim of a violent or sexual crime, the lawyer notes that the family can contact the school or the neighborhood group to persuade people around them not to gossip or comment on the victim's abuse, to avoid causing other mental trauma to the victim, and to request the school to create conditions for the victim to retake or make up for the time off for treatment and psychological recovery. If the victim and their family regularly receive threatening or controlling letters, messages, or phone calls, the family should be instructed to record and back up the audio to promptly propose to the prosecution agency to apply appropriate protection measures.
In cases of violation of life, committed with intentional fault such as murder cases, ... when the victim has died, the victims who invite lawyers are often relatives, representatives of the victim. At the time the case has just occurred, the pain of losing a loved one has not yet subsided, they carry within them a high level of indignation, even hatred for the criminal, the person who took the life of their loved one. Stemming from such a psychological state, the representatives of the victims in murder cases often want the law to deal strictly with the criminal. Some people, because of being so indignant, even ask lawyers to request competent authorities to sentence the criminal to "death" to "pay for the lives" of their loved ones. Therefore, lawyers need to know how to listen, share the pain and damage that the victim has suffered, from there, have words of advice, advice, encouragement that are emotional, reasonable, and in accordance with the law.
In addition, lawyers also need to be mentally prepared to handle situations where the victim's family representative is initially very urgent and earnestly requests the lawyer to protect their children's rights by all means, wanting the lawbreaker to be severely punished, but then changes, even filing a petition to drop the complaint for the violator or rejecting the lawyer because of the influence of the violator...etc.
Things to remember:

(i) Instruct and discuss with representatives of the NCTNLNN on caring for the NCTNLNN, especially caring for the psychology of the NCTNLNN to provide timely care, encouragement and support for the NCTNLNN. (ii) Instruct the representative of the NCTNLNN to keep the bases and documents serving the case. Do not promise results according to the expectations of the representative of the NCTNLNN. (iii) Have a plan in place in case the representative of the NCTNLNN changes their request.

 
5. Skills in questioning juveniles who are victims of law violations
In order to effectively provide judicial support to minors who are victims of law violations, questioning to obtain statements from victims is extremely important, because the information provided by victims is one of the bases to have additional necessary conditions to protect them, to be able to find their families, to arrest and prosecute criminals and to monitor the entire process of Rescue - Rehabilitation - Repatriation - Integration of children after falling into situations of exploitation or abuse, exploitation or trafficking.
However, taking statements from NCTNLNN is also extremely challenging and requires caution.
In practice, there are many factors that make the task of taking statements from NCTNLNN difficult. Normally, information must be collected as quickly as possible after a violation of the law, but this is the time when NCTNLNN is unlikely to provide information. The ability of NCTNLNN to provide complete and accurate information is influenced by their physical and mental condition and issues that cause them to lose confidence, fear or remain silent. Therefore, in some cases, the information collected is incomplete or erroneous, and in other cases, the use of inappropriate questioning techniques can have a negative impact on the status and rights of NCTNLNN.
In taking statements from victims of juvenile offenders, lawyers should pay attention to a number of guiding principles when asking questions to juvenile offenders during the investigation and trial process.
First of all, regardless of the form and stage of the question, it should be determined that all issues are aimed at protecting the best interests of the NCTNLNN , so questions should follow the following guidelines:
(i) Taking a statement is not interrogation. The purpose of taking a statement is to assist the child in disclosing information and contributing to the investigation and prosecution of the criminal.
(ii) Never pressure children to provide information.
(iii) Always adapt the language of the deposition to the child’s age. Talking to children in a legal setting is a difficult skill to master and understanding how children communicate requires an understanding of their cognitive development. While the points listed here are important, research has shown that judicial professionals will not be able to improve their communication skills with children unless they address the broader issue, for example why children do not understand certain types of questions. Due consideration should be given to the child’s gender during the deposition.
(iv) Interpreters must be used in all cases where children are foreigners, ethnic minorities and may be victims of cross-border trafficking.
(v) The person taking the statement must be honest with the child and must never make false promises to the child.
Based on that, the questioning can be done as follows: In general, in the process of taking statements in the investigation and trial stages. In which, closed questions and open questions are the types of questions that are widely applied. There are many types of questions used in the investigation and trial process.
Closed questions are questions that offer fixed options or can be answered with a “yes” or “no”. (Were you in the bedroom? Did he/she hurt you?)
Leading questions are questions that contain information that suggests an answer. (That coat is black, isn't it? He/She gave you five dollars, didn't she?)
However, because the child is particularly susceptible to suggestion, tends to want to please the person taking the testimony and is easily compromised. Therefore, to obtain authentic information, lawyers should only use closed questions and leading questions after careful consideration and should not try to lead the child to answer in a specific direction.
- Ask short and simple questions. Always use simple language that takes into account the child's age, maturity and intellectual development.
- Avoid asking ambiguous questions
- Use the active voice to ask children (What did he/she do?) instead of using the passive voice (What did he/she do?).
- Don't ask for too much information at once; ask one question at a time.
- Avoid asking “Why” questions because it seems interrogative and can make children feel guilty or ashamed and can make them feel responsible for allowing themselves to become victims of some kind of violation of the law.
- Never ask a child to act out or reenact what happened to them, whether it is the person taking the statement or anyone present during the statement taking.
All such exchanges must be carried out with the child in mind and in an appropriate environment, taking into account the child's special needs in terms of his or her ability, age, level of intellectual maturity and level of development. These activities must also be carried out in a language that the child can use and understand.
In practice, in many places, when approaching and taking statements from juveniles, especially children, in many places, the law or the people conducting the proceedings have used the method of using toys to support taking statements. Toys that are pleasant and comfortable (allowed for use in court by most courts in the world) must be different from anatomical toys - that is, legal instruments. Training is needed before using these toys.
However. Lawyer Right Consider carefully the pros and cons of using toys during the deposition/trial as while they may be distracting, they may also make the child feel better and more cooperative. Do not use toys or other simulations to reenact the incident unless the lawyer has been trained to use this method. Even when trained staff are involved, this is a controversial technique. Give the child a toy if it is comforting but do not infer what the child does with the toy.
However, the method of using toys in Vietnam is still limited, so in some suitable cases (for example, crimes of sexual abuse), lawyers can use an alternative method: let the child draw and if the child is too young, can use a non-detailed "human body shape" model for the child to draw more.
Things to remember:

(i) Purpose of asking questions: to best protect the interests of NCTNLNN. (ii) Principles when asking questions: - Do not pressure NCTNLNN to obtain information. - Do not make false promises to NCTNLNN. (iii) Questioning techniques: - Ask short, simple questions, - Do not ask ambiguous questions, - Do not ask interrogative questions, - Don't ask too many questions in one question. - Use the active voice to ask questions. - Use leading questions. - Use easy-to-understand language and may use other aids.

 
6. Some issues to consider when protecting NCTNLNN in a criminal case
Basically, when consulting and protecting the rights of NCTNLNN, lawyers will apply the same skills as when handling a normal case, but because the subject The defense is NCTNLNN so the lawyer needs to have some additional knowledge and specific skills.
6.1. Issues to be done in the pre-trial stage:
Vi1. Issues to be addressed at the pre-trial stage clarify the trial process and

• Reduce fear and anxiety associated with witnessing through stress reduction

Reduce fear and anxiety associated with witnessing[2]

• assess the child's needs in relation to his or her appearance in court;
• help children understand the court process, their role and that of other participants;
• Take the child to visit the courthouse before the trial (or use photographs or diagrams of the courthouses if visits are difficult);
• equip children with stress reduction and anxiety management techniques;
• engage parents/caregivers;
• communicating information (including the child's wishes) to those with a role in the justice process, from child protection officers to court officials;
• inform the child and their parents/carers of the steps of the judicial process and ensure appropriate arrangements are made, such as day transport;
• accompany the child on the day the child gives testimony; and
• debrief with child witnesses and parents/carers at the end of the hearing.

The preparation process is intended to provide the child, whether a victim or a perpetrator, with basic information about the trial process and the parties involved. More specifically, it provides information about legal terminology, personnel, and procedures. The following types of information are typically included in the preparation process:

• why do people go to court
• the role of children in this process
• Who are the people in the courtroom and what are their roles?
• what happens in court
• what is an oath
• how to deal with cross-examination
• information about what to expect in court, e.g. delays, objections, etc.

 
This information must be provided in a developmentally appropriate manner. Many countries have children's books and videos or realistic pre-trial preparation programs that children can attend.
To ensure that child witnesses know their role in court, the representative should:

• Explain that you should not answer questions you do not understand.
• help children decide how to express their lack of understanding
• equip them with skills on how to answer questions they don't understand
• Explain the negative consequences of answering questions they do not understand.
• Practice these strategies with your child - ask complex questions and invite them to answer.
• explain that guessing is dangerous

Children need to be provided with information for the following questions:

• Do you know why you have to go to court?
• Why is it important to tell the truth in court?
• What happens if a person lies in court?
• What does promise in court mean?
• Who is in charge of the courtroom?
• What is the job of a judge in the courtroom?

At the same time, it is important that children know exactly what is expected of them as a witness. This includes:

• Children must be on their best behavior.
• Children must listen carefully to each question.
• Children must speak loudly and clearly.
• Children must tell the truth and only say what they remember.
• Children should say “I can't remember” if they have forgotten something.
• Children should say “I don't know” when they don't know the answer.
• Children should say “I don't understand” if they don't understand the question.
• Children should never guess the answer to a question.

When preparing a child for trial, it is important to address any fears that a child witness may have. The following questions can be used to elicit this information:

• Is there anything about going to court that worries you?
• Is there anyone you are nervous about meeting in court? Who is it?
• Are you worried about getting into trouble in court?
• Are you worried that anyone might hurt you or your family?
• Are you worried about the questions?

The testimony process can be overwhelming and advocates should provide children with ways to cope with this. Possible strategies might include:

• Do not look at the defendant if it makes you nervous.
• look at the judge or prosecutor
• take a deep breath

Don't rush - listen carefully and take your time to respond.
SPECIFIC WORK A LAWYER NEEDS TO PREPARE

1. Determine the application of law: Consider whether this case can be prosecuted under the provisions of Vietnamese law.

b. Accurately determine the age of the victim; and the suspect, defendant (in case the person being prosecuted, prosecuted is a minor) based on the documents collected by the competent authority to ensure accuracy in the prosecution and trial.
For NCTNLNN, determining their exact age will be an important basis to assess whether the application of charges to the suspect or defendant is correct or not. If necessary, the lawyer can request an assessment of the victim's age; the level of physical and mental damage to the victim caused by the crime...
Determining the age of the accused or victim under 18 years of age is carried out according to the following principles:^[3]
(i) The determination of the age of the accused or the victim who is under 18 years old shall be carried out by the competent prosecution authority in accordance with the provisions of law.
(ii) In case legal measures have been applied but the exact date of birth cannot be determined, the date, month and year of birth shall be determined:
(iii) In case the month can be determined but the day cannot be determined, the last day of that month shall be taken as the date of birth.
(iv) In case the quarter can be determined but the day and month cannot be determined, the last day of the last month of that quarter shall be taken as the date and month of birth.
(v) In case half of the year can be determined but the day and month cannot be determined, the last day of the last month of that half of the year shall be taken as the date and month of birth.
(vi) In case the year can be determined but the day and month cannot be determined, the last day of the last month of that year shall be taken as the date and month of birth.
(vii) In case the year of birth cannot be determined, an appraisal must be conducted to determine age.
c. Ensure that necessary information about the litigation process is provided to NCTBLNN as well as to their parents, guardians, and legal representatives so that they understand and grasp their rights and obligations when participating in the litigation.
In particular, they are instructed to file a request to initiate criminal proceedings in cases where the law stipulates that a case be initiated at the request of the victim.
Instructions on collecting and presenting evidence and documents to protect their rights.
d. Find out the level of physical and mental development, level of awareness of the behavior of NCTNLNN, living and educational conditions and the causes, conditions and circumstances leading to their abuse.
          e. Assess the legality of the minutes of the testimony of the minor that the competent authority has conducted to ensure compliance with the provisions of law; review the way the prosecution agency asks questions to ensure that the questions are within a reasonable range for the age and level of development of the minor and are objective.
Because the victim is a minor, there are limitations in terms of perception and understanding, the discovery of the abuse or torture often occurs after a long time, unintentionally erasing traces and evidence. In order for the victim to be calm and mentally stable when reporting to the authorities, Clause 2, Article 421 of the Criminal Procedure Code stipulates: Taking statements from victims under 18 years of age who have been abused by criminals must have a representative or a person protecting their legal rights and interests in attendance, specifically: (i) When taking statements from victims, witnesses, ... who are under 18 years of age, the competent authority conducting the proceedings must notify in advance the time and place of taking statements to the representative, the person protecting their legal rights and interests . (ii) Taking statements from victims and witnesses must have a representative or a person protecting their legal rights and interests in attendance.
(iii) The time for taking statements from people under 18 years of age shall not exceed two times in one day and each time shall not exceed two hours, except in cases where the case has many complicated circumstances.
(iv) The competent person conducting the proceedings shall only conduct a confrontation between the victim who is under 18 years of age and the suspect or defendant to clarify the details of the case in cases where the case cannot be resolved without confrontation.
In addition, studies have also found that the language used by judges and prosecutors often exceeds the understanding of minors. When minors are questioned in the same way as adults, misunderstandings or unnecessary mistakes can occur, reducing the reliability of the victim's testimony. Therefore, lawyers need to consider the way the prosecution asks questions to ensure that the questions are within a reasonable range for the age and development level of the minor and ensure objectivity.
g. If necessary, before conducting the trial, the Court is requested to review and consider the circumstances related to the case to decide whether to conduct a closed trial or not to protect the privacy, honor and dignity of the NCTNLNN and reduce their fear.
h. Study the provisions of the Penal Code on the crime of assault, the procedural steps in protecting the rights and legitimate interests of victims under 18 years of age:
+ Rights and obligations of the person protecting the legitimate rights and interests of the victim (Article 84 of the 2015 Criminal Procedure Code).
+ Measures to protect children during litigation, handling of administrative violations, rehabilitation and reintegration into the community (Chapter IV, Section 4, Law on Children 2016).
+ Clause 1, Article 22, Article 27, Article 31 of the Law on Lawyers.
+ Provisions on victims in Article 62 of the 2015 Criminal Procedure Code.
i. Collect additional relevant documents and evidence to provide to the investigation agency, contributing to clarifying the case and protecting the legitimate rights and interests of the victim.
k. Participate in investigative activities such as investigative experiments, crime scene examination, exhumation, search of residences, locations, confrontations, identification, etc. to monitor the activities of those conducting and participating in the proceedings, and at the same time collect necessary information and documents.
l. In addition, when necessary, lawyers have the right to propose related issues before prosecution as well as during the investigation process...
m. To prepare for the trial, the lawyer needs to prepare a list including:
- The law applicable to the issues raised in the case.
- Documents and evidence collected from case file research:
+ Documents recorded when the Lawyer met the victim;
+ Testimonies accusing the defendant of witnesses and victims;
+ Documents identifying evidence of the case;
+ Documents on injuries and assessments;
+ Documents proving the claim for damages such as vouchers, invoices, receipts...
+ The documents the Lawyer collected from contacting the victims' family members... of the children.
- Consider the issue of the crime applied in the case.
- The elements of the crime must be proven against the offender(s) in case the lawyer finds that the prosecution of the accused is not correct.
- Learn the defense arguments that the defendant's defense attorney can use to prepare counterarguments and evidence to best protect the victim.
- Study and emphasize other contents of the case such as issues of complicity, recidivism, aggravating circumstances... to have a convincing basis in proposing punishment for the defendant to ensure fairness for the victim.
- Issues related to civil compensation (if any): Lawyers need to base on the provisions of civil law in Chapter XX of the 2015 Civil Code on liability for compensation for damages to help victims under 18 years old and their relatives gather documents and evidence to determine the extent of damage to request compensation for health, honor, reputation, dignity such as costs for treatment, care, health recovery, lost or reduced functions of the victim; reasonable costs, lost or reduced income... of the victim, the victim's caregiver; compensation levels...
6.2. Things to do when attending court:
a. It is proposed that the Court can rearrange objects and the positions of the litigants and participants in the courtroom to reduce the feeling of tension and fear for the victim who is under 18 years old.
b. Concerns about whether the composition of the trial panel as well as other participants in the proceedings are guaranteed according to the provisions of law when trying cases involving the elderly.
c. Ensure the presence of parents, guardians, and legal representatives of the NCTNLNN so that they can support and encourage the victim throughout the proceedings at Court.
d. Recommend to the Court to ensure that victims of abuse who are under 18 years of age, especially those under 16 years of age, receive appropriate medical, health and psychological professional assistance when they need it.
d. Lawyers should take advantage of all the time allowed in court to interact with the NCTNLNN in a friendly and gentle manner. When asking questions or other exchanges, they should use language appropriate to their age, gender, cognitive ability, and maturity level. Questions asked in court should be simple and clear to help the NCTNLNN and their family representatives understand and answer the questions correctly.
In case the NCTNLNN appears too scared, cannot answer the question or loses their composure and cannot explain, encourage them to calm down and move on to questioning someone else...
e. Timely propose to the Court the application of appropriate measures at the trial to:
- Minimize the time for NCTNLNN to appear publicly at the trial as well as minimize the confrontation between the victim who is under 18 years old and the suspect or defendant so as not to harm their psychology and spirit.
- Only conduct confrontation when it is deemed necessary to clarify the details of the case, without which the case cannot be resolved.
g. During the debate at Court, the lawyer needs to promptly give his/her opinion to the Trial Panel to ensure that the debate and response between the NCTNLNN and other participants in the proceedings are appropriate. This helps the NCTNLNN avoid difficult pressures when they exercise their right to respond. If necessary, the lawyer can proactively request the Trial Panel to consider allowing the NCTNLNN to not participate in the response.
- If there are any contradictions in the investigation conclusion or contradictions in the testimony that lead to damage to the victim under 18 years old, the Procuracy is requested to clarify the causality and the extent of damage caused by the crime.
- When there is reason to believe that the defendant committed a more serious crime, the damage caused by the defendant's crime is greater, the Court is requested to return the case file for further investigation.
6.3. Matters to be done after the end of the trial
After the trial, the lawyer needs to advise the NCTNLNN and their legal representative on a number of issues:
a. The meaning of the penalty for the defendant, the Court's decisions on civil compensation (if any). This will help the NCTNLNN and their representatives understand correctly and fully the issues that the Court has decided.
b. Consider whether or not to appeal. If there is an appeal, help them carry out issues related to the appeal procedure according to the provisions of law and continue to help them during the appeal stage.