SKILLS OF PROSECUTORS IN THE TRIAL PHASE TO ENSURE THE HUMAN RIGHTS OF WOMEN AND JUVENILES IN CRIMINAL CASES

1. Back ground
          Protection of human rights and civil rights has been affirmed by the 2013 Constitution in Clause 1, Article 14 as follows: " In the Socialist Republic of Vietnam, human rights, political and civil rights economic, cultural, and social affairs are recognized, respected, protected, and guaranteed according to the Constitution and laws ; Human rights and civil rights can only be limited according to the provisions of law in cases of necessity for reasons of national defense, national security, social order and safety, social ethics, and the health of people. community "understands the ideology of the 2013 Constitution, the 2015 Criminal Procedure Code has concretized into regulations, requirements and principles (including 27 principles specified in Chapter 2) for the resolution of cases. Criminal.
          “ When conducting proceedings, within the scope of their duties and powers, agencies and persons competent to conduct proceedings must respect and protect human rights, legitimate rights and interests of individuals; Regularly check the legality and necessity of applied measures, promptly cancel or change those measures if deemed to violate the law or are no longer necessary" (Article 8 of the Criminal Procedure Code) here is an important constitutional principle in Vietnam's criminal procedure. Accordingly, when resolving criminal cases, we must also comply with the principles specified in the Criminal Procedure Code, such as: Ensuring equality before the law (Article 9); Ensuring physical inviolability (Article 10); Protect the life, health, honor, dignity, and property of individuals; honor, reputation, and assets of the legal entity (Article 11); Principle of presumption of innocence (Article 13); No one should be convicted twice for the same crime; determine the truth of the case (Article 15); Ensuring the accused person's right to defense (Article 16); Responsibility to exercise the right to prosecute and supervise compliance with the law in criminal proceedings (Article 20); Litigation during trial is guaranteed (Article 26); The first instance and appeal trial regime is guaranteed. (Article 27).
          In order to ensure the human rights of female offenders and minors in criminal cases, the Criminal Procedure Code also specifically stipulates in a number of articles, for example: Clause 4, Article 119. temporary detention for pregnant women or raising children under 36 months of age. Along with that, the Criminal Procedure Code also dedicates an entire chapter, Chapter XXVIII, on legal proceedings against people under 18 years of age. In particular, Article 414 of the Criminal Procedure Code stipulates 07 principles when resolving criminal cases involving people under 18 years old participating in the proceedings. That is: Ensuring friendly proceedings, suitable to the psychology, age, maturity level, and cognitive ability of people under 18 years old; ensure the legal rights and interests of people under 18 years of age; ensure the best interests of people under 18 years of age; Ensuring personal confidentiality of people under 18 years old; Ensure the right to participate in proceedings of representatives of people under 18 years old, schools, Youth Unions, people with experience and understanding of psychology, society, and other organizations where people under 18 years old study or work. movement and activities ; Respect the right to participate and present opinions of people under 18 years old; Ensure the right to defense and the right to legal aid for people under 18 years old; Ensuring the Penal Code's principles of handling crimes against people under 18 years of age; Ensuring quick and timely resolution of cases involving people under 18 years of age.
          In order to have synchronization and consistency with the principles stipulated in the Criminal Procedure Code, ensuring human rights for offenders in general, female offenders and juveniles in particular is also stipulated in the Criminal Procedure Code. 2015, amended and supplemented in 2017. Accordingly, in order to ensure the human rights of female offenders and minors in criminal cases, it is also stipulated in a number of articles of the Penal Code such as: Article 40, 51, 66, 67, 68, etc., especially for juvenile offenders, the Penal Code also has a separate chapter, namely Chapter XII, regulations for offenders under 18 years old, which represents the policy leniency and humanitarian policies of our Party and State towards children.
          According to the provisions of Article 107 of the 2013 Constitution, the Procuracy is the agency that exercises the power to prosecute and supervise judicial activities, with the following tasks: "Protecting the law, protecting human rights and citizens' rights." , protecting the socialist regime, protecting the interests of the State, the legitimate rights and interests of organizations and individuals, contributing to ensuring that the law is strictly and consistently observed .   To carry out the function of judicial enforcement and supervision of judicial activities recognized in the 2013 Constitution, the 2014 Law on Organization of the People's Procuracy and the 2015 Criminal Procedure Code, within the scope of this article, the person The article mentions " Procurators' skills in the trial stage to ensure the human rights of female offenders and juveniles in criminal cases" at two levels of trial, that is, first instance trial and appellate trial.
          2. Skills of prosecutors in the first instance trial of criminal cases to ensure human rights of female offenders and juveniles
          2.1. Activities of prosecutors preparing to participate in criminal first instance trials
          2.1.1. Research case files
          Researching criminal case files is researching the legality and validity of documents and evidence contained in case files collected by the Investigation Agency (CQDT) and the Procuracy (Procuracy). during the investigation and prosecution phase. Researching criminal case files involving female offenders and juvenile offenders is basically the same as in other criminal cases.
          Regarding methods of researching criminal case files , In practice, there are many methods of researching criminal case records. Researching case files depends on the ability, capacity, and practical experience of each examiner. However , each method of profile research has advantages and disadvantages. To firmly grasp the content of criminal case files before attending the first instance trial , prosecutors can use one of the following methods of researching case files :
           Method 1: Research Procedural proceedings : If To research using this method, the prosecutor must start researching from the decision to prosecute criminal cases, the decisions to prosecute the accused, the procedural decisions to the investigation conclusion, and the documents collected by the investigator. at the Execution stage in the prosecution stage up to the Indictment.
          If the prosecutor studies the case file using this method, it will ensure that the prosecutor has an objective attitude to research the case and is not influenced by the views of the investigation agency and the Procuracy. Researching records using this method can research all documents in the records, not omitting any documents, limiting injustice, errors and omissions of criminals. But research using this method has limitations in that it takes investigators a lot of time to fully grasp the content and nature of the case, because research using this method does not take advantage of the research results. has been enumerated, investigated by the Investigating Authority and inspected assigned to conduct investigation and investigation of the case, the Procuracy summarized it when issuing the Investigation Conclusion to end the investigation of the case and the Procuracy prepared an Indictment to prosecute the defendant before the People's Court at the same level for the crime that was prosecuted. .
          Method 2: Research not following the procedural order : If researching case files using this method, the prosecutor must start researching from the Indictment, the Investigation Conclusion, then other documents and evidence contained in the report. Case files in reverse chronological order to check the authenticity, groundedness and correctness of the Investigation Conclusion and Indictment. The advantage of this method is that the Procuracy saves time and takes advantage of the results of general research and evaluation of the Investigator, Investigation Agency and of the Procuracy and Procuracy when issuing the Investigation Conclusion and the Indictment. If the examiner studies using this method, the disadvantage is that the examiner may be influenced and influenced by the views of the investigator, the investigation agency, the examiner, the procuracy when summarizing and issuing the investigation conclusion, and the procuracy when preparing the report. Indictment against the defendants in the case. On the other hand, if research is carried out using this method, if the enumerator assigned to investigate the case and the investigator assigned to investigate the case, the investigator may miss documents, evidence or make mistakes, the investigator will Researching case files to participate in trial can also have errors such as investigators and prosecutors studying previous case files.
          Method 3: Combine both methods.
          Depending on the simplicity or complexity of each case and the ability of each investigator to choose appropriate research methods. However, each research method has its advantages and disadvantages, so no matter what method the researcher uses, it must ensure objectivity, comprehensiveness and completeness.     
          * However, when studying case files during the first instance trial of criminal cases to ensure the human rights of female offenders and minors, it is necessary to pay attention to the following contents:
          - Research and check whether the prosecution, investigation, and prosecution are consistent with the nature and level of the offense and the crime prescribed by the Penal Code for female offenders and minors in criminal cases. .
          - Carefully check the child's birth certificate to determine the exact age of the child committing the crime according to the provisions of Article 9 (Classification of crimes); Article 12 (Age of criminal liability); Clause 3, Article 14 (Preparing to commit a crime) Penal Code 2015. When criminal enforcement and procuracy are at this stage, if the prosecutor detects a violation of one of the above mentioned issues, the prosecutor must promptly report to the leader of the Procuracy at the level yourself, to request the Court to cancel or change the bond against minors who commit crimes.
          - Carefully research issues related to criminal records for women and minors who commit crimes according to the provisions of Article 70 and Article 71 of the 2015 Penal Code to determine recidivism or dangerous recidivism.
          - Consider civil liability in criminal cases: Do not apply additional penalties to minors
          - Sentences imposed on people under 16 years of age who commit crimes are not counted to determine recidivism or dangerous recidivism.
          - Carefully research issues related to criminal records: Because according to regulations, criminal records are not counted for minors from 14 years old to under 16 years old; distinguish between administrative sanctions and administrative handling measures; Other judicial measures are decided by competent authorities.
          - The prosecutor carefully studies documents related to the defendant's identity to propose a decision on the level of punishment that should be imposed on the defendant. The identity of the suspect is shown through the suspect's background such as: criminal record, criminal record, achievements in study, work, and labor. etc. Before they commit a crime, they must have documents to prove it. If the case file does not have these documents or there are no documents confirming the verification results of the investigation agency, the prosecutor needs to request the enumerator and investigation agency to collect additional information.
          For cases where the person participating in the proceedings is a minor , when studying the case file, the prosecutor must also check to see if there is enough basis to determine the age of the minor as the defendant in the case? In cases where there is doubt about the age of the suspect who is under 18 years old, documents related to age determination such as birth certificates or documents must be checked to accurately determine age. their age, if there are conflicts in the documents to determine their age, additional investigation must be required to clarify, or if the year of birth cannot be determined, is there an appraisal to determine their age? Is the determination of the age of the accused being an minor participating in the proceedings in accordance with the provisions of Article 417 of the Criminal Procedure Code .
          - Research to clarify a number of issues on penalty exemption and criminal liability exemption, apply supervision and education measures in cases of criminal liability exemption.
          * Supervision and education measures are not punishments, accordingly, these measures are specifically applied as follows: Reprimand is applied to people under 18 years of age who commit crimes in the following cases . From 16 years old to under 18 years old, committing a less serious crime for the first time; People under 18 years old are accomplices with an insignificant role in the case . Applying this measure is to help them clearly understand the crime and its consequences for the community, society and their obligations (Article 93 of the Penal Code).
          Community mediation is applied to people under 18 years old who commit crimes in the following cases: People from 16 years old to under 18 years old commit less serious crimes or serious crimes; People from 14 years old to under 16 years old commit very serious crimes specified in Point b, Clause 2, Article 91 of the Criminal Code. (Article 94 of the Penal Code)
          can be applied to people under 18 years old who commit crimes in the following cases: People from 16 years old to under 18 years old commit less serious crimes. serious or serious crimes specified in Point a, Clause 2, Article 91 of the Penal Code ; People from 14 years old to under 16 years old commit very serious crimes specified in Point b, Clause 2, Article 91 of the Penal Code (Article 95 of the Penal Code).
          This is one of the typical and specific provisions in the Penal Code . When the enforcement agencies consider it unnecessary to apply criminal liability, these measures are only applied to juvenile offenders. Thereby promoting benevolence in the way of handling juvenile offenders as stipulated in Articles 427, 428, 429 of the Criminal Procedure Code.
          2.1.2. Supervise the Court's trial preparation
          To ensure the human rights of female offenders and minors in criminal cases, especially in cases of temporary detention, prosecutors need to well supervise the following contents:
          Pursuant to the provisions of Article 277 of the Criminal Procedure Code and Circular No. 02/2017/TTLT-VKSNDTC-TANDTC-BCA-BQP dated December 22, 2017 "Regulations on coordination between agencies conducting proceedings in implementing a number of provisions of the Criminal Procedure Code on returning documents for additional investigation", the Inspector needs to Monitor the time limit for the Court to issue one of the following decisions : Bring the case to trial; Return documents to request additional investigation; Temporarily suspend the case or suspend the case .
The prosecutor supervises the time limit for opening the trial in accordance with the provisions of Clause 3, Article 277 of the Criminal Procedure Code after receiving the Court's decision to bring the case to trial. In case the Court extends the trial preparation time limit, the prosecutor must inspect the basis, authority, and duration of the extension decision; Supervise the notification to the Procuracy at the same level according to Clause 1, Article 277 of the Criminal Procedure Code. In case of detecting a violation, discuss and request the presiding judge to correct it; In cases where discussions and requests have been made but the presiding judge does not remedy them, the Procuracy will summarize the violations and prepare a written petition to submit to the Institute's leadership and submit to the Court to request an end to the violations.
2.1.3. Supervise the content of the decision to bring the case to trial
Procurators are good at procuring the following contents so that the Court must comply with the provisions of the law, thereby ensuring the human rights of female offenders and juveniles in criminal cases. .
When receiving a decision to bring a case to trial for female offenders and minors in criminal cases , the prosecutor must check the authority to make the decision to bring the case to trial according to the provisions of Clause 1, Article 277. CrPC; The content of the decision must comply with the provisions of Clause 1, Article 255 of the Criminal Procedure Code to ensure the following contents : The trial is organized in an appropriate complex format. When it is deemed that the case is subject to a closed trial according to Article 25 of the Criminal Procedure Code and the Court conducts a public trial, the Procuracy requests the Court to replace it with a closed trial ; The defendant's full name, date of birth, place of birth, occupation and place of residence must be accurate and free of errors ; The excerpt of the crime and points, clauses, and articles of the Penal Code that the Procuracy prosecutes against the defendant must be accurate and consistent with the indictment. Most importantly, the Trial Panel (Trial Panel) must have a sufficient number and composition in accordance with the provisions of Article 254 and Article 415 of the Criminal Procedure Code ; The composition of the people summoned by the Court to the trial is complete and accurate .
When detecting any shortcomings, the prosecutor will discuss with the presiding judge to correct them. In case the Judge presiding over the trial does not fix the problem, he or she must report it to the leadership of the Audit Committee to propose and request the Court to fix the problem.
2.1.4. Supervise the application, change, and cancellation of preventive measures and enforcement measures
          The consideration of the Court's actions to apply, change, or cancel the law enforcement or coercive measures in the preparation phase for the trial of women and minors who commit crimes is to ensure human rights for these people.
          Therefore, according to the provisions of Clause 4, Article 119, that is: For suspects and defendants who are pregnant women or raising children under 36 months of age and have a clear place of residence and background, they shall not be detained but apply other measures, except in certain cases; The 2015 Law on Enforcement of Temporary Detention and Detention stipulates separate regimes for women held in custody or temporary detention. Specifically: based on the nature and severity of the crime, age, gender, health; ensure gender equality, legitimate rights and interests of women (Article 4); not be subject to shackles (Article 23); Women are entitled to their own clothing and personal belongings (Article 28); Pregnant women and mothers with children under 36 months old can be kept in separate cells and receive higher food rations (Article 35) and Article 419 of the Criminal Procedure Code strictly regulates the basis for applying preventive measures and coercive measures to minors who commit crimes. Only applying preventive measures and coercive measures when it is absolutely necessary and there is a basis to determine the application of the measure. surveillance and other preventive measures are ineffective, in order to implement the International recommendation that "arrest, detention, and detention of children should only be a last measure when there are no other appropriate measures." (United Nations Convention on the Rights of the Child).
          Therefore, Procurators must strictly monitor the grounds, procedures, and authority to apply antidote to these offenders. At the same time, check the time of arrest, the temporary detention period for female offenders and the temporary detention period for people accused of being minors equal to 2/3 of the temporary detention period for people 18 years of age or older. provisions of the CrPC. When there are no longer grounds for temporary detention, competent agencies and persons must promptly cancel them and replace them with other preventive measures.
Regarding temporary detention measures, prosecutors must pay attention : The application, change, and cancellation of temporary detention measures during the trial period must be decided by the Chief Justice or Deputy Chief Justice of the Court, not by the presiding judge. preside over the decision ; The temporary detention period to prepare for trial must be based on Clause 2, Article 278 of the Criminal Procedure Code. In case the detention period has expired on the day of the trial, if it is deemed necessary to continue detention to complete the trial, the jury will order temporary detention until the end of the trial.
Through inspection work, if detected If the Court incorrectly applies the grounds to temporarily detain the defendant as prescribed in Clause 4, Article 119 and Article 419 of the Criminal Procedure Code or there are grounds to change or cancel the temporary detention measure but the Court does not change or cancel it, then The Procuracy immediately reported to the Chief of the Procuracy to propose to the Chief Justice of the Court to correct the violation.
In addition, along with supervision, the Inspectorate can Coordinate with the custody, temporary detention and criminal judgment enforcement unit to strictly supervise cases where the detention facility has notified the Court in writing before the expiration of the temporary detention period. according to Article 13 of the 2015 Law on Enforcement of Custody and Temporary Detention to request the Court to correct violations. In case there are signs of a crime infringing on judicial activities, report it to the Investigation Agency of the People's Procuracy of China for resolution according to its authority.
In addition to the above contents, the assigned prosecutor needs to well supervise contents such as: Implementing requests and proposals of the Court before opening court sessions and supervising the resolution of requests and proposals. recommendations before opening the trial ; resolve requests for additional investigation and resolve requests for additional documents and evidence from the Court ; x examine evidence, examine on the spot or question the suspect or defendant ; Supervise the temporary suspension, cessation, and reinstatement of cases according to the provisions of Articles 279, 174, 246, 280, 284, 298, 312, 314; 155, 277, 281, 282, 283 , 286 of CrPC.
2.1.5. Guarantee the right to defend, appoint a defense counsel, change or refuse the defense counsel
To ensure the human rights of female offenders and juveniles in criminal cases, the prosecutor must supervise and ensure the selection of defense counsel; appointment of defense counsel; change or refuse their defense counsel according to the provisions of Article 75, Article 76, Article 77 and Article 422 of the Criminal Procedure Code and for juvenile offenders, the provisions of Article 10 of Circular No. 06/2018/ TTLT-VKSNDTC-TANDTC-BCA-BTP-BLDTBXH dated December 21, 2018 on coordination in implementing a number of provisions of the Criminal Code on proceedings for people under 18 years old. At the same time, supervise the presence of the defense counsel according to the provisions of Article 291 of the Criminal Procedure Code. For example: In cases where the suspect or defendant has committed a crime for which the Penal Code stipulates the maximum penalty frame is 20 years in prison, life imprisonment, or death penalty; The accused has physical weaknesses that make him unable to defend himself; a person with a mental disability or under the age of 18. If the accused person, their representative or relatives do not invite a defense attorney, the competent court must appoint a defense attorney for them ( Clause 1, Article 76 of the CrPC)
2.1.6. Coordinate in sending people to participate in proceedings; Ensuring the participation in proceedings of representatives, schools, Youth Unions, and other organizations for juvenile offenders.
          For juveniles committing crimes, it will be carried out according to the provisions of Article 420 of the CrPC and carried out according to the provisions of Articles 8 and 9 of Circular No. 06/2018/TTLT-VKSNDTC-TANDTC-BCA-BTP-BLDTBXH dated December 21 /2018 on coordinating the implementation of a number of provisions of the Penal Code on legal proceedings for people under 18 years of age. For example: When conducting proceedings against participants in proceedings who are under 18 years old, the competent authority or person with legal judgment requests or requests the following agencies and organizations to appoint Guardians, representatives, legal aid providers, defenders, People's Defenders to participate in proceedings: Request the State Legal Aid Center to appoint someone to provide legal aid to accused persons under 18 years of age if they are legal aid recipients as prescribed in Article 7 of the 2017 Law on Legal Aid. and Circular No. 10/2018/TTLT-BTP-BCA-BQP-BTC-TANDTC-VKSNDTC dated June 29, 2018 regulating coordination in providing legal aid in litigation activities; Request or request the Bar Association to assign law-practicing organizations to appoint defenders; The Vietnam Fatherland Front Committee and organizations that are members of the Front appoint People's Defenders for accused persons under 18 years of age according to the provisions of Article 76 of the Criminal Procedure Code . (Article 8 of Circular No. 06/2018)
          2.2. Report the case and prepare outlines for participation in questioning and debate outlines at the trial
          2.2.1. Sentence report
          Like other criminal cases, prosecutors are assigned to conduct criminal investigation and trial in criminal first-instance cases in particular to ensure the human rights of female offenders and minors in criminal cases. Carefully study the case file Before participating in the trial, the prosecutor must report to the Procuracy leader on the results of studying the case file. Reporting on the results of case file research must be in writing, clearly stating the following specific contents : Background of the defendant, summary of the content of the case, criminal acts of the defendant ( each defendant if applicable). case involving an accomplice) , system of evidence to determine guilt, evidence to determine innocence, aggravating circumstances, mitigating circumstances of criminal liability , contradictions in documents and evidence (if any). ), resolution plans, recommendations for violations in judicial activities (if any), contents of appeals, protests, complaints, contents of judgments, first instance and appellate decisions, cassation decisions , retrial (if any), opinions of the Procuracy that resolved the case, opinions of the superior Procuracy (if any), proposed ways to resolve the case, application of crimes, points, clauses, articles, judicial measures, handling Evidence, property, documents, related objects, protective measures, enforcement measures, asset recovery, remediation and other contents related to the case according to the provisions of the Penal Code . CrPC , Civil Code and other relevant provisions of law. Report on results of case file research must be prepared according to the Form of the Supreme People's Procuracy and kept in the prosecutor's records. Procuracy leaders must have specific direction and approval in the report on the results of the prosecutor 's case file research .
          2.2.2. Prepare outlines for participation in questioning and debate outlines at the trial
          Due to the characteristics of the defendant being a woman and the psychological and physiological characteristics of the juvenile offender, this person is not fully developed both physically and mentally. Therefore, the procurator's outline for participating in questioning must be carefully prepared to both ensure the human rights of female offenders and minors as well as achieve results in resolving the case in accordance with the law. .
          The interrogation outline must comply with the form issued with Decision No. 15 of the Supreme People's Procuracy. The content of the outline must clearly state the issues that need to be questioned and debated, and anticipate situations and issues that may arise at the trial. In the outline for participation in questioning, it is necessary to mention possible situations, such as: In case the defendant does not answer; In case the defendant does not plead guilty or betrays; In case the defendant confesses because he was forced to confess by the investigator and was subjected to corporal punishment; In case the defendant changes his testimony.
          In addition, there may be other situations that arise at trial such as: In cases involving accomplices , the defendants often blame each other, or blame the subject who has escaped but has not been caught, or blame for dead subjects; Violation of court rules; Disrupting order at court; A person participating in the proceedings faints, etc. so that the prosecutor can coordinate with the jury to have a timely solution.
          The questions asked by the examiner must have a clear Vietnamese meaning, be clear, easy to understand, and avoid having to stop to explain. Each question must achieve a certain purpose; It is necessary to have an interrogation strategy, to be able to ask directly; Ask questions to reinforce each step... in all cases when questioning, the examiner must be calm and not impatient, and must not yell at female offenders and minors. The prosecutor's questioning is to check the evidence collected about the case, to properly resolve the case and also to protect the Procuracy's prosecution position, ensuring the right person, the right crime, and ensuring human rights. of female offenders and minors in criminal cases.
          2.2.3. Prepare impeachment draft
          Depending on each case, the prosecutor can prepare a detailed or summary impeachment, but In terms of form, the draft of impeachment must be drafted and presented in accordance with Form No. 13, promulgated together with the Regulations on the exercise of the right to prosecute and supervise the trial of criminal cases, and promulgated together with the Decision. No. 505/QD-VKSTC dated July 18, 2017 of the Director of the Supreme People's Procuracy. The layout of the impeachment draft includes 3 parts: Introduction, content, and conclusion. The content of the draft impeachment must also be thorough, complete, and in accordance with the provisions of Article 321 of the Criminal Procedure Code and Article 25 of Regulation No. 505 . The content of the impeachment must be analyzed and evaluated objectively, comprehensively, and with sufficient evidence to determine guilt and evidence to determine innocence; the nature and level of danger to society of the crime; consequences caused by criminal acts; The identity and role of the defendant in the case; Crimes, penalties, application of points, clauses and articles of the Penal Code, aggravating and mitigating circumstances ; compensation levels, handling of evidence, judicial measures; the causes and conditions of the crime, personal characteristics of the offender and other details that are meaningful to the case.
          Impeachment must confirm the Procuracy's correct prosecution stance. Impeachment proposes to convict the defendant of all or part of the indictment or to find a lesser offense; Proposing main penalties, additional penalties, judicial measures, liability for compensation, and handling of evidence; Recommend measures to prevent crime and law violations. On that basis, it helps the jury have a correct way to handle the case.
          However, prosecutors should note: In addition to the provisions of the Criminal Procedure Code and the regulations of the People's Procuracy as mentioned above, when preparing drafts of impeachment for criminal cases involving female offenders and minors in the case. Criminals need to pay attention to the following issues:
          - Prosecutors must firmly grasp the criminal policies of our Party and State towards female offenders and minors. in criminal cases . At the same time , minors must comply with the regulations in Chapter XII of the Penal Code
          - In the draft impeachment, when analyzing and evaluating criminal acts, the prosecutor must evaluate them objectively and comprehensively, and at the same time must associate the criminal act with circumstances and living conditions; with the causes and conditions leading to the criminal acts of defendants who are women and minors. On the basis of clarifying the causes and conditions of the defendant's crime, the prosecutor needs to prepare recommendations for preventive measures.
          - When predicting the type and level of penalties or judicial measures to request the jury to apply For defendants who are women and minors, the prosecutor must comply with the provisions of the Criminal Procedure Code. Accordingly, for cases involving minors committing crimes , the defendant's living and educational conditions must be considered . Attention should be paid to issues such as legal awareness , occupation, circumstances , and property status of female defendants and minors , which is also protecting the human rights of female offenders. women and minors in criminal cases.
          If there is an act of inciting a minor to commit a crime by a person aged 18 years or older and this act of instigation has signs of a crime but has not yet been prosecuted, the prosecutor needs to anticipate proposals to handle the instigator who is a person. from 18 years of age or older with the jury for consideration. Thereby, protecting the human rights of minors who commit crimes.
          2.3. Consider adding, changing, or withdrawing prosecution decisions before opening a trial
          To ensure human rights in criminal cases involving women and minor offenders. KSV needs Pursuant to the provisions of Article 285 of the Criminal Procedure Code during the trial preparation stage, when it is found that there is one of the grounds specified in Article 157 of the Criminal Procedure Code such as: There was no crime; The act does not constitute a crime; People who commit acts dangerous to society have not yet reached the age of criminal liability; People whose criminal acts have had a legally effective verdict or decision to suspend the case; The statute of limitations for criminal prosecution has expired; Criminals were granted amnesty; etc. or there are grounds specified in Article 16 (Voluntarily stopping the crime halfway) or Article 29 ( Basis for exemption from criminal liability) or Clause 2 Article 91 (Principles for handling offenders under 18 years of age) crime) of the Penal Code , the Procuracy withdraws the prosecution decision before opening the trial and requests the Court to suspend the case.
          2.4. Activities of prosecutors at first instance criminal trials
          Procurators assigned to conduct criminal investigation and investigation at criminal first instance trials for criminal cases in general, criminal cases involving female offenders and minors in particular, have two functions. That is: Enforcement and supervision of compliance with the law by the jury and those participating in the proceedings according to the provisions of law.
          2.4.1. Supervise the presence of members of the Trial Council and the Court Secretary
          To ensure the human rights of female offenders and minors, investigators need to Pursuant to the provisions of Article 423 of the Criminal Procedure Code, in order to conduct an investigation, the first -instance jury of the case must include a juror who is a teacher or Youth Union official or a person with experience and understanding of juvenile psychology. Because, the standards of those assigned to judge criminal cases must be trained or experienced in investigating, prosecuting, and adjudicating the case, and must have the necessary understanding of psychology and science. education for minors.
          Pursuant to the provisions of Article 288 of the Criminal Procedure Code and based on Q's decision to bring the case to trial, the Procuracy supervises the presence of the Panel members and the Court Secretary . If it is discovered that a member of the Trial Panel or the Court Clerk falls into the cases specified in Articles 49, 53 , 54 of the Criminal Procedure Code, the Procuracy will request the Trial Panel to change their surname. For these changes, KSVs need to pay attention to the following issues:
Judges and alternate jurors must participate in the trial from the beginning to be replaced or supplemented as members of the Trial Panel (Clause 2, Article 288 of the Criminal Procedure Code); In cases where the trial has not yet begun but the Judge or Jury are absent without an alternate, the Procurator shall base on Article 288 of the Criminal Procedure Code to supervise the Court's postponement of the trial ;
In case the Panel has two Judges and the Judge presiding over the trial cannot continue to participate in the trial, the Procuracy shall check whether the Judge is a member presiding over the trial and the addition of an alternate Judge as a member. the jury member if this person participates in the trial from the beginning ; In case there is no alternate judge or juror to replace or the presiding judge must be changed without a judge to replace as prescribed in Clause 2, Article 288 of the Criminal Procedure Code, the trial must be postponed.
          In cases where a trial has been conducted and the trial clerk changes or cannot continue to participate in the trial but there is no substitute clerk to participate in the trial from the beginning to replace him, the prosecutor will base on Article 251 of the CrPC to supervise the trial. temporarily suspend the Court's hearing.
2. 4 .2. Prosecuting the presence of women, juvenile offenders and other participants in criminal cases
Prosecutors need to control the presence of female offenders and minors and others in criminal cases, as well as the following rights: One of the regulations to protect the human rights of defendants is women and minors in criminal cases.
The prosecutor supervises the presence of participants in the proceedings and other people summoned by the Court to attend the trial in accordance with the provisions of Articles 290, 292, 293, 294, 295 and 296 of the CrPC .
          Prosecutors need to pay attention and ensure the presence of female offenders and juveniles in criminal cases not only ensures the trial of the case, but these people also ensure their human rights. them at the criminal first instance trial are stipulated in the Criminal Procedure Code. These are rights such as: Receive the decision to bring the case to trial; decide to apply, change or cancel BPNC and enforcement measures; decision to suspend the case; Court judgments and decisions and other procedural decisions according to the provisions of the Criminal Procedure Code; Participate in court hearings; Be informed and explained about the rights and obligations stipulated in Article 61 of the Criminal Procedure Code; Have the right to request appraisal and valuation of assets; Recommend changing the consultant, asset appraiser, and translator; Request to summon witnesses, victims, people with rights and obligations related to the case, experts of other participants in the proceedings and people with legal authority to participate in the trial; The defendant has the right to present evidence, documents, and requests; Present your opinions on relevant evidence, documents, and objects and request the competent person to examine, evaluate, and defend yourself; Present testimony, present opinions, not forced to give testimony against oneself or forced to admit guilt; Request the presiding judge to ask or personally ask the trial participants if the presiding judge agrees; debate at trial; Say the last word before deliberating; View the court minutes, request to record amendments and additions to the court minutes; Appeal against judgments and decisions of the Court; Complain about decisions and procedural actions of agencies and persons with authority to conduct proceedings; Other rights as provided for by law.
          2.4.3. Supervise the postponement of court hearings; suspend the trial;
          - If there is one of the grounds specified in Clause 1, Article 297 of the Criminal Procedure Code, the prosecutor must request the jury to postpone the trial. In case the jury continues the trial, the prosecutor must participate in the trial. After the trial, the Procuracy must immediately report to the leader of the Procuracy at his level to consider and decide on the Procuracy's request to postpone the trial, but the Panel still continues the trial.
          Pursuant to the provisions of Clauses 2, 3 , 4, Article 297 of the Criminal Procedure Code , prosecutors need to supervise the postponement of court hearings such as: C eat the postponement, the authority to postpone, the postponement period and the notification and sending of the decision to postpone the trial .
          In cases where the Court postpones incorrectly or the Court postpones without notifying the Procuracy of the reason, the Procuracy needs to summarize the Court's violations and report to the Procuracy Leader at their level to consider and issue recommendations for remediation. restore violations.
          - If there is one of the grounds specified in Clause 1, Article 251 of the Criminal Procedure Code , the prosecutor must request the jury to suspend the trial . In case the jury continues the trial, the prosecutor must participate in the trial. After the trial, the prosecutor must immediately report to the Supervisory Board's leadership . At the same time, the Procuracy needs to inspect the grounds, time limit, procedures for suspending the trial and the notice of suspension of the trial according to the provisions of Article 251 of the Criminal Procedure Code.
          2. 4. 4. The Procuracy requested the Court to return the file for additional investigation
          On the basis of the provisions in Article 280 , Article 298 of the Criminal Procedure Code, Circular No. 02/2017/TTLT-VKSNDTC-TANDTC-BCA-BQP dated December 22, 2017 and Article 20 of Regulation No. 505 c Based on the developments and results at the trial, the prosecutor requests the jury to return the file for additional investigation when discovering there is a basis to return the file for additional investigation; There are grounds to conclude another more serious crime or new, complicated issues arise that cannot be resolved right at trial. After the trial, the Procuracy reported to the Chief of the Procuracy.
          2.5. Procuracy begins the trial
          Prosecutors well implement the following contents to ensure the human rights of female offenders and juveniles in criminal cases. That is: Pursuant to the provisions of Article 300 of the Criminal Procedure Code, before the opening of the trial, the Procurator must be present before the Trial Panel begins the trial to inspect the work of the Court Clerk , if any violations are detected. The Prosecutor requested the Court Clerk to immediately correct those violations .
          When inspecting the procedures for opening the trial according to Article 301 of the CrPC. When conducting an investigation of this content, the prosecutor needs to pay attention to the following issues: The prosecutor compares the defendant's background. In case of any errors, the prosecutor requests the judge presiding over the trial to immediately correct them ; Supervise the presiding judge's dissemination of the rights and obligations of those summoned by the Court. In which, there are the rights and obligations of female and juvenile offenders as stated above. In cases where the judge presiding over the trial incorrectly and incompletely disseminates the rights and obligations of these offenders, In that case, the Procurator will immediately give his opinion to the Judge presiding over the trial and request the Judge to disseminate it correctly and fully according to regulations. So that those participating in the proceedings in the case in general, women offenders and minors participating in the proceedings in the case know their rights and obligations to ensure their rights when participating in the proceedings in the case . . Simultaneously, Inspectors supervise the implementation of the commitment obligations of interpreters, translators, experts, property valuators, and witnesses according to Articles 303 and 304 of the CrPC. For cases with many witnesses, based on the provisions of Article 304 of the Criminal Procedure Code, the Procuracy shall supervise the implementation of isolation procedures for witnesses ; Pursuant to the provisions of Article 302 of the Criminal Procedure Code, the Procuracy shall supervise the resolution of requests to change Judges, Jurors, Prosecutors, Court Clerks, assessors, property valuators, interpreters, translators; Supervise the resolution of requests to review evidence and postpone the trial when someone is absent according to Article 305 of the Criminal Procedure Code.
          2. 6 . Exercising prosecutorial power and supervising litigation at trial
          2.6.1. Announcement of indictment
          Pursuant to the provisions of Article 306 of the Criminal Procedure Code, before conducting questioning, the prosecutor shall announce the indictment (or prosecution decision in case summary procedures are applied) and present additional opinions (if any). ). Additional comments must not worsen the defendant's condition. Note that when announcing the indictment, the prosecutor must read it loudly and clearly, with pauses in sentences, neither reading too fast nor reading too slowly. When reading, pay attention to the attitude of the listeners and can remind those who violations if deemed necessary. When announcing the indictment, do not stutter or make spelling mistakes. The offender's right to hear the prosecutor announce the indictment is to ensure his human rights. He has the right to know what crime the prosecutor is indicting him for, and whether the indictment announced by the prosecutor at the trial is true to the content of the indictment. the previous status that the Procuracy has handed over to you (Article 60 of the CrPC). (Or the prosecutor also reads other documents such as: Supplementing, changing or withdrawing part of the prosecution decision (if any) etc.)
          2. 6.2. The prosecutor conducts the questioning
          Pursuant to the provisions of Clause 4, Article 423 of the Criminal Procedure Code and Circular No. 01/2017/TT-TANDTC dated July 28, 2017 of the Chief Justice of the Supreme People's Court "Regulations on the courtroom" Questioning and debate at the trial must be Conducted in accordance with the age and level of development of minors; The courtroom is conveniently arranged and suitable for minors.
          To ensure the human rights of female offenders and minors, base According to the provisions of Articles 307, 309, 310, 311, 316, 317 , 318 of the Criminal Procedure Code , at the court hearing, the Procuracy shall supervise the administration of questioning and strictly supervise the questioning procedures of the Judge presiding over the session. court. Procuracy supervises the implementation of questioning female offenders and minors (defendants), other participants in the proceedings in accordance with the provisions of the Criminal Procedure Code, ensuring that the participants in the proceedings present their opinions first, then the jury , prosecutor, defense counsel and Other participants in the proceedings asked further questions about points that the respondent presented incompletely or were contradictory. At the same time, based on the provisions of Article 307 of the Criminal Procedure Code, the Procuracy supervises the presiding judge's handling of requests for additional questions from participants in the proceedings at the trial.
          In case the jury commits a violation such as improperly following the procedures for questioning the defendant or witnesses or publishing testimony before the person being questioned testifies at the trial or the jury does not ensure the right to request or receive When asked by participants in the trial of female offenders and minors (defendants) and of other people participating in the trial, the prosecutor must request the jury to comply with the provisions of the Criminal Procedure Code.
          2.6.3. The prosecutor conducts the questioning
          The purpose of participating in questioning is to help prosecutors re-examine the evidence collected during the investigation and prosecution phase; The prosecutor asked to emphasize and clarify the important points that the prosecutor believes the jury needs to pay attention to. The prosecutor's participation in questioning at the criminal first instance trial is objective and comprehensive, so it will overcome somewhat one-sided and one-sided during the public interrogation process at the trial by the jury. In particular, prosecutors participate in questioning to protect human rights and have the right perspective, sympathy and sympathy for female offenders and minors in criminal cases.
          Pursuant to the provisions of Article 307 of the Criminal Procedure Code, the prosecutor must conduct questioning under the direction of the presiding judge. In case the Judge presiding over the trial requests the Procurator to ask questions first, immediately after the Judge presiding over the trial asks, the Procurator will, based on the proceedings of the trial, avoid asking the same question as the Judge presiding over the trial. The court questioned . (The examiner can conduct questioning according to the interrogation outline ).
          In case the prosecutor asks questions after the jury , the defense counsel, or other participants in the proceedings, the prosecutor monitors and records questions, answers, compares the outline, and monitors the proceedings of the trial so that when requested to consider When asked, the prosecutor only asks questions that are unclear, have not been questioned, conflicting issues or new details that arise at the trial. The examiner asks clear, easy-to-understand questions, avoids repetition, avoids explanations, and concludes immediately. When questioning female offenders and minors, prosecutors must ask about evidence, documents, and objects related to the accusation, exculpation, and other details of the case.
          The process of questioning prosecutors must be flexible, not too dependent on the interrogation outline, focus on monitoring the proceedings of the trial to grasp the situations to ask appropriate questions, thereby determining the objective truth of the case. case, clarifying criminal acts, crimes, the role of each defendant, civil liability, handling of evidence, and judicial measures.      
          When the offender is a woman and the minor in the case as well as other participants in the proceedings present new evidence, documents, or objects (new details) at the trial, the prosecutor needs to check and focus on reviewing. Ask to clarify the origin and content of new evidence, documents, and objects to check the legality and validity of the evidence, documents, and objects. In cases where , through questioning and examination, there is not enough basis to conclude that the new evidence, documents, or objects may change the nature of the case, the prosecutor must request the jury to postpone the trial according to the provisions of Article 297. CrPC for verification.
          2. 6.4 . Supervise the publication of testimonies during the investigation and prosecution phase; Presentation and publication of reports and documents of agencies and organizations ; Supervise the examination of physical evidence, on-site inspection, listening, viewing recorded content or video recording with sound .
          To ensure the human rights of female offenders and minors who commit crimes, the prosecutor needs to perform a good job of checking the following contents for the jury at the trial. That is: The publication of testimonies during the investigation and prosecution phase is carried out by the Trial Panel or Prosecutor according to the provisions of Article 308 of the Criminal Procedure Code; Reports and documents of agencies or organizations on the details of the case presented by representatives of that agency or organization; In case there is no representative of an agency or organization attending, the jury will announce reports and documents at the trial. Prosecutors, defendants, defense counsels, and other people participating in the trial have the right to comment on those reports and documents and ask representatives of agencies, organizations, and other people participating in the trial about related issues. related to those reports and documents (Article 315 of the CrPC); In cases where it is necessary to examine evidence, documents, or objects related to the case or when the defendant accuses of being forced to confess or using corporal punishment, the jury will decide whether to listen to or watch the recorded content or video recording with sound. relevant bar at trial (Article 313 of the CrPC)
          2. 6 .5. Supervise the conclusion of questioning
To ensure the human rights of female offenders and minor offenders, at the trial, based on the provisions of Article 318 of the Criminal Procedure Code, the prosecutor supervises the conclusion of the questioning of the presiding judge with the contents of the trial. The following content: Procuracy that the presiding judge of the trial asked the judge , the female offender and the minor as well as other participants in the proceedings about whether any additional issues were requested to be questioned. At the same time, the Procuracy needs to supervise the handling of requests for further questioning of female offenders and minors as well as other participants in the proceedings . In case the request for further questioning is necessary for the resolution of the case but the presiding judge does not comply, the prosecutor requests the presiding judge to continue the questioning.
          2. 6 .6. The prosecutor decides to prosecute or conclude a lesser crime at trial
          Pursuant to the provisions of Article 319 of the Criminal Procedure Code, at the trial, after the end of the questioning, the prosecutor may withdraw part or all of the prosecution decision or conclude a lesser crime . After the trial ends, the Procuracy must promptly report to the Procuracy Leader at his level for consideration and decision.
          Implementation according to the provisions of this article is also aimed at ensuring the human rights of female offenders and minors.
          2. 7. Debate at trial
          Pursuant to the provisions of Article 3, 20 of the Criminal Procedure Code and Regulation No. 505, after the end of the interrogation, the prosecutor presented the impeachment. Pursuant to the provisions of Article 322 of the Criminal Procedure Code, the Procuracy is required to argue at the trial to defend the prosecution's point of view and defend the indictment .
          When arguing at trial, prosecutors must be calm, objective, flexible, use clear, easy-to-understand, concise style and language, and respect the opinions of female offenders and minors as well as the opinions of female offenders and minors. opinions of other participants in the proceedings , acknowledge correct opinions and reject opinions and suggestions that have no legal basis, and do not avoid difficult and complicated issues. With the motto of clarifying the truth, the nature of the case, for human rights, for the rights of women and minors who commit crimes, the prosecutor must be objective, comprehensive and complete when debating. Do not be prejudiced against the offender, do not compete with the defense lawyer for the sake of appearance, which disadvantages and affects the human rights, legal rights and interests of the offender.
          When debating, the prosecutor must answer to the end every opinion of the defendant, defense counsel, and other participants in the proceedings at the trial. Supervisors need to go straight to the heart, the content of the problem , the content that needs to be debated and responded to, avoiding lengthy and repetitive situations .
          During the debate at the trial, the prosecutor must listen to and fully record the opinions of female offenders, minors, and other participants in the proceedings ; In cases where the participants in the proceedings are unclear, the prosecutor should ask these people to present their opinions to clarify their opinions . If the offender is a woman, the minor and other participants in the proceedings have the same opinion on the same content, the prosecutor will synthesize them to respond together to those opinions.
During the process of listening and recording opinions, examiners quickly determine the content that needs to be answered; As for the contents and issues raised by the parties, they must be related to the case and must be in the case file or have been questioned, examined, and evaluated at the trial.
The prosecutor pays attention to the contradictions in the arguments of the defense counsel and between the defense counsels, between the defense counsel and the defenders of the rights and interests of the victims and litigants to respond and refute. In case a new document arises, it must also be a document related to the case and the origin and legality of that document must be checked to have counter arguments and conclusions to accept or reject. The assertions and objections of the prosecutor at trial must be well-founded and highly convincing on the basis of respecting the objective truth of the case.
          * The request for penalty, civil compensation, and handling of evidence must be well-founded, in accordance with the law, and in accordance with social ethical standards. Prosecution of penalties and handling for female offenders and minors should be done according to the motto of not putting punishment first and applying punishment when necessary.  
          In addition to the general provisions on punishment prescribed in the Penal Code, for female offenders and minors, there are also regulations to ensure the human rights of these people. Specifically: Pursuant to the provisions of Clause 2, Article 40 of the Penal Code: Do not apply the death penalty to people under 18 years old when committing a crime, pregnant women, and women raising children under 36 months old when committing a crime. or at trial ; and Clause 3, Article 40 stipulates: The death penalty shall not be carried out for convicted persons who are pregnant women or women raising children under 36 months of age; For offenders who are pregnant women, mitigating circumstances shall be applied as prescribed in Point n, Clause 1, Article 51 of the Penal Code;
          In case the offender is a woman raising a child under 36 months of age, the time served is at least 1/3 of the fixed-term prison sentence or at least 12 years for life imprisonment that has been reduced to a term of imprisonment. term , they will be released from prison before the term with conditions (Article 66 of the Penal Code); Women who are pregnant or raising children under 36 months of age may postpone or temporarily suspend them until the child is 36 months old; Pursuant to Clause 6, Article 423 of the Criminal Procedure Code, when judging, for minors who commit crimes, if it is not necessary to decide on the penalty for the defendant, the Trial Council shall apply educational measures at reform schools. This is both a typical viewpoint and aimed at ensuring human rights. At the same time, it demonstrates the profound humanity and humanity of our Party and State in handling minors who commit crimes.
          Juveniles who commit crimes must be subject to imprisonment as prescribed in Section 4, Section 5, Chapter . For example: Only apply fines as the main penalty to people from 16 years old to under 18 years old, if that person has income or private property ; The fine for people from 16 years old to under 18 years old who commit a crime is not more than 1/2 of the fine level prescribed by law.
          - Non-custodial reform penalties are applied to people from 16 to under 18 years old who commit less serious crimes, serious crimes or very serious crimes unintentionally or people from 14 years old to under 16 years old. Committing a very serious crime intentionally. When applying the penalty of non-custodial reform to a person under 18 years old who commits a crime, that person's income will not be deducted ; The term of non-custodial reform for a person under 18 years of age who commits a crime shall not exceed one-half of the term prescribed by law.
          - The term of imprisonment applicable to people under 18 years old who commit crimes is prescribed as follows: For people from full 16 years old to under 18 years old when committing the crime, if the applicable law stipulates a general prison sentence life imprisonment or death penalty, the maximum penalty applied shall not exceed 18 years in prison; If it is a term of imprisonment, the maximum penalty applied is not more than 3/4 of the prison sentence prescribed by the law;
          - The court decides on punishment for people under 18 years old in cases of preparing to commit a crime or failing to commit a crime according to the principles specified in Clause 1, Article 57 of this Code ; The maximum penalty for a person from 14 years old to under 16 years old who is preparing to commit a crime is not more than one-third of the penalty level specified in the penalty framework for preparing to commit a crime in the applicable law ; The highest penalty for a person from 16 years old to under 18 years old who prepares to commit a crime is no more than one-half of the penalty level specified in the penalty framework for preparing to commit a crime in the applicable law ; The highest penalty level applicable to people from 14 years old to under 16 years old who commit crimes does not exceed 1/3 of the penalty level specified in Article 100 and Article 101 of this Code ; The highest penalty level applicable to people from 16 years old to under 18 years old who commit a crime does not exceed half of the penalty level specified in Articles 99, 100 and 101 of the Penal Code.
          For people from 14 years old to under 16 years old when committing a crime, if the applicable law stipulates life imprisonment or death penalty, the maximum penalty applied shall not exceed 12 years in prison; If it is a term of imprisonment, the maximum penalty applied is no more than 1/2 of the prison sentence prescribed by the law.
          2.8. Supervise the arguments at the trial and supervise the return for questioning
          To ensure human rights, rights and legitimate interests of women offenders and minors at trial, prosecutors need to supervise the debate at the trial and supervise the return for questioning according to the following contents: :
- Pursuant to the provisions of Article 322 of the Criminal Procedure Code, along with the debate at the trial, the Procuracy must supervise the debate at the first instance court hearing , and the Judge presiding over the trial must not limit the time for debate. , must ensure and create conditions for the defendant, defense counsel, and other participants in the proceedings to have the right to argue and present all their opinions . If the Presiding Judge does not accept the opinions of the trial participants , the Presiding Judge must clearly state the reason . Through inspection, if it is found that the Presiding Judge has committed a violation, the Procurator shall promptly request the Presiding Judge to correct it.
          - During the debate, if deemed necessary, the prosecutor requests the jury to return to the questioning and may request the jury to suspend the trial according to the provisions of Article 251 of the Criminal Procedure Code or postpone the trial according to the provisions of Article 297 of the Criminal Procedure Code. To verify , collect, and supplement documentary and material evidence that cannot be done right at the trial or if the argument process uncovers new details that may change the content of the case or change opinions and ways of handling cases that cannot be clarified or concluded during debate.
          2.9. Prosecution of the defendant's last words
          To ensure the human rights of female offenders and minors in the case, prosecutors need to Pursuant to Point k, Clause 2, Article 61, Article 324 of the Criminal Procedure Code, after the participants in the debate do not present anything further, the presiding judge declares the end of the debate and the defendant has the last word. Therefore, to ensure the Jury's right to have the last word for the defendant, the prosecutor must properly control the following contents: If the Jury has not allowed the defendant to have the last word or limited the defendant's presentation time. The prosecutor must request the jury to comply with the provisions of the Criminal Procedure Code. When procuring, the prosecutor needs to listen carefully and promptly request the jury to return for questioning if, in his final words, the defendant presents additional details that are important to the case but have not been clarified.
          2.10. Supervise the sentencing
          To ensure the human rights of female offenders and minors in the case, the prosecutor needs to rely on the provisions of Article 327 of the Criminal Procedure Code and Article 28 of Regulation No. 505 when presiding over the trial or another member of the jury . Reading the judgment, the prosecutor must record important observations and the decision content of the judgment as a basis for checking the court minutes, checking the judgment and preparing the content. Report to the Supervisory Board to make recommendations or protests if deemed grounded and necessary. At the same time, based on the provisions of Articles 328 and 329 of the Criminal Procedure Code, immediately after sentencing, the prosecutor must supervise the jury's release of the defendant or temporary detention of the defendant after sentencing.
          2.11. Activities of the prosecutor after the end of the trial
          After the end of the trial, the prosecutor needs to perform well the following tasks: Supervise the court minutes, check the grounds and legality of first instance judgments and decisions; Complete the inspection file; Report to the leadership of the Procuracy at your level the results of the trial and propose further measures such as recommendations or protests. If necessary, you can propose to hold a meeting to learn from experience.
          3. Skills of prosecutors in the appellate trial of criminal cases to ensure human rights of female offenders and juveniles
          3.1. Some issues need attention when exercising prosecutorial power and supervising appellate trials     
          * Regarding appeal authority
          - Pursuant to the provisions of Clause 1, Article 336 of the Criminal Procedure Code, the Procuracy of the same level and the immediate superior Procuracy have the right to appeal against the first instance judgment or decision.
          - Pursuant to the provisions of Article 337 of the CrPC The time limit for protesting by the Procuracy at the same level against the judgment of the First Instance Court is 15 days, and by the Procuracy of the immediate superior level is 30 days from the date the Court pronounces the verdict; The time limit for protesting by the Procuracy at the same level against the decision of the First Instance Court is 07 days, and by the Procuracy of the immediate superior level is 15 days from the date the Court issues the decision.
          * Regarding grounds for appeal
          Pursuant to Clause 1, Article 37 of Regulation No. 505 stipulates: First instance judgments and decisions that have not yet taken legal effect are protested according to appellate procedures when there is one of the following grounds: Incomplete investigation and questioning at the first instance court session led to an incorrect assessment of the nature of the case; The conclusions and decisions in the first instance judgment or decision are not consistent with the objective details of the case; There are mistakes in applying the provisions of the B LHS , the Civil Code and other legal documents; The composition of the first-instance jury did not comply with the law or there were serious violations of procedural procedures. Such as: Orders and decisions of the CPC that according to the provisions of the Criminal Procedure Code must have the approval of the Procuracy , but do not have the approval of the Procuracy or the signing of orders or procedural decisions is not within the authority; Failure to appoint, change or terminate the appointment of a defense counsel for an accused person according to the provisions of Articles 76 and 77 of the Criminal Procedure Code ; Improperly determining the eligibility of participants in the proceedings during the investigation, prosecution, and trial process, leading to serious infringement of their legitimate rights and interests; Initiate criminal proceedings without a request from the victim or the victim's representative as prescribed in Clause 1, Article 155 of the Criminal Procedure Code, etc.
* Scope of appeal
Do not appeal a part of the judgment, specifically: Do not appeal about penalties, judicial measures, liability for damages or civil issues in criminal cases... or appeal the entire judgment.
          3.2. Supervise the reception and handling of appeals
          To ensure the human rights of female offenders and minors who commit crimes, prosecutors need to perform well the following issues:
          Pursuant to the provisions of Article 331 of the Criminal Procedure Code, female offenders and minors have the right to appeal the first instance judgment or decision; The defense attorney has the right to appeal to protect the interests of the minor, the person with mental or physical weakness that he or she defends. Therefore, Immediately after receiving the notice of appeal from the Court, the prosecutor of the first instance Procuracy needs to examine the person entitled to appeal and the scope of appeal of each person entitled to appeal;
          Pursuant to the provisions of Clause 2, Article 332 of the Criminal Procedure Code, the Procuracy must inspect the content of the appeal and accompanying evidence, documents, and objects (if any) and inspect the appeal deadline as prescribed in Clause 1 of this Article. Article 333 of the Criminal Procedure Code . The time limit for appealing against the first instance verdict is 15 days from the date of verdict. For defendants absent from court, the time limit for appeal is calculated from the date they receive the judgment or the date the judgment is posted according to the provisions of law; The time limit for appealing against a first instance decision is 07 days from the date the person with the right to appeal receives the decision.
          The date of appeal is determined as follows: In case the appeal is sent via postal service, the date of appeal is the date according to the postmark of the place of sending; In case the appeal is sent through the Warden of the Detention Center or Head of the Detention House, the appeal date is the date the Warden of the Detention Camp or Head of the Detention House receives the application. The Warden of the Detention Center and Head of the Detention House must clearly state the date of receipt of the application and sign the application; In case the appellant files an appeal at the Court, the appeal date is the date the Court receives the application. In case the appellant presents directly to the Court, the date of appeal is the date the Court makes a record of the appeal.
          Through inspection, the Procuracy should pay attention to the following issues: In cases where it is true that the person has the right to appeal but the appeal is not within the correct scope and the Court does not return the appeal, the Procuracy requests the Court to return the appeal ; In this case, it is true that the person has the right to appeal, but the appeal is beyond the scope . For example, according to Clause 3, Article 331 of the Criminal Procedure Code, civil plaintiffs only have the right to appeal the part of the judgment or decision related to compensation for damages but add an appeal requesting an increase in the penalty for the defendant KSV. notify the Court in writing. (The scope of appeal is specified in Article 331 of the CrPC); For In case it is found incorrect that the person has the right to appeal, the Procurator shall request the Court to return the application and notify in writing the person who filed the appeal.
In cases where the appellant changes, supplements, or withdraws the appeal , the Procuracy needs to check the legality and limits of the changes or additions to the appeal. In case it is discovered that the changes or additions to the appeal content have requirements that the appellant does not have the right to appeal (beyond the scope of the appeal) , the Prosecutor shall discuss with the Court for resolution. If it is discovered that the Court of Appeal has not notified the Procuracy or the defendant or those involved in the appeal about changes, additions, or withdrawals of the appeal, the Procuracy will report to the Procuracy's leader to consider the recommendation. .
For In cases where the appeal is found to be valid but the content of the appeal is unclear, or for appeals that do not require the appellate level to resolve any specific issues such as increasing or reducing penalties... but only recommending in general terms like asking for leniency, asking for it review the entire judgment... but the Court has not asked the appellant to clarify, then the Procuracy will report to the V KS leader to have a written request for the Court to make the request of the appellant.
          In cases where the applicant does not have the right to appeal, within 3 days from the date of receipt of the application, the Court shall return the application and notify in writing the applicant and the Procuracy at the same level. The written notice must clearly state the reason for returning the application.
          The return of the application can be appealed within 07 days from the date of receipt of the notice. Complaint resolution is carried out in accordance with the provisions of Chapter XXXIII of the Criminal Procedure Code.         To ensure the legitimate rights and interests of participants in proceedings, including women offenders and minors in criminal cases, the Criminal Procedure Code in 2015 amended the regulations on handling overdue appeals. Therefore, based on the provisions of Article 335 of the Criminal Procedure Code, the Procuracy must supervise the Court's consideration of overdue appeals , the submission of the appeal by the First Instance Court, and the appellant's report on the reasons for the appeal. Overdue report and accompanying evidence, documents, and objects (if any) to the Court of Appeal; composition of the Overdue Appeal Review Council; decision of the Overdue Appeal Review Council on resolving the overdue appeal .
          Before participating in the meeting to consider the overdue appeal, the prosecutor must study the overdue appeal and accompanying evidence, documents, and objects (if any), and develop a speech on acceptance or non-acceptance. appeal overdue, report to V KS leader . The Procuracy's speech must be approved by the Procuracy 's leader . The Procuracy must participate in the meeting to consider overdue appeals and express the Procuracy's opinion on considering overdue appeals. The Procuracy supervises the sending of case files to the Court of Appeal of the Court of First Instance in case the Court of Appeal accepts an overdue appeal.
          3.3. Exercising the right to prosecute and supervise trial preparation activities
specific case , the prosecutor can apply the methods of researching case files as described above. However, researching case files to participate in the appeal trial, along with that to To ensure the human rights of female offenders and minors in criminal cases, investigators need to focus on researching some specific evidence, documents, and objects in the case file as follows:
          - Research the first instance judgment: The prosecutor checks the legality and well-foundedness of the first instance judgment that is appealed or protested against according to Clause 2, Article 260 of the Criminal Procedure Code. On that basis, the examiner compares, contrasts, and analyzes to evaluate the basis, reasonableness, and persuasiveness of the appeal or protest.
          - Research the minutes of the first instance court hearing: The examiner compares the content of the first instance court minutes with the appeal or protest to see if there are any contradictions? If so, then propose a solution... The prosecutor studies the views of the defense counsel, the defendant and other participants in the proceedings, especially the content of the prosecutor's responses at the first instance trial , and the arguments of the defendant. defense raised to refute the prosecutor's accusations and the jury 's opinion at the first instance trial to have a perspective in comprehensively evaluating the evidence and finding a solution.
          - Research the minutes of deliberation of the first instance court: During the research process, the prosecutor needs to compare the minutes of deliberation with the appeal or protest to see if there are any contradictions such as the sentence recorded in the minutes of deliberation. Is there anything different from the sentence recorded in the judgment or is the sentence announced publicly by the jury different from the sentence recorded in the minutes of deliberation and judgment ? Check the minutes of deliberation to see if they have all the signatures of the members of the jury. If the minutes of deliberation do not have the signatures of all members of the jury or there are details that have not been verified at the trial or the minutes. If the verdict is corrected or the verdict is left blank in the minutes of deliberation, these are all serious violations of criminal procedure procedures. When studying the minutes of deliberation, the prosecutor should pay attention to researching each issue that the first-instance jury voted on, such as: Penalties, compensation for damages , judicial measures...
In the process of studying the first instance verdict, trial minutes, and deliberation minutes of the first instance trial , the prosecutor needs to record important details to clarify the evolution of the defendant's criminal behavior, time, the location where the crime occurred; evidence to determine whether the defendant committed a crime or not; system of evidence to incriminate and exculpate; What crime did the defendant commit, according to which points, clauses, and articles of the Penal Code; If not guilty, then the grounds determine that the defendant did not commit a crime; issues about the defendant's identity, circumstances aggravating and mitigating criminal liability ; resolve civil issues in criminal cases such as compensation and compensation liability...
Along with researching case files to prepare to participate in appeal trials, to ensure the human rights of women offenders and minors in criminal cases, the prosecutor must inspect the following contents: :
- The exercise of appellate jurisdiction and the observance of the Court's trial preparation deadline according to the provisions of Articles 344 and 346 of the Criminal Procedure Code and Article 45 of Regulation No. 505;
- Content of the decision to bring the case to appeal trial; exercise the right to request the summoning of participants in the proceedings and supervise the summoning of participants in the appeal court as prescribed in Articles 254, 255, 346, 349, 351 of the Criminal Procedure Code; Articles 40, 45 of Regulation No. 505 and Resolution No. 05/2017/NQ-HDTP, Resolution of the Council of Judges-SPC;
- Supervise the Court's application, change, and cancellation of crime prevention measures and coercive measures for female offenders and minors. according to the provisions of Article 347, Article 419 of the CrPC and supervise the suspension of appellate trials according to the provisions of Articles 155 and 348 of the CrPC
To ensure the legal interests as well as human rights of women offenders and minors in criminal cases, along with good implementation of the supervision of the above contents, based on the provisions of Article 341 , 353 CrPC and Articles 39, 45 Regulation No. 505 The Procuracy verifies, collects new evidence, documents, and objects and supervises the addition of evidence, documents, and objects at the Court of Appeal . Along with that, the prosecutor must, on the basis of studying the documents, develop an outline of questioning, draft of the prosecutor's speech at the appeal court hearing, draft of the prosecutor's argument outline at the appeal court hearing as stipulated in Clause 1 of this Article. Articles 42, 43, 44 of Regulation No. 505.
3.4. Exercising the right to prosecute and supervise trials at the appellate court
To ensure the human rights of female offenders and minor offenders, at the appeal court the prosecutor must check the following contents:
(1) Resolution of requests to consider evidence and postpone the trial when someone is absent, Procuracy of the presence of members of the Appeal Panel and the Court Clerk according to the provisions of Articles 305 and 349 of the Criminal Procedure Code; Supervise the scope of appellate trials, supervise the suspension and postponement of court sessions, and supervise appellate court procedures according to the provisions of Articles 345, 352, 251, 354 of the CrPC.
(2) Exercising prosecutorial power and supervising litigation at the appeal court
* To ensure the human rights of women offenders and minors at the appeal court, the Procuracy has just inspected and presented its opinions on changes, additions, and withdrawals of the appellant's appeal. fox :
The appellant has the right to change or supplement the appeal but must not make the defendant's situation worse; withdraw part or all of the appeal. Therefore, the Procuracy needs to pay attention to the following issues: Pursuant to Article 342 of the Criminal Procedure Code, the Procuracy shall check the Panel's assurance of the right to change, supplement, or withdraw the appeal for the appellant . At the same time, check the recording of changes, additions, and withdrawals of the appellant's appeal in the court minutes. In cases where the appellant withdraws part of the appeal, the Procuracy shall supervise the presentation of the appellant's partial withdrawal of the appeal and the decision to suspend the trial of that part of the appeal in the appeal judgment of the Court. The jury, along with that, the prosecutor needs to focus on considering the reasons why the appellant changed, supplemented, or withdrew the appeal; Whether the changes or additions to the appeal will worsen the defendant's situation or not.
* Changes , additions, and withdrawals of protests by the Procuracy .
To ensure the human rights of female offenders and minors in criminal cases, the prosecutor participating in the appeal trial has the right to change or supplement the appeal but must not make the defendant's situation worse; withdraw part or all of the appeal. Opinions on changes, additions, and withdrawals of protests of the Procuracy must be recorded in the minutes of the appeal court hearing. In case of changes, additions, or withdrawals of protests at the appeal court , the prosecutor must request the jury to temporarily suspend the trial to report to the leadership of the prosecutor's office for consideration. If the Trial Panel continues the trial, the Procuracy shall decide and be responsible for changes, additions, and withdrawals of the Procuracy's protest at the appeal hearing . After the end of the appeal trial , the Procuracy must immediately report to the leader of the Procuracy at his level (Article 342 of the Criminal Procedure Code and Article 41 of Regulation No. 505).
          * The prosecutor supervises the questioning
          Pursuant to the provisions of Article 354 of the Criminal Procedure Code, the prosecutor participating in the appeal hearing must supervise the presiding judge asking the appellant whether to change, supplement or withdraw the appeal or not; The presiding judge asked the prosecutor whether he would change, supplement, or withdraw his protest ; if any Then the presiding judge requests the defendant and those involved in the appeal to present their opinions about the Procuracy's changes, additions, and withdrawals of protests.
In case the Trial Panel commits a violation such as improperly carrying out questioning procedures for the appellant or the protested person or publishing testimony before the questioned person testifies at the appeal hearing or the Trial Panel does not ensure the right to be questioned, To present the opinions of the participants in the proceedings at the appeal court , the prosecutor must request the jury to comply with the provisions of law.
* The prosecutor conducts the questioning
          The method of questioning at the appeal court of the Procuracy is the same as at the first instance trial. However, during the appeal trial , the prosecutor paid attention some of the following cases : KSV only x questioning in case there is only an appeal , in this case, the prosecutor needs to focus on the content of the appeal, focus on questioning to clarify the reason for the appeal of the appellant; KSV x questioning in case there is only a protest , in this case, the prosecutor needs to focus on questioning to protect the Procuracy's protest point of view; KSV x Interrogation in cases where there is both an appeal and a protest . In this case, the Procuracy focuses on questioning when the content of the appeal is the same as the content of the protest or in cases where the content of the appeal is different from the content of the protest. appeal.
          In cases where there is new evidence, documents, and objects added at the appeal trial , the prosecutor needs to interrogate the person who presented and provide additional new evidence, documents, and objects at the trial. First , then question other participants in the proceedings. Prosecutors need to check and interrogate to clarify the origin of those evidences, documents, and objects, the reason for obtaining those evidences, documents, and objects, and the reason for not presenting those evidences, documents, and objects. That object is at the stage of the first instance trial of a criminal case .
          Along with that, the examiner needs to carefully consider and make an objective assessment of these new evidence, documents, and objects . From there, accurate conclusions can be drawn about the legality and well-foundedness of newly added evidence, documents, and objects. Through questioning, if the prosecutor finds that there are not enough conditions to conclude whether the newly added evidence, documents, and objects have probative value to resolve the case at the appeal court or not, or If new evidence, documents, or objects can change the nature of the case, the prosecutor must request the jury to postpone the trial for inspection, verification, and clarification before the prosecutor has an opinion on resolving the case.
          In cases where new evidence, documents, or objects require time to be examined and verified because they are related to many other evidences in the case or need to be solicited for expertise, the appellate level does not fix them. If so, the prosecutor requests the jury to cancel the first instance verdict and transfer the case file for re-investigation or re-trial (Point c, Clause 1, Article 355 of the Criminal Procedure Code).
          * Present your point of view Procuracy at the appeal court 
          To ensure the human rights of female offenders and juvenile offenders in criminal cases at the appeal court,        just like the first instance trial, after the end of the interrogation, before entering During the debate, the Procuracy, as the representative for the Procuracy to exercise the right to prosecute and supervise compliance with the law at the appeal court, will express his opinion and present the Procuracy's views on the first instance judgment and content of the appeal. Although there has been a draft conclusion in advance, the KSV must make appropriate adjustments based on developments at the appeal court . KSV must consider new evidence , documents, objects, and details that arise at the trial, the Procuracy expresses opinions on the content of the appeal, protest, and the Procuracy's views on resolving the case.
          When expressing opinions on the content of the appeal or protest and the Procuracy's views on resolving the case. When giving a speech, the Procuracy must Have a serious, calm attitude, speak language must be clear, coherent, highly convincing, avoid using confusing terms. When making a request, the prosecutor must clearly and specifically present each content that the appeal or protest has raised.
          All arguments of the examiner must have a basis to be convincing . The examiner needs to avoid subjective inferences, exaggeration of the problem or superficial analysis and evaluation of the problem. The prosecutor must rely on the evidence , documents, and objects that have been examined and examined at the trial ; opinions of the defendant, defense counsel and other participants in the proceedings to analyze and prove their views on the resolution of appeals and protests.
          If at the appeal court there are new details that change the opinion on resolving the case that has been commented on by the leader of the Procuracy without having the opportunity to report back, the Procuracy will decide in accordance with the reality of the case. , proceedings of the trial . At the same time, the Procuracy must be responsible for that decision . Immediately after the trial ends, the Procuracy must immediately report to the leader of the Procuracy at his level.
          * Debate at the appeal court
          The method of conducting arguments at the appeal court of the KSV is the same as the first instance court. However, in the appellate trial , when debating, the prosecutor needs to focus on debating contents related to the appeal. Based on the pre-prepared draft outline of the argument at the appeal trial and the developments at the trial , the prosecutor must debate all issues related to the content of the appeal and protest that the defendant has raised. , the defense and other participants in the proceedings raised it to clarify the objective truth of the case and refute their incorrect opinions.
          To ensure the human rights of juvenile offenders in criminal cases, the Procuracy concluded that at the appeal court, attention should be paid to the following issues: It is necessary to properly implement the guidelines for judging juveniles. Adults according to the provisions of Article 423 of the Criminal Procedure Code, the examiner must understand the psychological and physiological characteristics of minors, must have sympathy and sharing, must put the educational motto first, ensuring the benefits the best of juvenile offenders; It is necessary to have correct awareness and accurate vision when judging juvenile offenders; must clearly understand the personal characteristics of juvenile offenders such as: educational level; life style; family environment, social environment...
3.5. Activities of the Prosecutor after the end of the appeal trial
- The prosecutor completes the appellate trial prosecutor's file such as arranging newly arising documents into the case file; Report the results of the appeal trial to the leadership of the Procuracy at your level; Send copies of the appeal judgment to units in the People's Procuracy sector according to Regulation No. 505
- Instruct prosecutors to continue resolving cases whose first-instance verdicts were annulled by the Court of Appeal for investigation and retrial or annulled for retrial in order to have measures to control the application of anti-dumping measures against cases. with female offenders and minor offenders.
- Report and propose to the leaders of the Procuracy at their level to report to the superior Procuracy to protest according to cassation or retrial procedures; Monitor the results of cassation or retrial trials (if any).