- When hearing a criminal case, the Court must prove all the issues as provided in Article 63 of the CrPC. However, where the accused is a woman, in addition to proving any facts of extenuation or mitigation of criminal liability in general, the Judge should pay attention to proving personal or situational characteristics of a female accused. For example: the Judge should establish the situation of the accused, her health status (pregnant or not); whether she is nursing a child less than 36 months old, etc.
- When applying a preventative measure which is arresting the female accused for temporary detention, the Judge should comply with legal provisions on the condititions and grounds for issuing a decision in accordance with the law. The Judge shall not apply temporary detention for a female accused who is pregnant or nursing a child less than 36 months old and has no fixed residence, except in the following cases:
- The accused flees and is arrested under a wanted notice;
- The accused has been the subject of other preventative measures but has continued to commit other offences or has obstructed the investigation, prosecution, or adjudication of the case;
- The accused has been committed an offence related to the national security and there are sufficient evidence that the accused shall likely threaten the national security if they are not remanded in custody(Item 2 of Article 88 of the CrPC).
- The Judge should check whether the body search conducted by the investigating body is in compliance with provisions of Article 142 of the CrPC, especially regarding: «When searching a person, a male shall search a male and a female shall search a female and there must be a person of the same gender to witness the search» (Item 2 of Article 142 of the CrPC).
- The Judge should check whether body searches and the reconstruction of crime scene have been conducted in accordance with Article 152 and Article 153 of the CrPC?
- Body searches must be conducted by a person of the same gender and witnessed by another person of the same gender. If necessary, a doctor should be provided;
- Do not offend honor, dignity or health of the person who is the subject of a body search or person conducting the investigation.
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