Criminal Policy Lessons for Juvenile Offenders in Europe and Implications for Vietnam

This paper provides a comparative analysis of juvenile justice policies and criminal responsibility in selected European countries (Germany, Sweden, France, and the Netherlands) and derives lessons for Vietnam. The study reviews developments since 2020, including new legislation and policy reforms, focusing on diversionary measures, rehabilitation, and sentencing practices. Key findings include Europe’s strong emphasis on rehabilitation and community-based alternatives, strict limits on juvenile detention, and innovative sanctions (such as the Dutch Halt program). France’s 2021 overhaul of its juvenile code introduced presumptions of non-responsibility for younger minors and reinforced diversion; Germany maintains a constitutionally enshrined rehabilitative approach with a “minimum intervention” principle; the Netherlands uses tailored juvenile sanctions up to age 23 focusing on education and employment; and Sweden historically imposed juvenile care rather than punishment, though recent developments signal a shift towards involving younger offenders in detention (planning to lower the criminal responsibility age to 13–14 for serious crimes). Effective practices identified include comprehensive diversion programs, specialized juvenile courts, and interagency aftercare. Policy recommendations for Vietnam include adopting greater diversion and community sanctions, strengthening family and educational supports, establishing specialized juvenile justice institutions, and aligning Vietnam’s laws with international child rights norms. These should be tailored to Vietnam’s legal framework (civil law) and socio-cultural context (collectivist and family-centered), emphasizing rehabilitation over punishment.