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Specifically, according to the Supreme People’s Court, in the case of Ho Duy Hai, the President of the Supreme Court of the Supreme People’s Court and the Director of the Supreme People’s Procuratorate decided not to appeal the cassation in 2011. On that basis, the President The country issued Decision No. 639 on May 17, 2012, which rejected Ho Duy Hai’s death penalty request.
Therefore, the Council agreed that the appeal decision of the President of the Supreme People’s Prosecutor’s Office was not in accordance with the law when President Decision No. 639 / QD-CTN of May 17, 2012 denied the application of the judgment. of death of Ho Duy Hai is in force.
Protests in a favorable manner are carried out at any time.
At the Special Assembly, attorney Truong Trong Nghia stated that the appeal of the Director of the Supreme People’s Procuratorate was not contrary to law.
According to Mr. Truong Trong Nghia, first of all, the application for reduction of the death penalty is the right of the person sentenced to death, who is under the President’s decision, the human being is not a stage of the criminal process. the. In addition, there are no provisions when the decision to reject the death penalty request is finalized, the last of the proceedings (if applicable).
Secondly, Mr. Truong Trong Nghia said Clause 2, Article 379 of the 2015 Code of Criminal Procedure stipulates the time limit for appeal in accordance with cassation procedures, saying: “The appeal is in favor of convicted persons. it can be carried out at any time, even if the convicted person has died and needs to justify it. ”
Therefore, also according to Mr. Truong Trong Nghia, assuming that even in the event that the President’s decision to reject the death sentence for Ho Duy Hai is in force, the appeal of the President of the Institute The Supreme KSND in favor of Ho Duy Hai can still be done at any time.
Third, Mr. Truong Trong Nghia said that if the appeal of the Director of the Supreme People’s Procuratorate is illegal, in procedure, the Council must resolve this problem first and issue a decision not to accept the appeal. time does not resolve the content of the appeal that the Director of the Supreme Popular Prosecutor’s Office declared.
Following the Supreme People’s Court verdict, inmate Ho Duy Hai sent a request for help to the Standing Committee of the National Assembly, the Judicial Committee of the National Assembly, and the Chief of the Supreme People’s Procuratorate asked the agencies to reconsider their decision. the entire decision of the cassation trial.
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