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PREPARATION These days, the public is paying full attention to the appeal for the Ho Duy Hai case: the defendant was sentenced to death in two previous trial and appeal trials when he was forced into brutal murder for robbery of two female employees of the Cau Voi Post Office (Long An) over 12 years ago.
On May 8, the Council of Judges of the Supreme People’s Court issued a cassation review, which rejected the appeal of the Supreme People’s Procuratorate and proposed the death penalty for defendant Ho Duy Hai. .
However, the problem that caused the public to climax immediately after the appeal decision was that in the process of investigating and examining the Ho Duy Hai case, there were many errors by investigating agencies (although there was “cannot change the nature of the case “such as the appeal review decision), but also gives the public the right to doubt the accuracy and fairness of the judgment.
On this occasion, Dan Viet would like to republish the series on the Nguyen Thanh Chan case in Bac Giang, who was vindicated after more than 10 years in prison under the title “Injustice in Nguyen Thanh Chan: 3,699 days of injustice”.
Here, we are not questioning (or claiming) whether Ho Duy Hai is subject to an injustice like Mr. Chan or not. But, like the Ho Duy Hai case, in the process of investigating and investigating the Nguyen Thanh Chan case, the judicial authorities at the time also made many very serious mistakes that led to incorrect investigative results. radical deviation …
Read and review the 5-part series on the unfair case of Nguyen Thanh Chan. The series was published in Dan Viet in 2015.
Through the Nguyen Thanh Chan case and some other cases of injustice that the foreign contractor has reflected, how do you evaluate our procedures when such incidents occur?
– Objectively evaluate that in our country, the criminal situation is quite complicated, many cases occur but the fight against crime is generally good. Procedural investigative, prosecution, trial and trial activities must be experienced and the number of law-abiding cases is the majority.
Dr. Dinh Xuan Thao.
In addition, there are also some unusual cases, such as prolongation, the trial takes a long time, adjudicate over and over again, then the wrongly wrong case. These things are inevitable, I think all countries are. However, it is worth noting that, unfortunately, some cases of wrongdoing in serious cases, arrests, trials are high sentences, like 20 years in prison, life imprisonment or even a small death sentence, but Happening is very unfortunate.
The law is considered an effective tool both to suppress criminals and to prevent irregularities. So does our legal system guarantee close supervision between processing agencies?
– Talking about the law is very complete. In the criminal field, from the content law to the formality law (procedural law), it is strictly regulated, so it is implemented, but not according to the law, there is no guiding circular. In the course of proceedings, the law clearly prohibits things from being done such as a bow, bow, use of corporal punishment, or other impersonal acts for that matter. The problem is that the implementation, if it strictly obeys the law, guarantees the limit of errors.
The unfair case of Mr. Nguyen Thanh Chan (Bac Giang) has made public opinion urgent.
It is true that the law clearly stipulates, like those with the highest penalties, that defense attorneys have the right to participate from the beginning, but according to many attorneys, are they still difficult for the investigating agency?
– This is not yet strictly enforced. In our country, the participation of defense attorneys is mainly at the trial stage and litigation at trial. At the investigation stage, prosecution is not a case in which lawyers are involved from the beginning.
The provisions of the law here are not really open, they do not really create conditions for lawyers to defend the accused and the accused. The lack of regular and full participation of lawyers also affects the outcome of the process, injustice cases also have such causes.
In 2013, more than 2,400 people in criminal detention then transferred to administrative management, the police suspended the investigation of more than 5,900 people. There are opinions that this shows the abuse of the prosecution of the case, the prosecution of the accused, the urgent arrest, according to him, this is one of the causes that lead to illegal cases and conviction. ?
– The correct implementation of the provisions of the law requires the qualifications, capacity, knowledge and experience of the officials involved in the procedures. There are also cases where cadres, due to lack of knowledge, have not implemented the standards. In Vietnam, training courses have been held, exchanging experiences, which should not penalize administrative and civil relations. If you criminalize, you will violate the rights and interests of organizations and individuals.
On the contrary, it is not civilized either, the administrative administration of the criminal, must be the correct person, the correct sin. Heavy crimes that remove the effect of the law. The problem is that the qualifications and skills of the officials participating in the procedures must be improved.
Thank my Lord!
Member of the National Assembly Do Van Duong: must have specific supervision
In my opinion, not only the case of Mr. Nguyen Thanh Chan but also other illegal cases, it is also necessary to withdraw some documents to monitor them. If the injustice is wrong, then see why it is unfair, at what stage and who is the first wrong person, assigning responsibility.
In addition, cases of particularly serious cases, omission of crime or corruption, and particularly large cases, which are in the public interest, should also be withdrawn for supervision in order to resolve the situation. . Currently, we are busy at the National Assembly meeting, but we will enter judicial supervision, but this is difficult for the “experts”.
Lawyer Ngo Ngoc Thuy (Hanoi Bar Association): Assistant attorneys from the start
In my opinion, if the lawyer’s participation is facilitated from the beginning of the case, in the process, if there are errors, the help of the prosecution can be detected. Although lawyers and officials of the procedural bodies are important, the same point is to clarify the nature of the case, the right people, the correct crimes and legal protection.
Many defendants, who went to court, complained that the reason for pleading guilty at the investigation stage was due to a bow or corporal punishment. The court asked if there were reasons, such as asking them to cheat on them. To oversee the investigative agency, interrogations must be recorded, videotaped, and included in the case file.
Ngoc Luong (record)
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