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In the afternoon of May 11, at the end of the appeal court hearing on the abuse of trust in the appropriation of property against the accused husband and wife, Nguyen Van Lam, Pham Thi Quyet and the Ha Noi High Court They announced the cancellation of the first instance sentence to re-investigate Because there are many conflicts that have not been clarified.
In the impeachment section, the VKS representative said the case has many conflicts that have not been clarified. Specifically, after mortgaging the vehicle for the victim, the defendant wrote a document to sell and keep the role of the car for other people. The defendant claimed that writing the sale of the vehicle was forced, but the CQDT did not have a confrontation to clarify it.
According to a VKS representative, in court, Nguyen Xuan Duong (Duong “Nhue”) admitted having occupied the Lam Quyet company without the consent of the two accused, without declaring to the local government. The defendant alleged that the seizure lost documents, including a receipt for payment that the victim wrote.
The couple, Mr. Lan, decided to accuse the “imbued” Duong of occupying the business.
The VKS representative said evidence needs to be collected to clarify the fraudulent behavior of the two defendants. “To guarantee objectivity, the right people on the right, to avoid irregularities, propose to the Panel to cancel the first instance sentence to re-investigate, not to consider the appeals of the accused Lan, Decision or not” – said the VKS representative.
The Panel finds that the case still has many problems that need to be carefully evaluated and the details need clarification. Specifically, consider clarifying the legal status of Duong and his adoptive son Bui Manh Tien (“white” Tien).
The trial court authorities determine that Tang and Tien are inappropriate witnesses, but that they must be persons with related rights and obligations. The first instance did not consider that the status of participation in the Lam Quyet Company proceedings is not consistent with the law either.
According to the court, the couple, Mr. Lan and Quyet, have borrowed a large amount of money from many people, including two of the loans from the victim, who wrote down a car mortgage, had a loan agreement, a oral extension agreement.
The defendant claimed to have paid for the crime and wrote a receipt with the company, but the Tang group confiscated it. The court held that the testimonies of the two defendants were contradictory. The defendant Lette made a one-time payment at the company, the defendant decided to pay many times at the company.
The investigation process, the content of this payment is still very incomplete, it is necessary to clarify the time, the space, the place of payment, how to pay, who testifies, needs to confront the accused husband and wife. The husband is injured.
The defendant did not flee the debt, but after being taken by Tang, threatened to kill him, he must flee from the persecution of Tang. Therefore, it is necessary to investigate where the two defendants are going and whether they have to avoid the debt.
The Court requested the Thai Binh Province Procedural Restoration Agency to investigate the “Nhue” case by seizing, destroying and appropriating property at Lam Quyet Company.
According to the court, the Camry car seizure was found to be embezzled property. Thai Binh City Police inspected off-road unlicensed cars and brought them to headquarters as an administrative violation, unable to determine if this was the appropriate property in the case.
The fact that the Thai Binh City Police did not examine the scene concluded that there were no signs of crime was inappropriate. At the scene of a riot, there are signs of being destroyed. Many witnesses confirmed that Tang and his juniors expelled everyone and captured the company for 16 days.
The evidence is a recording file that the defendant submitted to the CQDT showing the contents of the phone call that Tang captured, forcing the defendant to assign the business to Duong. CQĐT did not organize a confrontation to clarify these contents.
The resolution of the case at the first instance level is incomplete, so the appeals court cannot solve it. The Court canceled the first instance sentence, transferred the records to the Thai Binh Province People’s Committee for further investigation.
The Court requested the Supervisory Board and the Thai Binh Province Police Department to cancel the decision not to prosecute the criminal case of the “Nhue” group that seized the business, restoring the investigation of the case that occurred at Lam Quyet Company .
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