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LTS: The Supreme Court of Justice’s review of cassation in the Ho Duy Hai case recently caused mixed opinions on many issues related to criminal proceedings.
To broaden public opinion, we had a discussion with the lawyer, the member of the National Assembly Truong Trong Nghia on these issues with different interpretations.
Lawyer – Member of the National Assembly (MPH) Truong Trong Nghia said the Supreme Court of Judges’ appeal decision in the Ho Duy Hai case is causing great concern to the public.
The nature of the case cannot exist outside the evidence.
. Reporter: Sir, the Supreme Court Council of Judges voted and 17/17 judges agreed that the Ho Duy Hai case had procedural errors but did not change the nature of the case
+ MPA Truong Trong Nghia: In my opinion, in one case, especially in a complicated case, there must be sufficient evidence, indirect and direct, not controversial, or according to criminal law in many countries, it is “without any doubt”. beyond a reasonable doubt, to conclude the nature of the case. The nature of the case cannot exist before the evidence, it exists outside the evidence.
If the evidence is insufficient, weak and incorrect (expressed through the appeal decision of the Supreme People’s Procuratorate and the opinion of the judicial committee), it is necessary to investigate to clarify the nature of the case. If, respecting the principle of “innocent conjecture”, the procedure becomes “guilty”, it is unconstitutional.
Indirect evidence does not really exist in the CrPC. Article 86 of the CrPC 2015 establishes: “The evidence is real, collected in the order and procedures prescribed by this Code, used as the basis to determine whether or not there are criminal acts, people committing criminal acts and other facts that are significant in the resolution of the case “.
In the course of an investigation, prosecution and adjudication, there are times when no direct sources of evidence are available, and investigative and prosecuting agencies must investigate and reproduce facts from indirect sources of evidence related to criminal acts. From these sources of Indirect evidence, investigators and prosecutors must produce evidence that fully meets the criteria and criteria on the evidence provided in the CrPC. If the prosecution’s accusation of evidence does not meet the prescribed criteria and criteria, it cannot be charged.
Not to mention that the death penalty, based on indirect evidence, is very dangerous, because if it is wrong, it can no longer be corrected. Typical cases of injustice such as Nguyen Thanh Chan, Huynh Van Compression, Han Duc Long, seven youths in the Tran De (Soc Trang) district … lack evidence and are weak, therefore they are charged based on the statement of the accused. So everyone is determined to be unfair.
The Vice President of the Supreme Court of the Supreme Court, Nguyen Tri Tue, on behalf of the Council of Judges, announces the review of the appeal in the Ho Duy Hai case. Photo: VNA
Attorney Tran Hong Phong (right) and family of death row inmate Ho Duy Hai. (Photo provided by LS)
The Supreme VKSND’s decision to appeal is not incorrect in terms of procedure.
. The Council of the Supreme Court of Judges voted and said that the President’s decision to reject Ho Duy Hai’s death sentence request is in force, so the Supreme People’s Supreme Court’s decision to appeal is not legal. What is your opinion on this?
+ First, protest is the duty and authority under the constitutional function of VKS to exercise the right to prosecute and control judicial activities (article 107 of the 2013 Constitution and articles 2, 3 and 4 of the Law of VKSND Organization 2014).
The Supreme Court with its jurisdiction is still subject to the judicial control of the Supreme VKSND. And note that the head of the Supreme VKSND is elected by the National Assembly similarly to the President of the Supreme Court. The foregoing functions and duties are aimed at realizing the principle that “the power of the State is unified, with the assignment, coordination and control between state agencies in the exercise of legislative and executive powers. Judicial”, stipulated in Article 2 of the 2013 Constitution. This is also the implementation of the Party resolution against abuse of power.
. So, according to him, is this appeal against the law?
+ In my opinion, this appeal decision is not incorrect about the procedure. If the President accepts the request for amnesty from prisoners under sentence of death, that decision does not mean that the death sentence is incorrect, but, I understand, have time to review a man’s death sentence. This is a humane act by the head of state when reviewing an application for a death row inmate. Review of this application does not affect true and false judgment.
There is also no provision when the President rejects or accepts an application, so the Supreme People’s Court (Supreme Court) may not appeal if it deems it necessary. Because appeal by law is the right of those agencies.
Therefore, in Article 2 of Article 379 of the CrPC, “protests in favor of the condemned can be made at any time, even in the case of the condemned dead and must be justified.” Therefore, in accordance with Article 379, the Supreme VKSND has the right to decide to appeal to replace the previous decision not to appeal, even if the convicted person has died.
The cassation review decision by one hand, right or wrong?
. Is it legal to vote (deliberation) by raising your hand in the cassation procedure?
+ In my opinion, this is not bad. The important thing that the Supreme Court of Judges has up to 17 judges is that you debate and debate to eventually vote in the cassation procedure. This is not an internal judicial meeting, but a public appeal review. At this hearing, each judge is not in the position of a judicial branch official, but a member of the highest judicial organization in the name of justice, in the name of the country’s constitution and laws.
In many countries, the results of the Panel vote, the Council of Judges does not reach 100% is normal, because the birth of these councils is to facilitate discussion, debate different ideas, of which Find the truth and objective truth .
The composition of the Council of Judges of the Supreme Court consists of those who have a very high education and have a long experience in the profession. With cases like these, controversial opinions are understandable. I’d love to read your discussion and debate minutes for more information. And if the National Assembly has supreme oversight, this is also the basis for broadening the line of consideration.
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Congress should oversee this case . Reporter: Sir, you were involved with the Judiciary Committee overseeing the case, so what do you think about this case? + MPA Truong Trong Nghia: The issue of the Judicial Committee, including myself and some members of Delta, is not “saving Ho Duy Hai” because “it was unfairly”, as some comments on social media say. What we are looking for: the prosecuting agency must ensure the provisions of the CrPC and the CrPC when hearing cases, the most important thing is the principle of “innocent trial” and the trial must have evidence from the guests. official and complete. In the Ho Duy Hai case, the agencies conducting the proceeding made many mistakes in the investigation, prosecution and trial process. Since then sentenced to death of Hai with indirect evidence, evidence that is wrong, missing and weak (such as the opinion of the Justice Committee and the Supreme People’s Procuratorate). Therefore, it is necessary to conduct the investigation again in accordance with the law. The results of the investigation and proceedings may further affirm that Ho Duy Hai is the culprit, or may exonerate him, but the investigation and proceedings will show the severity and humanity of the justice system. before a death sentence with much controversy and mixed opinions from high-ranking agencies in our state. The Supreme Court of Justice decision of the last Supreme Court has details and arguments that are not convincing and may leave a precedent incompatible with the principle of “innocent judgment” that the CrPC specified. Therefore, MPH Le Thanh Van proposed that the National Assembly should supremely supervise this case. I agree with this suggestion. |
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