12/12 noon, talk to Youth, a leader of the H. Dan Phuong People’s Court (Hanoi) said that the trial of Le Van Phu (i.e. Phu Le, 40, from Yen Bai) and young Hoang Van Thu (24, hometown En Yen Bai), Tran Van Tu (32 years old, from Thai Binh) on charges of intentional injury, is expected to open on December 15 will not be held, because the victim’s family has withdrawn the prosecution petition.
Dao Chi Le withdrew the application, Phu Le and his youth were released
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In addition to the suspension of the trial, the prosecution agencies also decided to suspend the case and release Phu Le and his subordinates.
The authorities took testimony from Phu Le
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Given this information, many people raised the issue of release, not opening the trial in the first instance of Phu Le and the subordinates of the prosecution H. Dan Phuong, is it faithful to the law?
In the opinion of lawyer Tran Xuan Tien, Head of Dong Doi Law Office, Hanoi Bar Association, the suspension of this case is in accordance with the criminal procedure law. This is the case of the prosecution at the request of the accused under the provisions of Clause 1, Article 155 of the 2015 Code of Criminal Procedure, according to which Phu Le and his young people are prosecuted for “intentionally causing injury or causing injuries “. harmful to the health of others ”in accordance with Clause 1, Article 134 of the Penal Code of 2015, modified and supplemented in 2017.
Tran Van Tu at the investigative agency
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In addition, Clause 2 of article 155 of the Criminal Procedure Code of 2015 specifies that, in the event that the petitioner withdraws his application, the case must be suspended. At the same time, according to Official Letter No. 254 / TANDTC-PC of November 26, 2018 of the Supreme People’s Court, in the first instance trial stage: the person who requested to process the criminal case withdraws his request before the opening of the hearing of first instance, the judge presiding over the judicial hearing shall, based on article 45 and section 1, section 1 of article 282 of the Code of Criminal Procedure, issue a decision to terminate the case.
In this case, although the time for the opening of the hearing has been set on December 15, in accordance with the previous provisions, the judge must decide to suspend the case, the trial will not necessarily be opened. This is the regulation in accordance with reality, avoiding waste of time for the procedural interveners and the people who carry out the judicial processes, responding to the request for judicial reform.
Phu Le’s Testimony: “I directed the feet of Dao Chile’s mother and aunt”
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According to the indictment, La Thuy Kieu (35, from Binh Luc, Ha Nam; wife of Phu Le) had a personal conflict with Ms. Tran Thi Dao (i.e., 30-year-old Dao Chile, who resides in the commune Hong Ha., Doan Phuong District). In order to “claim the right” to his wife, Phu Le asked young people everywhere to find and “occupy” Dao Chile, but failed.
On the evening of February 2, Phu Le gathered a group of young people to eat and drink at Den Lu Lake (Hoang Mai district, Hanoi). Here, Phu Le talked about going home to beat up Dao Chile’s relatives for the purpose of abuse, and assigned Thuy and Tran Van Tu (32 years old, H. Quynh Phu hometown, Thai Binh) to perform.
The security cameras recorded images of the young people of Phu Le attacking their mother and aunt “hot girl” Dao Chile
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On the morning of March 3, Thuy and Tu put on helmets, covered their faces, and rode a motorcycle to Dao Chile’s home in Group 9 (Hong Ha Commune, Dan Phuong District) to commit the crime. Along the way, the two subjects bought iron pipes as weapons at a store that sold construction materials.
Upon arriving at the house of Dao Chile, Ms. Nguyen Thi Nga (69 years old, mother of Dao Chile) and Ms. Nguyen Thi Be (67 years old, sister of Ms. Nga) were at home, Thuy and Tu used iron pipes to hit 2 victims. After committing the crime, the suspects fled along the Red River embankment road, towards the Bac Tu Liem district of Hanoi. On the way, 2 subjects took off their sun protection shirts and threw weapons to disembark.
Previously, Dao Chile accused the Phu Le couple for their minors of assaulting their relatives.
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