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For the past 10 years, Mr. Nguyen Van Hinh has diligently submitted his request to the authorities to appeal for himself.
Following a property theft, Mr. Nguyen Van Hinh, a cashier at Tan Lap Farm (Hamlet 5, Tan Lap Commune 1, Tan Phuoc District, Tien Giang Province), was arrested and detained for 9 months and then arrested . prosecution, sentence and imprisonment for … misappropriation of property.
Mr. Hinh was accused of creating a bogus robbery scene to “embezzle property”, but unexpectedly, after his sentence ended, the real thief was revealed. For almost 10 years, he carried a “knock on the door” form everywhere to attract him …
From treasurer to … “cunning criminal”
“On the morning of October 21, 2002, at the Tan Lap Farm belonging to the Tien Giang Fruit and Vegetable Joint Stock Company, where I worked as a cashier, the safe was stolen and broken for almost 170 million VND.
That was also the time when my life entered dark days. From an enthusiastic party member, I became a “cunning criminal,” according to the indictment, “Nguyen Van Hinh (53, lives in Tan Ly Dong commune, Chau Thanh district, Tien Giang province) sour At the beginning of the sad story of my life.
After the robbery occurred, the Tien Giang Province Police Department invited Mr. Hinh to “cooperate in the investigation” and then detained him for 9 months.
On July 22, 2003, the Tien Giang Province People’s Protection Institute charged Mr. Hinh with “misappropriation of property” with “cunning and dangerous” tricks. Specifically, the indictment read: After committing the crime, Hinh falsified the scene of the theft of funds to conceal the seizure of the property by breaking glass windows, breaking metal frames. the vault room window and then remove the window and throw it into a ditch about 20m away …
It is worth mentioning that at this time, the police also discovered that Dong Ngoc Diep (born 1981, living in Tan Huong Commune, Chau Thanh District, Tien Giang), a resident living near the scene of the robbery , there were many indications of ignorance related to the theft. Specifically, on November 4, 2002, the police station invited Diep to work, but then he fled.
“After being arrested, the investigating agency forced me to admit that I had set up the false robbery scenario to conceal the act of embezzlement with an amount of more than 31 million VND. At the same time, I had to pay full compensation. The thief stole the money from the safe, “Hinh said.
Regarding the amount of more than 31 million VND that Mr. Hinh was charged with “misappropriation of property”, Mr. Hinh explained: “Before the robbery happened, I borrowed 31,911,000 VND from the farm. This is the amount I cashed in. “It is important that you have returned this money to the safe before the robbery occurred.”
In September 2003, the People’s Court of Tien Giang Province sentenced Mr. Nguyen Van Hinh to three years in prison (suspended sentence) for “embezzlement of property”.
Theft is real
After serving his sentence, Mr. Hinh’s family fell into poverty. The land must be sold to pay “repair money” to the farm according to the judgment. Mr. Hinh himself, after 9 months in detention, became ill and could no longer be healthy enough to work, but due to economic exhaustion, he still had to work as a construction worker to support his wife and children.
He appeared to have a lifetime of injustice, but unexpectedly, on July 30, 2009, the Tan Phuoc District People’s Court brought defendant Dong Ngoc Diep to trial for property theft. And Diep was guilty of the theft of money at Tan Lap Farm on the morning of October 21, 2002, the theft that the investigating agency accused Mr. Hinh of “creating a fake robbery scene to hide the embezzlement” . active”.
According to Diep’s testimony, around 1:00 a.m. on October 21, 2002, Diep rode his bike to Tan Lap Farm, broke the glass door to the vault, then reached in and opened the door, then robbed around 175 million VND in the safe. Go home to hide.
At that time, Diep announced that he won the lottery and used the stolen money to buy a motorcycle, build a house, build a welfare bridge … On November 4, 2002, when the commune police received an invitation From work, knowing that the incident was revealed, Diep hugged the rest of the money and fled.
Dong Ngoc Diep was later sentenced to 4 years in prison by the Tien Giang Province People’s Court for “property theft”, combined with the previous 4-year prison sentence of the Phan Thiet City People’s Court (Binh Thuan ) of 8 years in prison. In civil matters, the court charged Diep with returning more than VND 169 million to Tien Giang Fruit and Vegetable Joint Stock Company.
Therefore, the verdict states that Mr. Hinh is not a “cunning thief” who “staged a false robbery scene to commit the act of property appropriation”.
“Embezzlement” of money never lost?
After the judgment went into effect, Tien Giang Vegetable Joint Stock Company has returned to Mr. Hinh the amount of more than VND 169 million that the previous court judgment required him to “overcome the consequences of the crime” for the company.
But my honor was lost; my land and possessions had to be sold cheaply due to incomplete investigations by the authorities.
Almost 10 years ago, I took the petition everywhere to ask the chief judge of the People’s Court, the director of the High-Level People’s Court, to consider the cassation appeal as justified but not accepted, “Hinh said.
Why didn’t the prosecution consider Mr. Diep’s claim? According to the argument of the Supreme People’s Court, the People’s Court of Tien Giang Province convicted Mr. Hinh of “embezzlement of property” in the amount of more than 31 million dong and the amount of money stolen by Dong Ngoc Diep is two different things.
Because the amount of 31 million dong, Mr. Hinh was blamed for “misappropriation of property” was the collection of interest from the contracted households to the bank, but he did not pay it to the agricultural fund but used it for personal purposes. .
Therefore, the Tien Giang Province People’s Court tried him for embezzlement and forced him to repay this amount in accordance with the law. And the 169 million dong due to the defendant’s theft is the real money in the cashier’s safe, this amount has nothing to do with the money that Mr. Hinh embezzled.
In this regard, lawyer Cao Minh Triet (Tien Giang Province Bar Association) said: “In my opinion, the Supreme People’s Prosecutor’s Office believes that the amount of embezzlement exceeds VND 31 million and the amount of money that The defendant has stolen two amounts, because the amount of more than 31 million dong that Mr. Hinh put in a safe is part of the total amount of more than 169 million dong that Diep stole.
Attorney Triet demonstrated: “After the theft was discovered and judged, Tan Lap Farm has compared the data and proof of the total amount in the safe with the amount stolen, the farm does not lose a penny.
Therefore, on the basis of this objective truth, in my opinion, interested bodies should consider protesting the cassation review in the direction that Mr. Hinh does not embezzle to restore honor to the person and the family from Mr. Hinh “.
Theft Suspected Progress but ignored
At approximately 1:00 AM on October 21, 2002, Tan Lap Farm was stolen 169 million dong. After that, Mr. Hinh was arrested because the investigating agency thought that he deliberately created a fake robbery scene to hide the crime of embezzlement of VND 31 million.
On November 4, 2002, Dong Ngoc Diep was suspected of the theft. The commune police received a job offer, but Diep escaped. However, the investigative agency did not go on to clarify whether Diep was the culprit or not.
In July 2003, Mr. Hinh was charged with embezzlement. In September 2003, Mr. Hinh was sentenced to 3 years in prison, but a suspended sentence was imposed for the aforementioned crime, after being detained for 9 months.
In 2009, Dong Ngoc Diep was suddenly arrested and put on trial for carrying out the aforementioned robbery. At this time, he revealed the truth, Mr. Hinh did not “create a fake robbery scene to hide the act of embezzlement.”
