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Ho Duy Hai’s mother, aunt and younger sister wait outside the Supreme Court headquarters during the days of the cassation trial – Photo: NAM TRAN
On May 10, Ms. Nguyen Thi Loan (mother prisoner of death row Ho Duy Hai) sent a request to Le Thi Nga, Chairman of the Judicial Committee of the National Assembly.
Confirm with Youth online, Loan’s family and lawyer Tran Hong Phong (Ho Duy Hai’s legal advocate), said the request was submitted in the hope that the decision of the Supreme People’s Court Council of Judges will be reconsidered. .
In the request, Ms. Loan wrote that she cannot forget the moment 5 years ago when the oversight delegation from the National Assembly led by Ms. Nga met with the family. The report on the results of the case study to the National Assembly concluded: “The sentence of the two-tier court Ho Duy Hai is not a solid enough basis, there are sufficient reasons for the review of the appeal.”
In recent days, Ms. Loan went to Hanoi to await news of the trial of the trial of her son’s case who was convicted of “murdering” and “stealing property”.
The Council of Judges rejected the appeal of the Supreme People’s Procuratorate, the cassation decision confirmed the sentence against Ho Duy Hai.
In the request, Ms. Loan also said that after the Council of Judges announced the decision, there were many conflicting opinions and her family “completely fell apart.”
Therefore, Ms. Loan submitted a request to the head of the Judicial Committee to “request once again” Ms. Le Thi Nga to make recommendations to the competent authorities and report to the Standing Committee of the National Assembly for their consideration. new decision of the Supreme People’s Court of Justice.
At the same time, Ms. Loan proposed to consider important details of the case presented by attorney Tran Hong Phong, which, according to her, was not objectively reviewed by the Council of Judges.
In accordance with article 395 of the Code of Criminal Procedure, the validity of cassation decisions derived from the date of issuance of a decision, specifically in the case of murder and theft of property at the Cau Voi post office, is the dated May 8, 2020.
However, many legal experts still have the opportunity to review the decision of the Supreme Court of People’s Judges under article 404 of the Code of Criminal Procedure, if this decision is found to seriously violate the law. .
Consequently, if so requested by the Permanent Committee of the National Assembly, the Judicial Committee of the National Assembly, the President of the Supreme People’s Procuratorate makes recommendations, the President of the Supreme Court of the People’s Court requests the Council of Judges of the Court to The Supreme People’s Committee will open a meeting to review the decision if there are reasons to determine that the decision of cassation seriously violates the law or to discover an important fact that may substantially change the content. a decision, which the Council of Judges does not know in making that decision.
At the same time, Article 404 establishes: “If the Permanent Committee of the National Assembly requests it, the President of the Supreme People’s Court shall inform the Council of Judges of the Supreme People’s Court so that it reconsiders the decision of the Supreme People’s Court. Judges Council of the Supreme People’s Court.
If the Judicial Committee of the National Assembly, the head of the Supreme People’s Procuratorate makes recommendations, the Council of Judges of the Supreme People’s Court will open a meeting to consider said recommendation.
If the President of the Supreme Court of the Supreme People’s Court requests the proposal, inform the Council of Judges of the Supreme People’s Court to open a meeting to consider the proposal. ”
However, in accordance with article 404, if the sentence is reviewed, it will still be reviewed by the Council of Judges of the Supreme People’s Court, so the evaluation of the evidence or the violation of the cassation decision must be very cautious.
