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The Supreme People’s Court of Cassation rejected the appeal of the Ho Duy Hai case, but if the Standing Committee of the National Assembly requested clarification, the case could be reviewed.
The Supreme Court of Judges (HDTP) cassation decision went into effect on May 8: Ho Duy Hai’s death sentence (35 years, living in Long An) takes effect immediately. According to the procedure, this is a final decision, but it does not mean that the case ends, if the family continually complains.
According to lawyer Hoang Tung (Hanoi Bar Association), Ho Duy Hai is still waiting for the case to be reviewed. According to article 404 of the Code of Criminal Procedure of 2015, when there are reasons to determine that a decision of the Supreme Court of the People’s Courts violates a serious law, or an important circumstance is discovered, a fundamental change is required in the content of the decision. Decisions that the Supreme People’s Court does not know when making decisions.
If so requested by the Permanent Committee of the National Assembly, the Judicial Committee of the National Assembly, the Chief of the Supreme People’s Procuratorate proposes and the President of the Supreme Court of the Supreme People’s Court requests it, the Supreme People’s Court must call a meeting to review that decision.
At the request of the Standing Committee of the National Assembly, the President of the Supreme People’s Court is responsible for informing the Supreme People’s Court to review its decision. If the Judicial Committee of the National Assembly, the Chief of the Supreme People’s Procuratorate proposes, the SPC will open a meeting to consider the petition.
Currently, Hai still has the right to submit a request for amnesty to the President. If accepted, it could be reduced from the death penalty to life imprisonment.
In the same opinion, attorney Huynh Thanh Thi (Ho Chi Minh City Bar Association) said the case could be reviewed by Resolution of the Standing Committee of the National Assembly. Specifically, the Judicial Committee of the National Assembly must propose. “This is the last door for Ho Duy Hai. However, this is unprecedented. Hopefully, this case will be a special case to be considered and proposed by the Standing Committee of the National Assembly.” to clear up problems, “said lawyer Thi.
Defendant Ho Duy Hai at the 2009 appeal trial. Photo: Vu Mai.
Furthermore, according to lawyer Do Hai Binh (Ho Chi Minh City Bar Association), Ho Duy Hai still has a chance to escape the death penalty if authorities Discovering new circumstances that change the nature and truth of the case. For example, someone surrenders, confesses to being the true murderer, and provides objective evidence to determine the truth of the case. Or someone collects and provides new evidence to prove that Hai is not the author. The case will be resolved in accordance with the new trial procedure, as provided in article 398 of the Code of Criminal Procedure.
Regarding the Supreme Court of the People’s Court, he said that “when the President’s decision to reject the death sentence for the accused is in force, the Chief of the Supreme People’s Prosecutor’s Office has no right to appeal,” Mr. Vo Van Tai, Professor at the Ho Chi Minh City Prosecutor’s Office Professional Training School (former vice president of the Tay Ninh People’s Procuratorate) disagreed and said: “This is unprecedented and the law does not specify it.”
Mr. Tai analyzed, in accordance with the Constitution, the Law on the Organization of the People’s Courts and the CrPC Code, the court is the only agency with jurisdiction to hear all crimes in the territory of Vietnam and the highest level of review. it is the Supreme People’s Court. high This level has the right to review all legally valid trials in the country. In carrying out their functions, the judges who join the Council are independent, obey only the law and are accountable to the law for their decisions. As such, the agency responsible for judging the right people and the right people is the Court, not the President.
The Cassation Review Panel is comprised of 17 high-ranking judges chaired by Chief Justice Nguyen Hoa Binh. Photos: VNA.
For defendants who have been sentenced to death and the sentence has already taken legal effect, the mandatory procedure followed by the President or the President of the Supreme Court must issue a decision not to appeal the case in the order of the director or re-jurors , but the President is not required in all cases to have the decision to dismiss the defendant’s request for relief. Judgment enforcement law nor is it required to have the previous decision of the President of the record of execution of the death penalty.
“The President’s decision to deny or accept the application of the death sentence of the accused is only a humanitarian activity. The President’s decision is not a guarantee that the Court has judged well or not,” said Mr. Tai.
On the other hand, in principle, when it is determined that there is a serious error in the application of the law, or if there is a serious violation of the procedure that is in the interest of the accused, the President of the Supreme Court or the Supreme President will be responsible for appeal. conduct an appeal review to review legally effective judgments. The Code of Criminal Procedure is also not binding on the President’s decision to appeal.
Supposedly Ho Duy Hai, January 13, 2008 to the Cau Voi post office, where Nguyen Thi Anh Hong (23 years old) and Cousin Van (21 years old) work. Hai developed an intention to have sex with Ms. Hong, but was unable to, she and her brother were killed.
The Long An People’s Court and Ho Chi Minh City Supreme Court of Appeals have sentenced the defendants to death sentences. After many years of not being accepted for the reduced sentence and amnesty for the accused and Hai’s family, it went wrong.
On November 22, 2019, the Supreme People’s Court protested and asked the Supreme People’s Court to carry out the review of the cassation of the case in order to cancel both sentences, but it was not accepted.
Hai Duyen – Ba Do
