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Talking to PV Intellectual people, The Representative of the National Assembly of Lawyer Le Thanh Van – Ca Mau said that he made a direct request to the President of the National Assembly to propose to the Standing Committee of the National Assembly or the National Assembly to take supreme oversight of the case. The Ho Duy Hai project is attracting great attention and following from public opinion.
According to Mr. Van, the decision of the Supreme Court of Supreme Court Judges in the last cassation session was not satisfactory on the grounds that the VKSND Supreme Court made in the previous protest.
Furthermore, the decision of the Council of Judges will easily create a bad precedent later with the sentence “there are errors in the process but it does not affect the nature of the case”. From there it can lead to subjectivity, despise criminal procedure.
Member of the National Assembly Le Thanh Van (Photo: Quochoi.vn).
Mr. Van asked the National Assembly to supervise the argument “there are errors in the investigation process but it does not affect the nature of the case” that the Supreme Court of Judges has formulated. When the case has many violated procedures, it is necessary to be investigated again.
The representative of the National Assembly of the province of Ca Mau analyzed, could consider and apply the provisions of Article 404 of the Code of Criminal Procedure in requests, petitions and proposals to reconsider the decision of the Supreme Court of High Judges.
Specifically, Article 404 establishes: When there are reasons to determine a decision of the Supreme Court of Court Judges that has committed a serious violation of the law or discovered an important circumstance that can substantially change the content of the decision. that the Council of Judges of the Supreme Court does not know when making that decision, if so requested by the Standing Committee of the National Assembly, the Judicial Committee of the National Assembly, the Chief of the Supreme People’s Procuratorate proposed, the President of the Supreme Court The Supreme Court then requests that the Council of the Supreme Court of Judges hold a meeting to reconsider that decision.
If requested by the Standing Committee of the National Assembly, the President of the Supreme Court of the Supreme Court will inform the Supreme Court of Judges to review the decision of the Supreme Court of Judges.
In the event that the Judicial Committee of the National Assembly, the Head of the Supreme VKSND petition, the Supreme Court of Judges of the Supreme Court holds a meeting to consider said recommendation.
Article 40 of the Code of Criminal Procedure also stipulates that if the President of the Supreme Court of the Supreme Court requests it, the Judge of the Supreme Court of Judges shall open a meeting to consider said proposal.
Mr. Van analyzed: since the Chief Justice of the Supreme People’s Court issued a protest to cancel the sentence, the Chief Justice of the Supreme People’s Court chaired the last trial panel, the Judicial Committee of the National Assembly had opinions 2015, so the Standing Committee of the National Assembly can now monitor this case. From there, it is possible to request the Supreme Court of Judges to review the sentence.
In the same opinion, on the afternoon of 11/5, Dr. Duong Thanh Bieu, former Deputy Director of the Supreme People’s Court, stated that, according to the principle, the Supreme Court of Judges is the highest judicial body. This case can still be considered under article 404 of the Code of Criminal Procedure.
“If a decision of the Council of Judges commits a serious violation that is not detected during the trial, the Standing Committee of the National Assembly has the right to request, the Judicial Committee and the President of the Supreme VKSND propose the Council. The judge of the Court Supreme of the People “- said Mr. Bieu.
Earlier, Ms Nguyen Thi Loan (prisoner of death row mother Ho Duy Hai) sent a request to Le Thi Nga, Head of the Judicial Committee of the National Assembly. In the application, Ms. Loan mentioned about 5 years ago when the oversight delegation from the National Assembly led by Ms. Le Thi Nga met with her family. The report on the results of the case study then sent to the National Assembly concluded: “The Ho Duy Hai two-tier court’s conviction is not a strong enough basis, there are sufficient grounds for review of the appeal.”
Therefore, Ms Loan “once again urgently requested”, Ms Le Thi Nga made a request and informed the Standing Committee of the National Assembly to review the decision of the Supreme Court of Supreme Court Judges on 8 /5.
The Kha
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