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After a day of trial, the panel announced a lengthy deliberation and is expected to be sentenced this afternoon, December 16.
Previously, the VKS representative said that strict judgment was necessary to deter and isolate the defendant from society for a time. However, according to the VKS representative, Phong sincerely confessed and testified in court, requesting the Panel to partially reduce the sentence for the defendant. The institute proposed to the Panel to fine Phong from 6 to 7 years in prison and, at the same time, accused the defendant of compensating Mr. Thuong with more than 477 million VND, indemnifying Ms. Huong for 1.4 billion by VND.
The defendant Nguyen Tran Hoang Phong in court. Photo: PHUONG LOAN
In court, the defendant confessed to using a fake driver’s license and identification card from a man named Sang. After the accident occurred, on the road from Da Lat to Ho Chi Minh City, the defendant threw these papers.
The defendant said that while he waits for the court to notarize the name of the apartment building to buy with the mother in installments, now there is no other property to be held liable for the damage.
Defendant Phong said that while he waited for the court to notarize the name of the apartment building to purchase it with his mother in installments, he now has no other assets to be liable for the victim. Photo: PHUONG LOAN
In response to the court, Ms. My (the defendant’s mother) filed when she heard that the compensation was too great, she thought she would take the house to mortgage to the bank in exchange for compensation. However, because the house did not have a red book, no bank accepted, so she transferred the name of the house to someone else (?!).
Lawyers protecting the legitimate rights and interests of victims said that VKS should apply more details that do not help the victim after an accident occurs to the defendant. The defendant also admitted to fleeing the scene, removing the SIM from the phone and asking people who knew of the incident to delete the clips to avoid detection by investigating agencies. The above acts are sufficient reason to apply this fact to the accused …
The direct collision of the defendant Phong resulted in the death of the driver by Le Manh Thuong, with Ms. Nguyen Thi Bich Huong being 79% injured. Photo: PHUONG LOAN
According to records, at 5 a.m. on January 30 (Canh Ty’s sixth day of the New Year), Ms. Nguyen Thi Bich Huong ordered a motorcycle through the Grab app to go to work. As soon as the car pulled her out of the house, a seven-seater Mercedes in the opposite direction suddenly turned left, ran at 84 km / h, and crashed directly. The driver of the car called an ambulance and then left the scene.
Two days later, Phong, the driver of the Mercedes mentioned above, gave up. The motorcycle taxi driver, Mr. Le Manh Thuong (SN 1956), died from multiple serious injuries. Ms. Huong was lucky to escape, but was injured 79%.
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Deal with the spread of property One of the unusual problems in this case is that the defendant has quickly signed half of the house to the defendant’s mother, notarized. This is considered an act of dispersal of property in order to evade legal compensation obligations. According to Article 44 of the Notarization Law, in case Phong is detained, if notarization is required, notarization can be done in detention center. Therefore, it is normal for notaries to enter the field of notaries. If the system verification, network link, transferred notarized assets are not blocked, according to regulations, certification is normal. However, normally notaries will also use their professional experiences, vital capital, knowledge … to decide whether or not to notarize. For example, the notary public of the detention center will know who is the transaction, what is the obligation … During the process, Phong did not compensate the victim but only sold goods, which showed clearer signs of dispersal of assets, evading obligations. Notarization contracts usually accompany: “The parties agree to carry out transactions in accordance with the law, not to disperse assets” … it is just a form of cliché, a situational measure so that the parties are safe. In the future, if there is something illegal, it must also be resolved by law. The person involved (such as the person entitled to compensation) has the right to bring a civil action against the court for a notarial cancellation of the contract of sale in this detention. At the same time, in the current criminal court, they have the right to request the court to make a decision to prevent, apply urgent temporary measures to that dwelling. Furthermore, when defining a transaction in order to disperse assets, evade obligations, notarization is not in accordance with the law, the notary has the right to request the court to declare the transaction invalid. This is one of the remedies, correct mistakes …
Notary NGUYEN THANH LUONG, Tien Giang Province Notary Public Association Criminal dilemma for the accused of renting a car Regarding the criminal processing of the person who rents a vehicle, article 264 of the Penal Code establishes: Person who yields to a person who knows that he or she does not have a driver’s license or is in a state of alcohol or beer consumption but is in blood or breath. having alcohol in excess of the prescribed level, using narcotics or other strong stimulants or not complying with other conditions prescribed by law driving a vehicle in road traffic causing harm to people another. In fact, it is difficult to prove that the rental car does not know that the tenant does not have a driver’s license or uses false paper, except (possibly) acquaintances, relatives … Defendant Phong used a fake driver’s license and identification card when renting a car. The current law also does not stipulate the responsibility to force the rental company to know (by inspection) that the customer’s papers are false at the time of renting a car. In practice, car rental companies will keep photocopies of the documents. Therefore, according to the development of this case, it is very difficult to consider the criminal responsibility of the accused for renting a car. Regarding civil liability for compensation, the owner of the vehicle is the source of extreme danger and is responsible for compensating when the vehicle causes an accident. However, according to Clause 2 of Article 601 of the Civil Code of 2015, this car was rented by the defendant Phong to be driven by himself, under a contract, so the responsibility for compensation remains with this defendant . lawyer NGUYEN DUY QUANG, Ho Chi Minh City Bar Association |
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