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Authorities experimenting at the scene of the accident – Photo: BL
Mr. Luong Huu Phuoc (55 years old, living in Dong Xoai City) is the defendant in the case. After the verdict, Mr. Phuoc took a pesticide and jumped upstairs to commit suicide at the Binh Phuoc Province People’s Court headquarters on May 29 because he thought it was an injustice.
Then, the Ho Chi Minh City High-Level People’s Court canceled the lower court ruling of the Dong Xoai City People’s Court and the appeal ruling of the Binh Phuoc Province People’s Court to re-investigate. Why is the decision of the CSDT Dong Xoai City Police Department as above?
“Enough confirmed Mr. Phuoc committed a crime “
Speaking with Tuoi Tre, Mr. Nguyen Cong Vang, Director of the Dong Xoai City People’s Protection Institute, said that recently, the Dong Xoai City Police Department investigated the traffic accident related to Mr. Luong Huu Phuoc.
During the re-investigation process, the investigating agency has clarified the issues raised by the cassation decision of the high-level People’s Court in Ho Chi Minh City. Since then, the CSDT’s Dong Xoai City Police Department believes that there are sufficient grounds to determine that Mr. Luong Huu Phuoc is in violation of the regulations on driving a road vehicle.
However, due to the death of Mr. Phuoc, the CSDT’s Dong Xoai City Police Department suspended the suspect’s investigation against Mr. Phuoc. At the same time, when re-investigating, the investigating agency determined that the case had only one defendant, Mr. Phuoc, there was no problem of neglecting the crime and not pursuing criminal responsibility with Lam Tuoi.
These contents are in the case file. Likewise, the decision to suspend the investigation of the accused or to terminate the case only indicates the reason for the suspension since “the person who has committed a dangerous act for society has died.”
Mr. Vang also explained that the investigating agency did not suspend the investigation of Mr. Phuoc’s defendants early because many related issues have not yet been clarified. However, after clarifying these contents, having sufficient grounds for the determination, the investigating agency will decide to suspend.
Mr. Vang also said that the Dong Xoai City People’s Protection Institute intends to coordinate with the Dong Xoai City Police to hold a press conference to inform the public.
The victim is having problems
Lawyer Nguyen Duy Binh (protecting the interests of people with related interests and obligations) said that with the previous decision to suspend the defendant or suspend the case, the investigation is over. However, at present, the lawyers and victims have not received notification of the results of the investigation, so they are unaware of the issues that have not been clarified, but it was expressed by the cassation decision of the judges of the Superior Court of Ho Chi Minh City Justice. the investigative agency clarified how.
Based on the suspension decision, it can be understood that the investigating agency believes that Mr. Phuoc is guilty and that Mr. Lam Tuoi is not guilty. A rather complicated legal question: how will compensation be resolved? Because the cassation decision of the Judicial Committee of the High Level People’s Court in Ho Chi Minh City canceled two appeals and first instance sentences of the People’s Courts at two levels of Binh Phuoc province to re-investigate.
And when there is no valid court judgment that finds him guilty, Mr. Phuoc is considered not guilty and cannot be held liable for compensation. In addition, for the compensation for damages, the victim must go to court in a civil case.
The case occurred on January 15, 2017 in Nguyen Hue Street, Tan Xuan District, Dong Xoai City. Mr. Phuoc rode a motorcycle to take Mr. Tran Huu Quy home. When he reached Nguyen Hue Street, Mr. Phuoc crossed the street. At that time, a Lam Tuoi motorcycle, born in 1997, struck and hit Mr. Phuoc and Mr. Quy was injured and hospitalized, then Mr. Quy died.
On May 9, 2017, the CSDT issued a decision to prosecute the case, prosecute the accused to investigate “the violation of the regulations on the conduct of road traffic.” During the trial trial, Mr. Phuoc was sentenced to 3 years in prison by the Dong Xoai City People’s Court.
Mr. Phuoc appealed the injustice. On the morning of May 29, 2020, after a 3-day appeal trial, the Binh Phuoc Province People’s Court issued a first instance judgment. Later, Mr. Phuoc returned to the Binh Phuoc Provincial People’s Court headquarters, jumped from the second floor to the ground and died.
