Judgment No. 124/2020/HS-ST dated may 7, 2020 on forgery of authority documents

PEOPLE’S COURT OF HA LONG CITY, QUANG NINH PROVINCE

JUDGMENT NO. 124/2020/HS-ST DATED MAY 7, 2020 ON FORGERY OF AUTHORITY DOCUMENTS

On May 7, 2020, the People’s Court of Ha Long City publicly holds the first instance hearing of the accepted criminal case No. 111/2020/TLST-HS dated February 25, 2020 according to Decision to bring the case into trial No. 97/2020/QDXXST-HS dated March 3, 2020; Decision on court adjournment No. 14/2020/HSST-QD dated March 17, 2020 and Decision on court adjournment No. 31/2020/HSST-QD dated April 8, 2020 for the defendant:

Nguyen Duc K; born on August 14, 1959 at District T, Hai Duong Province; Residence: Hamlet A, Commune H, District T, Hai Duong Province; Occupation: None; Education level: 10/10; Ethnic group: Kinh; Gender: Male; Religion: None; Nationality: Vietnamese; Child to: Mr. Nguyen Duc T and Mrs. Nguyen Thi L (both deceased); Married to Mrs. Nhu Thi H and had 2 children; Criminal record: None; Currently under Prohibition from leaving residence until the first instance trial ends. Present.

* Eyewitnesses:

1/ Cao Duong D, born on 1973. Residence: Hamlet T, Commune T, District T, Hai Phong City. Trial in absentia, no reason given;

2/ Le Huy T, born on 1985. Residence: Hamlet A, Commune T, District B, Hai Duong Province. Trial in absentia, no reason given;

3/ Nhu Thi H, born on 1961. Residence: Hamlet A, Commune H, District B, Hai Duong Province; Present.

THE CASE

According to the case files and the trial, the case can be summarized as follows: In approximately March, 2014, on a coach from Hanoi to Hai Duong, Nguyen Duc K was aware that Cao Duong D could forge documents to allow others to go abroad and exchanged phone number to contact if necessary;  Later K was informed that Le Huy T who had been to Russia as a guest worker and expelled back to Vietnam needed to return to Russia to work without using T’s real name and asked by T to forge documents thereby allowing T to visit Russia as a guest worker. K agreed and called D to talk about T wanting to forge documents while asking to meet D at K’s house in Hamlet A, Commune H, District T, Hai Duong Province for face-to-face conversation with T. At the defendant’s house, D and T reached an agreement on forging an ID card at a price of USD 1,000, K did not participate in the agreement nor benefit from the affair.  After receiving USD 500, photos and ID card of T, D use the real ID card No. 100896394 belong to Lam Quang Th that D had picked up earlier, peeled off the original photo of Th, applied T’s photo and compressed. D and T were arrested while applying for passport at the Police Authority of Quang Ninh Province.

According to Assessment conclusion No. 72/2014/GDTL dated March 17, 2017 of Department of Criminal Techniques of Police Authority of Quang Ninh Province: the red “Quang Ninh Province Police” seal, signature of Director of Quang Ninh Province Police and the ID card template No. 100896394.  The photo in the ID card was not cut using the photo cutter currently under management of the PC64 Department.  Fingerprints of the right index finger and the left index finger on the ID card No. 100896394 named Lam Quang Th and fingerprints of the right index finger and the left index finger on the template named Le Huy T formed on March 12, 2014 do not belong to the same person.

Investigating Authority of Quang Ninh Province Police has prosecuted and the People’s Court of Quang Ninh Province has sentenced Cao Duong D to 2 years of imprisonment and fined Le Huy T VND 20,000,000 which was transferred to the State budget for “Forgery of authority documents” according to Article 267 of the Criminal Code 1999 under Judgment No. 137/2014/HSST dated November 24, 2014. On July 29, 2014, the Investigating Authority of Quang Ninh Province Police issued Warning against Nguyen Duc K; on October 22, 2019, the defendant turned themselves in.

Indictment No. 82/CT-VKSHL dated February 20, 2020 of the People’s Procuracy of Ha Long City prosecuted defendant Nguyen Duc K for “Forgery of authority of documents” pursuant to Clause 1 Article 341 of the Criminal Code 2015.

The defendant admitted the offence as stated in the case, the prosecution and trial is against the right individual for the right offence and obligations, rights and declaration of judgment have been effectively complied with;  After the offence had transpired, the defendant worked away from home thus was unaware of the warning and after having been informed by their family, the defendant admitted the offence and solicited leniency due to old age.

Eyewitness Cao Duong D stated: on November 12, 2013, while on the coach from Hai Duong to City H, while at Hospital V - T in Ui City of Quang Ninh Province, D picked up a wallet containing VND 210,000 and 2 ID cards named Doan Cam T and Lam Quang Th. By talking with a friend named D1 who specialized in rapid passport services and knew about lamination of ID card, D thought of ways to forge ID cards. At the beginning of 2014, while on the coach from Hanoi to Hai Duong, D acquainted, learned that K had recently returned from Russia and introduced that his name was D and capable of forging ID cards (specifically changing name) to enable expelled individuals to travel abroad. K mentioned during the conversation about a nephew who had wanted to return to work abroad and collected D’s phone number for contact if necessary. Mr. K later invited D to visit his house while calling his nephew, Le Huy T, over, T gave D USD 500, T’s ID card and 4 photos to forge ID cards; while at K’s house, only D and T discussed about forging ID cards for a price of USD 1,000, K did not participate in the affairs. On March 11, 2014, D applied photo of T on ID card of Lam Quang Th in order to trick the Immigration Department – Quang Ninh Province into issuing forged passports to allow T to travel abroad. Despite knowing about illegitimacy of the act, D intentionally committed the act for personal gain. Le Huy T stated: at the end of March, 2014, he wanted to visit Russia as a guest worker and was introduced by defendant K to Cao Duong D in order to produce forged passports at a price of USD 1,000. The price for passports was agreed upon by T and D, K was in no way related to this agreement. T handed USD 500, photo and his ID card to D in advance while at K’s house. On March 11, 2014, D gave T the ID card No. 100896394 named Lam Quang Th, born on 1985. Permanent residence: Neighborhood 1, Thanh Son, Uong Bi, Quang Ninh which had photo of T applied on, D also filled in an application for issuance of passport in advance and T only had to sign the application as “Th”. During application for passport, T was caught due to discrepancies between information in the application and his personal background.

Eyewitness Nhu Thi H stated: in the evening of early 2014, Le Huy T and Cao Duong visited her house for dinner and conversation. H was not aware of the contents of the conversation between T and D, it was not until early 2019 that H informed Mr. K to present at the authority.

At the trial, representative of People’s Procuracy of Ha Long City retained their prosecution decision requested pursuant to Clause 1 Article 341; Point i and Point s Clause 1, Clause 2 Article 5; Article 17, Article 58 and Article 65 of the Criminal Code to sentence Nguyen Duc K from 6 to 9 months of imprisonment in form of probation sentence, trial period shall ranges from 12 to 18 months and starts from the date on which the first instance judgment is declared.

JUDGMENT OF THE COURT

Based on the case and case files tried at the trial. The trial panel deems:

[1] Regarding proceeding and decision thereon: Investigating authority of Police authority of Ha Long City, investigators, People’s Procuracy of Ha Long City and procurators have fully complied with the Criminal Proceeding Code in terms of entitlement and procedures and ensured rights and obligations of individuals participating in the proceeding; no complaints about affairs and decisions of legal preceding authority and officer. Thus, all acts and decisions on proceeding carried out by legal proceeding authority and individual are legitimate.

[2] Regarding damnatory evidence: Confession of the defendant to forge documents of authorities is consistent with statements of the eyewitnesses, interrogation records and Assessment conclusion.

Thus, it is well-grounded to conclude: in approximately March, 2014, at his house in Hamlet A, Commune H, District T, Hai Duong Province, Nguyen Duc K introduced Cao Duong D and asked him to forge an ID card for Le Huy T. On March 11, 2014, T applied for a passport using the forged ID card at Quang Ninh Province to where he was caught red-handed.

The defendant has thereby committed “Forgery of authority documents” specified under Clause 1 Article 341 of the Criminal Code 2015 in Viet Nam:

1. An individual forging seal(s) or document(s) of an agency or authority or use a forged seal or forged document to violate regulations and law shall incur a fine ranging from VND 30,000,000 to VND 100,000,000, subject to up to 3 years of non-custodial reform or from 6 months to 2 years of imprisonment.”

Upon prosecution, defendant Nguyen Duc K is prosecuted for “Forgery of authority documents” according to Article 267 of the Criminal Code 1999 in Viet Nam but Clause 3 Article 7 of the Criminal Code 2015 is adopted to benefit the defendant, thus the People’s Procuracy of Ha Long City prosecutes and requests adoption of law and penalties against the defendant on a legitimate basis. Cao Duong D and Le Huy T have been tried under Judgment No. 137/2014/HSST dated November 24, 2014, thus the trial panel no longer mentions.

[3] Nature and severity of the offence: The defendant’s offence has violated normal operation of agencies and authorities in state management. The fact that the defendant was aware that forging ID card for T was to trick the authority but still introduced D showed underestimation of regulations and law and must be tried as per the law. However, considering their relationship with D and T, K is an accomplice without profit, the defendant has defined residence and is found unnecessary to be enforced a prison sentence and probation sentence to be safe for society, social security, order and safety showing leniency of the law.

[4] Regarding aggravating circumstances and mitigating circumstances.

Regarding aggravating circumstances: None; Regarding mitigating circumstances: the defendant hastily confessed and showed remorse; committed for the first time and committed a less serious case; voluntarily confessed and is an elderly; was awarded with 2^nd grade Glorious Fighter medal by the President in 1997; was awarded certificate for excellent achievement by the Vietnam Red Cross Society in 1999 which are mitigating circumstances according to Point i and Point s Clause 1 and Clause 2 Article 51 of the Criminal Code.

 [5] Regarding monetary penalty: the defendant has no stable income thus shall not be adopted.

[6] Court fee: the defendant shall incur court fee as per the law.

For all reasons above,

HEREBY DECIDES

Pursuant to Clause 1 Article 341; Point i and Point s Clause 1 and Clause 2 Article 51; Article 17, Article 58 and Clauses 1, 2, and 5 Article 65 of the Criminal Code.

Hereby declare: Nguyen Duc K is guilty of “Forgery of authority documents”.

Hereby sentence: Nguyen Duc K to 9 months of imprisonment in form of probation sentence and trial period of 18 months starting from the date on which the first instance judgment is declared.

Assign defendant Nguyen Duc K to People’s Committee of Commune H, District T, Hai Duong Province for supervision and re-education during trial period; the defendant’s family is responsible for cooperating with People’s Committee of Commune H, District T, Hai Duong Province in educating the defendant. In case the defendant changes place of residence, comply with regulations and law on enforcing criminal judgments. During the trial period, if the defendant intentionally violates obligations stated by the Law on Enforcement of Criminal Judgments in Viet Nam more than 2 times, the Court may compel Nguyen Quoc H to serve the imprisonment sentence of this judgment.

Pursuant to Article 331, Article 333 and Clause 2 Article 136 of the Criminal Proceeding Code in Viet Nam; Resolution No. 326/2016/UBTVQH14 in Viet Nam dated December 30, 2016 of the Standing Committee of National Assembly on court fee and collection, exemption, submission, management and use thereof.  The defendant is compelled to a first instance court fee of VND 200,000.

The judgment is declared publicly at the defendant’s presence, the defendant has the right to appeal the judgment within 15 days from the date on which the first instance judgment is declared.