Judgment no. 20/2022/HSST against escape while being estorted

THE PEOPLE'S COURT OF HA TINH CITY, HA TINH PROVINCE

JUDGMENT NO. 20/2022/HSST DATED APRIL 5, 2022 AGAINST ESCAPE WHILE BEING ESTORTED

On April 5, 2022 at the online courtroom central point, the Court Room of the People's Court of Ha Tinh city, Ha Tinh province connected to the sub-point at the Ha Tinh Police Detention Center, a first-instance trial was conducted to hear the case No. 11/2022/TLST-HS, February 25, 2022 according to the Decision to bring the case to trial No. 17/2022/QDXXST-HS dated March 17, 2022 and Decision to adjourn court hearing No. 03/2022/QDST-HS, dated March 28, 2022 against the defendant:

Nguyen Thang L, born on: April 10, 1967; Place of birth: K district, Ha Tinh province; Place of residence: village P, commune K, district K, Ha Tinh province; Occupation: Own count worker; Education: 3/7; Ethnicity: Kinh; Religion: None; Nationality: Vietnamese; Father: Nguyen Van K and mother: Duong Thi D (both deceased); Wife: Nguyen Thi H; Children: 02 children, born in 2011 and 2014 respectively; Previous convictions and previous administrative violations: None; Prior conduct: On November 24, 2011, the People's Court of District X, Nam Dinh province sentenced him to 12 months in prison for the crime of “Theft of property” pursuant to Clause 1, Article 138 of the Criminal Code 1999, according to the judgment No. 51/2011/HSST. Served the prison sentence at Nam Ha Detention Center, Ha Nam province until June 8, 2012 and completed the prison sentence (the criminal record has been expunged); On November 11, 2021, the defendant was prosecuted by the Investigation Security Agency of province H for the crime of "Organizing others to flee abroad".

The defendant has been detained since December 11, 2021. Currently being detained at the Ha Tinh Provincial Police Detention Center (appeared in court).

* Person with interests and obligations related to the case:

Ms. Nguyen Thi H; Born in: 1975; 1975; Occupation: Own-count worker; Residence: P village, K commune, K district, Ha Tinh province (did not appear in court).

* Witnesses:  Mr. Truong The T; Born in: 1997, Residence: K village, T commune, H city, Ha Tinh province (did not appear in court).

Mr. Le Van D; Year of birth: 1991, Residence: Neighborhood 1, N ward, H city, Ha Tinh province (did not appear in court).

Mr. Duong Sy D; Year of birth: 1993, Residence: Police officer of City Police H (appeared in court).

Mr. Dang Dinh T; Born in: 2000, Residence: Service soldier of City Police H (did not appear in court).

Mr. Nguyen Chung H, Born in: 1980, Residence: Police officer of City Police H (appeared in court).

Mr. Tran Thong T; Born in: 1970, Residence: P village, K commune, K district, Ha Tinh province (did not appear in court).

* Other participants in proceedings:  Officers and soldiers at the sub-point to support the trial, including: Mr. Bui Duc T, Mr. Tran Viet N, Mr. Dong Van H - officers of Detention Center of Ha Tinh Police.

FACTUAL AND PROCEDURAL BACKGROUND

According to the documents available in the case file and the progress at the trial, the contents of the case are summarized as follows:

On November 11, 2021, Nguyen Thang L was prosecuted by the Investigation Security Agency of Ha Tinh Province Police and was held in detention as a preventive measure for the crime of "Organizing others to flee abroad". Nguyen Thang L has been detained at the custody house of city H Police since November 13, 2021 with a completely normal health condition. On the morning of December 9, 2021, Nguyen Thang L had pain in his abdomen, so he was reported by the manager of the custody house to the head of the custody house of the H City Police for a medical examination at the Polyclinic Hospital of H city. At 2 p.m. on the same day, Mr. Duong Sy D was driving, and Mr. Nguyen Chung H and Mr. Dang Dinh T, officers of the Criminal Judgment Enforcement and Judicial Assistance Police team of the H City Police, were escorting defendant Nguyen Thang L under Transfer Order No. 47 dated December 9, 2021 of the Head of the custody house of H City Police. At about 14:30 on the same day, L was taken to the Polyclinic Hospital H City No. 456, H street, ward T, city H, Ha Tinh province. Upon arriving at the hospital lobby, Mr. Nguyen Chung H and Mr. Dang Dinh T escorted defendant Nguyen Thang L to the Outpatient Department at the 1st floor of the main lobby of the hospital. When he arrived at the door of room number 1, Mr. Nguyen Chung H unlocked the handcuffs for L to enter for medical examination. In order to avoid criminal liability for the previously prosecuted case, L flashed upon him to escape, so when Mr. H turned to open the door room, L suddenly turned around and ran to the hospital lobby, then ran towards the fence wall bordering the M street, at that moment, Mr. H and Mr. T chased after him but could not keep up, Mr. T slipped and fell. L climbed over the fence and ran out onto M street and then went to P street, city H and took a Mai Linh taxi owned by Mr. Truong The T (born in 1997, residing in T commune, H city, Ha Tinh province), which was parked on the side of the road. L told Mr. T to take him to H Town. On the way, Nguyen Thang L borrowed Mr. T's phone to contact his wife Nguyen Thi H (born in 1975, residing in K commune, K district, Ha Tinh province), L lied to his wife that he needed VND 10,000,000 for medical examination so he asked her to transfer him that amount through Mr. T's account number. Mr. T did not know that Nguyen Thang L was a prisoner who escaped, so he provided L with his account number for Ms. Nguyen Thi H to transfer money. Ms. Nguyen Thi H asked her neighbor, Mr. Tran Thong T (born in 1970, living in K commune, K district, Ha Tinh province) to transfer the amount of VND 10,000,000 to Mr. Truong The T's account number 0641000020029. When the taxi took Nguyen Thang L to district T, Mr. T stopped at an ATM along the roadside, withdrew VND 10,000,000 and gave it to Nguyen Thang L and then continue to go to town H. When he reached the intersection of ward N, town H, L got off the car and went to a fashion shop on the side of the road to buy clothes to wear to avoid detection by the police agency and then continued to take another taxi (L could not remember the car company, the driver) to go up to the international border checkpoint area C in the area of H district, Ha Tinh province with the aim of escaping to Laos but then changed his mind and returned to H town, Ha Tinh province. At about 21:00 on the same day, L took a South-North route bus to N district, Ha Tinh province to rent a room. Around 9 am on December 10, 2021, Nguyen Thang L took a bus to the overpass area of ​​district N, then got off the bus, L walked into a roadside phone shop to buy 01 (one) blue mobile phone, Masstel brand, and subscriber number 0368768846 to use. On the evening of December 10, 2021, Nguyen Thang L bought some personal belongings such as blanket and drinking water to sleep at the foot of the new bridge B in the territory of town X, district N, Ha Tinh province until the next morning. Next morning, Nguyen Thang L went to V city, Nghe An province. Around 6 a.m. on December 11, 2021, when Nguyen Thang L was having breakfast in Ward B, City V, Nghe An Province, the police force of City H coordinated with the Police of Ward B, City V arrested under the Indictment No. 14/CT-VKS-TPHT dated February 24, 2022. The People's Procuracy of City H prosecuted defendant Nguyen Thang L for the crime of "Escape while being escorted" specified in Clause 1 of this Article. 1 Article 386 of the Criminal Code.

At the trial, the prosecutor made impeachment, maintaining the same view as the prosecution indictment and proposed the Trial Panel to apply Clause 1, Article 386; Point s Clause 1 Article 51, Article 38 of the Criminal Code to sentence defendant Nguyen Thang L to from 06 to 09 months in prison. The prison term commences from the date of detention on December 11, 2021 and the exhibits of the case should be handled.

At the trial, the defendant pleaded guilty to the crime, did not argue, only asked the Trial Panel to commute his sentence.

During the investigation, the person with related rights and obligations, Ms. Nguyen Thi Hong T, presented: around the beginning of December 2021 (Ms. H could not remember clearly specific date), Mr. Nguyen Thang L called to Ms. H. via a strange phone number, asked Ms. H to transfer to a bank account VND 10,000,000 for medical examination and treatment. Then Mr. L read the account number to Ms. H, Ms. H recorded the account number, but because she did not know how to transfer money via the phone, Ms. H took VND 10,000,000 in cash to the house of Mr. Tran Thong T, who is a neighbor, and asked him to transfer VND 10,000,000 to the above account number. Before transferring the money, Mr. L's stepdaughter, Nguyen Thi Thuy T, called Ms. H and told Ms. H to transfer to Mr. L VND 10,000,000 VND for medical treatment, then T transferred it back to Ms. H. After transferring money for a short time, Mr. L used a strange phone number to call Ms. H saying that he was on the way to escape, and Ms. H advised Mr. L turn himself in to police, not to run away.

JUDGEMENT OF THE COURT

Based on the contents of the case and documents available in the case file that have been litigated at the trial, the Trial Panel found that:

 [1]. Regarding the proceedings during the investigation, prosecution and trial:

 [1] Regarding the procedural acts and decisions of the investigation body of Police City H, Investigators, the People’s Procuracy of city H and Procurators in the course of investigation and prosecution, they have complied with procedures and taken actions intra vires as prescribed by the Criminal Procedure Code. The defendant and other participants in proceedings gave no opinion and complaint as to the acts and decisions of the presiding agencies and presiding officers. Therefore, the procedural acts and decisions of the presiding authorities and presiding officers have been made legally.

 [2]. Regarding the evidence to determine the crime:

2.1. At the trial, Nguyen Thang L confessed: the defendant was the suspect in the case "Organizing others to flee abroad" handled by the Security Investigation Agency of Ha Tinh province and was being held in custody at the custody house of the H City Police, since November 13, 2021. At 2pm on December 9, 2021, under the Transfer order of the head of the police custody house of H city, the escort officers took Nguyen Thang L to the Polyclinic City H for medical examination. Around 15:00 on the same day, in front of the medical examination room of the Polyclinic City H, after having the handcuffs unlocked, Nguyen Thang L ran away from the Polyclinic City H. On the morning of December 11, 2021, Nguyen Thang L was arrested by the police force of city H in collaboration with the police of ward B, Vinh city.

The defendant's testimony at the court hearing was consistent with the testimony of the witnesses and documents and evidence in the case file that have been verified at the court hearing; the defendant took advantage of the trust and loopholes of the escort officers to escape. The defendant’s acts are dangerous to society, infringing on the custody and temporary detention regime and the normal operation of criminal presiding authorities and criminal judgment enforcement agencies. The defendant has sufficient criminal capacity. Thus, the Trial Panel has sufficient grounds to declare Nguyen Thang L guilty of "Escape while being escorted" under Clause 1, Article 386 of the Criminal Code.

2.2. In this case, Mr. Truong The T was a taxi driver carrying the defendant to H town, Ha Tinh province; Ms. Nguyen Thi H and Mr. Tran Thong T were the ones who transferred money to Nguyen Thang L, but they all did not know that L had escaped while in custody, so the investigation agency was grounded when not mentioning the method of handling Mr. Truong The T. Mr. Tran Thong T and Ms. Nguyen Thi H.

Regarding the persons assigned to escort defendant Nguyen Thang L. The defendant took advantage of the escorting officers to turn around to open the clinic door, so he ran away from the Polyclinic Hospital of City H. Right after that, the police of city H coordinated with relevant units to organize the arrest. This behavior is being considered and handled by the competent authority according to regulations as appropriate.

 [3] Considering the nature and extent of the offense and circumstances aggravating and mitigating the criminal liability of the defendant:

3.1. Regarding the aggravating and mitigating circumstances: The defendant has no aggravating circumstances and is entitled to the extenuating circumstances: “Expressed cooperative attitude” as prescribed at Point s Clause 1 Article 51 of the Criminal Code.

3.2. Considering the circumstances aggravating and mitigating the criminal liability, nature and extent of the offense, and prior conduct of the defendant: The Trial Panel found that: the defendant was convicted of the crime of "Theft of property" and has been prosecuted by the Investigation Security Agency of the Ha Tinh Provincial Police Department for the crime of "Organizing others to free abroad”. The defendant did not take that as a lesson for himself, but continued to commit the crime. Thereby, proving that it is tough to rehabilitate him into a good person again. Therefore, it is necessary to isolate the defendant from social life for a while to ensure deterrence and education for the defendant.

 [4]. Considering the impeachment of the procurator at the trial:  The crime, aggravating and mitigating circumstances of criminal liability are grounded and lawful, and the proposed sentence for Nguyen Thang L is satisfactory.

 [5] Handling exhibits of the case:  Pursuant to point a Clause 1 Article 47 of the Criminal Code; Points a, c Clause 2 Article 106 of the Criminal Procedure Code, confiscate and destroy: 01 black slipper with the words "ASIA" as the defendant's asset no longer valid for use; confiscate: 01 blue Masstel mobile phone with SIM card number 0368768846 and the amount of VND 4,000,000 seized from Nguyen Thang L as tools and means used by the defendant to commit the criminal act.

 [6] Regarding court fees:  The defendant must bear first instance criminal fee as prescribed by law.

For the foregoing reasons,

DISPOSITION

- Pursuant to clause 1 Article 386; point s clause 1 Article 51; Article 38 of the Criminal Code,

Declare Nguyen Thang L guilty of "Escape while being escorted", sentence Nguyen Thang L to 06 (six) months in prison.  The prison term commences from the date of detention, December 11, 2021.

Regarding evidence:  Pursuant to point a Clause 1 Article 47 of the Criminal Code; Points a, c Clause 2 Article 106 of the Criminal Procedure Code, confiscate and destroy: 01 black slipper with the words "ASIA" as the defendant's asset no longer valid for use; confiscate: 01điện blue Masstel mobile phone with SIM card number 0368768846 and the amount of VND 4,000,000 seized from Nguyen Thang L as tools and means used by the defendant to commit the criminal act.

 (The condition and characteristics of the exhibits are as shown in the minutes of handover of the exhibits dated February 25, 2022 between the police officers of city H and the officers of the civil judgment enforcement sub-department of city H).

With reference to court fee:  Apply Article 135, Clause 2, Article 136 of the Criminal Procedure Code, Point a, Clause 1, Article 23 of Resolution No. 326/2016/UBTVQH14 dated December 30, 2016 stipulating the rates of collection and exemption, reducing, collecting, paying, managing and using court fees and charges, force Nguyen Thang L to pay VND 200,000 for first-instance criminal court fee.

Within 15 days from the date of judgment pronouncement, the defendant is entitled to appeal; the persons with related interests and obligations in absentia are entitled to appeal within 15 days from the date on which the judgment is duly served