Verdict no. 25/2018/HS-ST dated april 27, 2018 on theft of property

PEOPLE’S COURT OF CAO BANG PROVINCE

VERDICT NO. 25/2018/HS-ST DATED APRIL 27, 2018 ON THEFT OF PROPERTY

On April 27, 2018, the first instance trial court was conducted at the office of People’s Court of Cao Bang Province to hear the criminal case No. 08/2018/TLST-HS dated March 30, 2018 according to the Decision to Bring the Case to Trial No.210/2018/QDXXST-HS dated April 12, 2018 against the defendant:

Nong Van T, born on December 3, 1993, in K Commune, B District, Cao Bang.

Place of residence: N Village, K Commune, B District, Cao Bang Province; nationality: Vietnamese; ethnicity: Tay people; religion: none; occupation: farming; education level: 12/12; gender: male; father’s name: Nong Minh C (died) and mother’s name: Nong Thi V (born in 1970); wife’s name: Luc Thi D (born in 1994) and 01 child; previous administrative penalties, previous convictions: none; detained from January 21, 2018; present.

The aggrieved party: Mr.P Van Geit - born on January 19, 1972. residing in: CHENNAI-INDIA; nationality: Belgian. Absent.

- Witness: Mr. Nong Van L; born on September 15, 1955. residing in: C Village, S Commune, B District, Cao Bang Province; absent.

THE CASE

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

About 09:30, on January 19, 2018, Police of District B received a crime report from Mr. P Van Geit (born on January 19, 1972). Place of residence: CHENNAI-INDIA; nationality: Belgian; passport No. AF 040xxxx issued on December 23, 2017), he lost 01 SAMSUNG Galaxy S8 phone, which was previously charged at the house of Mr. Nong Van L (in C Village, S Commune, B District, Cao Bang Province).

After verification, Investigation Body of Police of District B issued a warrant for arrest in emergency of Nong Van T, born on December 3, 1993 (place of residence: N Village, K Commune, B District, Cao Bang Province) for investigation.

At the investigating body, Nong Van T confessed: About 18:30 on January 18, 2018, T came to the Mr. Nong Van L’s drink stall (in C Village, S Commune, B District, Cao Bang Province). While sitting at the house of Mr. L, he saw a foreigner (P Van Geit; nationality: Belgian) coming to the house of Mr. L. Unable to speak Vietnamese, Mr. P Van Geit used his phone for translation and asked T to tell Mr. L to let him stay overnight at Mr. L’s house. Mr. L agreed to let Mr. P Van Geit sleep overnight at his house. T sat there for a while and then left.

About 7 am on January 19, 2018, Nong Van T came to Mr.L’s drink stall to get a drink. Getting busy lighting the kitchen stove, Mr. L told T that: “Open the fridge and get any drink you need yourself”. Opening the fridge to get a drink, T saw a phone which was being charged, on the fridge door (fridge with 2 horizontal doors). T intended to steal the phone. After paying the drink, T went back to the fridge, as no one paid attention on him, T took the phone and then quickly went out of Mr.L’s house. Going 100m away, T hid the phone at a place along the road, then went to Mr. Luc Van B’s house and slept there overnight. About 15:30, on January 20, 2018, T came to the hidden place and brought the phone home, but T dropped into the billiard shop of Mr. Dang Van C on the way. Sensing many guests in the shop, T hid the phone in a sack of soft drink canes in the back of the shop, and then entered the shop. After sitting for a while, he was arrested by the investigating body of Police of District B.

Through the investigation, the investigating body of Police of District B seized a Samsung Galaxy S8 phone, with a grey back, with many cracks, and a black front, IMEI 1: 358057/08/0354xx/x; IMEI 2: 358058/08/0354xx/x stolen by Nong Van T.

In the asset valuation conclusion No. 01/ B-HDDG dated January 21, 2018 of the Asset Valuation Council in criminal proceedings of B District, Cao Bang Province concludes: The value of a Samsung Galaxy S8 phone, up to the time of the case is VND 12,000,000 (Twelve million Vietnamese dong only).

In the Indictment No. 09/CT-VKS-P2 dated March 30, 2018, the People’s Procuracy of Cao Bang Province prosecutes Nong Van T for “Theft of property” as prescribed in Point c Clause 1 Article 173 of the Criminal Code.

At the trial, the defendant Nong Van T confessed his offense as true as the Indictment. The Indictment of the People’s Procuracy of Cao Bang Province against the defendant for “Theft of property” was made justly and rightfully. The defendant has no additional comments.

At the investigating body, Mr. P Van Geit declared: In the afternoon of January 18, 2018, I walked to the Mr.L’s drink stall (in S Commune, B District, Cao Bang Province) and slept overnight there. At 07:00 on January 19, 2018, I charged my phone and placed it on the fridge and went to sleep. 20 minutes later, I woke up, and found that my phone was lost. On January 20, the police arrested the one who stole my phone and returned it to me. Now I have to return my country, unable to attend the court hearing, and request to adjudicate the defendant as per the law.

The witness Mr. Nong Van L declared: About 18:30, on January 18, 2018, a foreign guest came to my drink stall, when there were T and S sitting there. Due to language barrier, T and S helped this foreigner use the phone to translate. This foreigner asked me to let him sleep overnight and I agreed. About 5 am on January 19, 2018, the foreigner asked me to charge his phone, at 06:45, Nong Van T came to buy a bottle of mineral water. After selling T the bottle, I went to the kitchen, 3 minutes later, I found that the charging phone was lost and also did not see T anywhere. After the incident, I called my son Luc Van B and reported the commune police. On January 20, 2018, the police arrested T who was the thief of the phone.

Opinions of representative of the People’s Procuracy of province in the court hearing: The People’s Procuracy still upholds the prosecution, during the investigation process and at today’s court hearing, the defendant Nong Van T showed repentance and pleaded guilty to stealing. The value of property appropriated by the defendant is VND 12,000,000 (Twelve million dong only), it was revoked and returned to the aggrieved party by the investigating body. Deeming that the defendant has no previous convictions and previous administrative violation and he only commits less serious offense. Request the Trial Panel to apply Point c Clause 1 Article 173, Point i, s Clause 1 Article 51 of the Criminal Code. Declare the defendant Nong Van T guilty of stealing of property and sentence Nong Van T to 6 to months in prison.

With regard to material evidence: The investigating body of Police of District B, Cao Bang Province issued a decision on dealing with exhibit No. 01 dated January 22, 2018, to return 1 SAMSUNG Galaxy S8 phone to its owner.

The defendant did not argue with the representative of the People’s Procuracy.

When saying last words, the defendant asks the Trial Panel to consider granting the defendant the lightest sentence for him to soon return to the society.

JUDGEMENT OF THE COURT

On the basis of the content of the case, based on the documents available in the case file, which have been litigated at the trial, the Trial Panel shall determine as follows:

 [1]. Acts and proceedings of the investigating bodies, investigators, the People's Procuracy of Cao Bang Province, prosecutors in the course of investigation and prosecution have strictly conformed to competence, order and procedures prescribed in the Criminal Procedure Code. During the investigation process and at the trial, the defendant and other litigants did not have any comments or complaints about the acts and decisions of the presiding agencies and presiding persons. Thus, the acts and proceedings of presiding agencies and presiding persons have strictly complied with the provisions of law.

 [2]. At today’s court hearing, the defendant acknowledges that the contents of the Indictment of the People’s Procuracy of Cao Bang Province reflect his actual offense and the prosecution for “Stealing of property” was made justly and rightfully. The confession made by the defendant at the court hearing is entirely consistent with the testimony of the aggrieved party Mr. P Van Geit made at the investigating body, consistent with the deposition of the witness regarding the time when and the place where the defendant committed his offense and conforming to other items of evidence taken by the investigating body in the case file. There are substantial grounds for concluding that: About 7 am on January 19, 2018, Nong Van T came to Mr.L’s drink stall to get a drink. The defendant saw 01 phone which was being charged on the fridge. Driven by the greed, sensing that nobody was there, the defendant sneakily stole the mobile phone of Mr. P Van Geit.

In the asset valuation conclusion No. 01/BB-HDDG dated January 21, 2018 of the Asset Valuation Council in criminal proceedings of B District, Cao Bang Province concludes: The value of a Samsung Galaxy S8 phone, up to the time of the case is VND 12,000,000 (Twelve million Vietnamese dong only).

From the above evidence, there are sufficient grounds to conclude that the Indictment of the People’s Procuracy of Cao Bang Province prosecuting the defendant for the count and mentioned law provision is well-grounded, deeming as guilty person is rightly convicted.

Considering the nature of the defendant’s offense is dangerous to society. The defendant is a person with an educational background, social understanding and legal knowledge, but he defies the law, deliberately commits the offense to appropriate others’ property which is protected by law. On the other hand, the offense of the defendant also disturbs the peace, causes the public anxious and discontented, therefore, it is necessary to punish the defendant seriously for education and prevention.

 [3]. With regard to the defendant’s criminal record and aggravating circumstances, the Trial Panel finds that: The defendant has good criminal record and has no previous convictions or previous administrative violation. The defendant committed the offense for the first time and was in a less serious case, during the investigation process and at the court hearing, the defendant expressed cooperative attitude and showed his repentance and desire to redeem his faults. Therefore, it is advisable to apply mitigating circumstances of criminal liability prescribed in Point I and Point s Clause 1 Article 51 of the Criminal Code when considering a sentence for him. The defendant has no aggravating circumstance.

 [4] With regard to civil liability: Actual damage has been caused to Mr. P Van Geit but he was returned the property by the investigating body. The aggrieved party also has no additional request, so the court does not consider it further.

 [5] With reference to material evidence: none.

 [6]. Liability of court fee: The defendant has to pay first instance criminal court fees as per the law.

Based on the above-mentioned facts and matters,

HEREBY DECIDES

1. Declare: the defendant Nong Van T guilty of “Stealing of property".

2. Request the Trial Panel to apply Point c Clause 1 Article 173, Point i, s Clause 1 Article 51 of the Criminal Code to: sentence the defendant Nong Van T 9 (nine) months in prison, the prison term commences from January 21, 2018.

3. With regard to civil liability: It is certified that Mr. P Van Geit received back a Samsung Galaxy S8 phone, with a grey back, with many cracks, and a black front, IMEI 1: 358057/08/0354xx/x; IMEI 2: 358058/08/0354xx/x according to the decision on dealing with exhibit No. 01 dated January 22, 2018 at the office of Police of District B, Cao Bang Province.

4. With reference to court fees: Pursuant to Clause 2 Article 136 of the Criminal Procedure Code, Clause 1 Article 23 of the Resolution No. 326/2016/UBTVQH14 dated December 30, 2016 of Standing Committee of the National Assembly on court fees and charges, exemption, reduction, management and use thereof, Nong Van T has to pay VND 200,000 (two hundred thousand dong only) for the first-instance criminal court fee to state budget.

5. With reference to right to appeal: The first instance trial is conducted in the presence of the defendant. The defendant has the right to appeal the Verdict within 15 days from the date of pronouncement. The aggrieved party, who is absent from the court hearing, has the right to appeal, from the date on which excerpt copy of the Verdict is received.