Verdict No. 36/2017/HS-ST dated July 26, 2017 regarding offence forging seals and documents of organizations

PEOPLE’S COURT OF BA RIA - VUNG TAU PROVINCE

VERDICT NO. 36/2017/HS-ST DATED JULY 26, 2017 REGARDING OFFENCE FORGING SEALS AND DOCUMENTS OF ORGANIZATIONS

On July 26, 2017, the first instance trial was conducted at the office of People’s Court of Ba Ria - Vung Tau province to hear the case No. 29/2017/HSST dated June 16, 2017 against the defendant:

Do Hong V (Tran Cao V), born in 1987 in Binh Dinh; permanent residence: T village, B commune, N district, D province; job: employee of N Co., Ltd; educational level: 6/12; father: unknown, mother: Do Thi Nhi, born in 1960; the defendant is the second child in a 2-child family; previous conviction: no; arrested: November 11, 2016 (present).

- Persons with relevant rights and obligations:

1. Mr. Tran Cao V, born in 1945; permanent residence: D street, ward 5, T city, BR-VT (present). 2. Mr. Mai Tin N, born in 1963; permanent residence: N street, N ward, T city, Ba Ria - Vung Tau province (with Request for Trial in Absentia).

3. Mrs. Duong Thi Xuan L, born in 1967; permanent residence: T street, ward 3, T city;

address: N street, N ward, T city, Ba Ria - Vung Tau province (absent).

4. Mr. Phan Tan T, born in 1983; permanent residence: V street, N ward, T city, Ba Ria - Vung Tau province; address: street 3, A ward, district 2, M city (absent).

THE CASE

The Indictment made by the People’s Procuracy of Ba Ria - Vung Tau province prosecutes Do Hong V for the following offence:

N Co., Ltd, headquartered at D street, ward 1, T city registered lines of business, including visa extension and visa exemption services for foreigners. Being an employee of N Co., Ltd, Do Hong V has provided visa exemption service for foreigners, V had saved several previous applications for visa exemption and paperwork forms in computer of the company under image file format.

Early June 2015, Lokmanhekim H, born in: 1967, nationality: Turkey, travelled to Vung Tau and knew Mr. Suleyman H. When the visa was about to expire, H asked H for guiding procedures for visa extension. H took H to N Co., Ltd to meet Tran Cao V (Director of the company) for visa exemption service with the charge of USD 540. Do Hong V was assigned to provide the service.

On June 8, 2015, Lokmanhekim H came to N Co., Ltd and handed over the passport No. U00730771, 2 photos and USD 300 of deposit for the Application for Visa Exemption Certificate. Do Hong V used filed saved in the computer of company and used Photoshop techniques to forge the Marriage Certificate between Mr. Lokmanhekim H, born on February 11, 1967, nationality: Turkey, passport No. U00730771 and Mrs. Nguyen Thi T, born on December 24, 1972, residing at: G street, ward 8, T city; ID card number: 273 622 362 and household register book No. 020 133 513 in the name of Nguyen Thi T. Upon completion, V printed the ID card and household register into A4 paper similarly to certified copies of the ID card and household register. Then V saved the forged Marriage Certificate in a USB and had it printed in color at a photocopy shop on C street, ward 1, T city similarly to a real marriage certificate and used a pen to write register No. 415, volume 01, date of issue May 9, 2015, after that, he forged the signatures of Lokmanhekim H and Nguyen Thi T in that Marriage Certificate.

Upon completion, V asked Mr. Tran Cao V to prepare an Application Form for Visa Exemption Certificate in the name of Lokmanhekim H and a Sponsoring Application Form in name of Nguyen Thi T, in conformity with the information in the fake documents.

On June 10, 2015, Do Hong V brought a copy of the fake Marriage Certificate No. 415, volume 01 and a copy of the fake ID card No. 273622362 and the household register No. 020133513 to Committee Division of Justice of D district for certification. These documents were received and verified by Mr. Chac Cuon S – consultant of Committee Division of Justice  and signed by Mr. Bui Van M – the Chief of Committee Division of Justice of D district for certification and borne with “certified true copy” stamp.

After having abovementioned documents certified, V included in the application the passport No. U00730771; 2 photos and an Application Form for Visa Exemption Certificate in the name of Lokmanhekim H; a Sponsoring Application Form in the name of Nguyen Thi T for Lokmanhekim H and handed them over to Mr. Mai Tin N, residing at: N street, N ward, T city and asked Mr. N to submit the application at Immigration Department affiliated to the Ministry of Public Security; Mr. N then handed them over to Mrs. Duong Thi Xuan L, residing at: N street, N ward, T city; Mrs. L brought the application to Phan Tan T, residing at S street, A ward, district 2, T city and T submitted the Application for Visa Exemption Certificate to Immigration Department affiliated to the Ministry of Public Security. On June 11, 2015, Immigration Department affiliated to the Ministry of Public Security issued a Visa Exemption Certificate No. AR0732379 to Lokmanhekim H.

After obtaining the Visa Exemption Certificate, Do Hong V gave it to Lokmanhekim H and took remaining USD 240, and cancelled the Marriage Certificate No. 415, volume 01 and fake documents.

After searching the working place of Do Hong V at N Co., Ltd, many marriage certificates between Vietnamese and foreigners were found in the computer. In which, there are 5 fake marriage certificates. In specific:

1- Marriage Certificate No. 339/CNKH dated February 20, 2013, husband: Searcy Derek A, date of birth: March 10, 1958, nationality: Canada; wife: Nguyen Thi Thu H, date of birth: April 13, 1976, address: T street, ward 3, T city, Ba Ria - Vung Tau province.  

2- Marriage Certificate No. 228/CNKH dated November 4, 2012, husband: Suleyman H, date of birth: October 5, 1953, nationality: Australia; wife: Nguyen Thi M, date of birth: July 7, 1976, address: K street, ward 4, T city, Ba Ria - Vung Tau province.

3- Marriage Certificate No. 451, volume 01 dated June 24, 2015, husband: Day Jonh H, date of birth December 20, 1949, nationality: Australia; wife: Cao Thi Thuy T, date of birth: 1971, address: S neighborhood, H town, D district, Ba Ria - Vung Tau province.

4- Marriage Certificate No. 451 dated June 24, 2015, husband: Thompson Roderick H, date of birth: May 13, 1960, nationality: Newzealand; wife: Nguyen Thi Tuyet N, date of birth December 21, 1965, address: L street, ward 7, T city.

5- Marriage Certificate No. 451 dated June 24, 2015, husband: Ma F, date of birth: March 6, 1990, nationality: Chian; wife: Hoang Hong H, date of birth: February 27, 1990, address: S street, ward 2, T city, Ba Ria - Vung Tau province.

The investigation findings show that: 5 marriage certificates saved in the computer by V were forged by V with the intent to prepare applications for visa exemption certificate for foreigners. However, such forging of documents should has occurred for a long time, it is impossible to determine the time when V started forging documents.

The investigation also determines that Do Hong V also has other profiles below: Full name: Tran Cao V – Date of birth: June 10, 1992 in B commune, T district, N province;

Registered permanent residence: 122, D street, ward 5, T city, Ba Ria - Vung Tau province;

Father's name: Tran Cao V, born in 1945; Mother’s name: Ngo Thi Ngoc, born in 1952.

ID card No. 273548785, issued by Public Security of Ba Ria - Vung Tau province on January 15, 2014;

In 1990, Do Hong V was adopted by Mr. Tran Cao V and Mrs. Ngo Thi Ngoc, permanent residence in B commune, T district, N province. On December 31, 1992, Do Hong V was registered the birth in the name of Tran Cao V, date of birth: June 10, 1992; father: Tran Cao V; mother: Ngo Thi Ngoc and was issued with the Birth Certificate No. 328, volume 01 dated December 31, 1992 by the People’s Committee of B commune.

After Mr. V moved to live in ward 5, T city, V lived with his mother in B province. In 2001, V moved to T city and was registered in the household register of Mr. Tran Cao V.

In 2003, V returned to Binh Dinh and was issued with ID card No. 215088237 dated February 21, 2003 by Public Security of Binh Dinh province in the name of Do Hong V, date of birth: June 7, 1987. In 2011, due of loss of above ID card, V brought the household register headed by Mr. V to Public Security of Ba Ria - Vung Tau province to apply for ID card and was issued with ID card No. 273548785 in the name of Tran Cao V, date of birth June 10, 1992. In 2013, V returned to Binh Dinh to live with his mother and applied for reissuance of ID card No. 215088237 in the name of Do Hong V, date of birth April 24, 2013 to the Public Security of Binh Dinh province. Since then, V used both ID cards as mentioned.

According to the investigation findings: The Birth Certificate No. 328, volume 01 issued by the People’s Committee of S commune dated December 31, 1992 and ID card No. 273548785 issued by Public Security of Ba Ria - Vung Tau province dated January 15, 2011 in the name of Tran Cao V, date of birth: June 10 are considered unlawful. The Investigation Authority requested the People’s Committee of Binh Son commune in writing to annul the Birth Certificate No. 328. and requested Public Security of Ba Ria - Vung Tau province to annul the ID card No. 273548785 issued on January 15, 2011 and requested Public Security of T city to exclude Tran Cao V from the household register No.  270138693 headed by Mr. Tran Cao V.

With regard to Mr. Tran Cao V: He prepared the Sponsoring Application Form and Application Form for Visa Exemption Certificate for Lokmanhekim H, however, there is insufficient grounds to determine that he has known and participated with Do Hong V to forge the application for visa exemption for Lokmanhekim H. Therefore, it is not well-grounded to charge Mr. Tran Cao V but only give him the status of relevant persons in the case.

With regard to Mr. Mai Tin N, Mrs. Duong Thi Xuan L and Phan Tan T: They helped Do Hong V to submit the application and received Visa Exemption Certificate for Lokmanhekim H. However, they did not know that the application for visa exemption for H was forged by Do Hong V. Therefore, they will not be charged but be brought the status of relevant persons in the case.

With regard to Mr. Chac Cuon S – Consultant of Committee Division of Justice of D district and Mr. Bui Van M – Former Chief of Committee Division of Justice who received, verified and certified the application as certified true copy. However, they did not know that the application for certification was forged by Do Hong V. Therefore, they will not be charged but be brought the status of relevant persons in the case.

The Indictment No. 24/VKS-P1 dated March 30, 2017 of the People’s Procuracy of Ba Ria - Vung Tau province prosecutes defendant Do Hong V for the offence “Forging seals and documents of organizations” as prescribed in Point b Clause 2 Article 267 of Criminal Code.

At today’s court hearing, the procurator stated all facts and matters of the case, evaluate the severity of the offence, mitigating and aggravating circumstances and charged Do Hong V with the offence: “Forging seals and documents of organizations” as prescribed in Point b Clause 2 Article 267 of Criminal Code. Request application of Point b Clause 2 Article 267 to sentence Do Hong V to 2 to 3  years' imprisonment. Apply Article 41 of Criminal Code: Expropriate USD 540 of illegal gain from relevant assets and material evidence: in accordance with laws and regulations.

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

Based on documents and items of evidence assessed at the court hearing; argument result at the court hearing and extensive verification of items of evidence, opinions of procurators, the defendant and other involved parties;

JUDGMENT OF TRIAL PANEL

In terms of court procedures:  In through consideration of the case file, the trial panel considers that during the investigation and prosecution process, the investigation body and the People’s Procuracy strictly comply with proceedings related to taking of evidence as prescribed in Articles 65, 72, 75 of the Criminal Procedure Code, no torture was found; material evidence was taken and preserved in accordance with statutory procedures.

On May 9, 2017, People’s Court of Ba Ria - Vung Tau province brought the case to trial, through questioning at the court hearing, deeming that Mr. Tran Cao V shows sign of offence “Forging seals and documents of organizations”, the trial panel returns the case file and request prosecution against Mr. Tran Cao V. However, the People’s Procuracy upheld the prosecution as prescribed in Article 196 of the Criminal Procedure Code. So, the trial panel brought the case to trial.

At today's first-instance court hearing, the defendant Do Hong V confessed to the offence and accepted that the indictment prosecuting proper offence in relation to his crime. His confession at the court hearing is conformable to his confession at the investigation body and available documents and evidence in the case file, in specific:

Being an employee of N Co., Ltd headed by Mr. Tran Cao V, V had been assigned to apply for Visa Exemption Certificate for foreigners by Mr. V many times. Accordingly, early June 2015, Mr. Lokmanhekim H, nationality: Turkey, came to N Co., Ltd for visa extension service; two parties agreed a sum of service charge of USD 540. Do Hong V was assigned to complete the paperwork of Visa Exemption Certificate for Lokmanhekim H. V used the computer to modify some documents, such as marriage certificate, ID card and household register from other files saved previously in the computer to Lokmanhekim H (husband) and Nguyen Thi T (wife). Upon completion, V brought the application to Committee Division of Justice of D district for certification and then asked a person to submit the application for visa exemption. On June 11, 2015, Lokmanhekim H was issued a Visa Exemption Certificate No. AR0732379 by Immigration Department affiliated to the Ministry of Public Security. V received a sum of USD 540 from Lokmanhekim H. Apart from the fake application made for H, V admitted that he made many fake marriage dossiers for foreigners to apply for Visa Exemption Certificate but he cannot remember specific number of fake dossiers that he made (case file p.127, 128, 129, 156, etc.).

According to the above items of evidence, there is sufficient grounds for determining that V used Photoshop techniques to forge the Marriage Certificate between Mr. Lokmanhekim, nationality Turkey and Mr. Nguyen Thi T, residing at: G street, ward 8, T city; ID card No. 273 622 362 and the household register book No. 020 133 513 in the name of Nguyen Thi T and other documents made to apply for the applications for visa exemption for Mr. H. In addition, V had made many other fake applications. Therefore, Do Hong V's committed act constitutes a crime “Forging seals and documents of organizations as prescribed in Point b Clause 2 Article 267 of Criminal Code.

With regard to nature and severity of the offence committed by the defendant: The defendant's act causes serious consequences, not only infringing administrative management order but also prejudicing security and order. The nature of the act is highly dangerous, the trick to fake documents and papers is very sophisticated. At the investigative body, the defendant also reported tortuous, not sincere to cover the offense of some other people, which proves the defendant is not really repent. Therefore, it is necessary to deal with the defendant seriously for education effect in particular and prevention effect in general.

However, deeming that the defendant does not have prior criminal record and had worked for an enterprise, Clause 2 Article 46 of Criminal Code on mitigating factors may apply to partially mitigate his criminal liability.

At first, V declared that Mr. Tran Cao V directed and participated with him in forging documents. After that, V denied the participation of Mr. V in forging documents. Through cross-examination between the defendant and Mr. V at the investigation body and at the court hearing, they both denied that Mr. V directed or knew the forging act of V. The trial panel also returned the case file and requested the investigation body and the People’s Procuracy to investigate the signs of offence committed by Mr. V. the People’s Procuracy, however, upheld the initial prosecution. Therefore, the trial panel has no substantial ground to take action against Mr. V.

With regard to Mr. Mai Tin N, Mrs. Duong Thi Xuan L, Mr. Phan Tan T, Mr. Chac Cuon S – consultant of Committee Division of Justice of D district and Mr. Bui Van M – Former Chief of Committee Division of Justice. According to items of evidence in the case file and investigation at the court hearing, it is unclear to determine that if they knew that the application for visa exemption for H was forged. Therefore, there are insufficient grounds to take criminal actions against them as stated in the Indictment of the People’s Procuracy. The Investigation Authority requested People’s Committee of D district in writing to take administrative actions against Chac Cuon S.

The sum of USD 540 paid by Mr. Lokmanhekim H which is considered illegal gain shall be expropriated.

With reference to material evidence:  Material evidence retained as instruments and money relating to the offence considered being expropriated includes: 1 (one) black CPU: D@Deli brand, used; 1 (one) black scanner: Canon Lide 100 brand, used, 1 (one) white printer: HP Deskjet, used.

With reference to court fee:  The defendant Do Hong V has to pay VND 200,000 of first-instance criminal court fee.

Pursuant to facts and matters mentioned above:

HEREBY DECIDES

1. With reference to criminal liability:

The defendant Do Hong V (Tran Cao V) is guilty of “Forging seals and documents of organizations”.

Pursuant to Point b Clause 2 Article 267; Clause 2 Article 46 of Criminal Code in Viet Nam, sentence

Do Hong V (Tran Cao V) to 30 years’ imprisonment from November 11, 2016.

Pursuant to Article 41 of Criminal Code: Do Hong V has to pay USD 540 (five hundred forty US dollar) to the public fund.

2. With reference to material evidence:  Pursuant to Clause 2 Article 76 of the Criminal Procedure Code in Viet Nam, judges: Expropriate 1 (one) black CPU: D@Deli brand, used; 1 (one) black scanner: Canon Lide 100 brand, used, 1 (one) white printer: HP Deskjet, used.

The above-mentioned assets are being retained by Department of Civil Judgment Enforcement of Ba Ria - Vung Tau province according to the Evidence Handover Record No. 29/BB-CTHADS dated March 31, 2017.

3. With reference to court fee: The defendant Do Hong V has to pay VND 200,000 (two hundred thousand dong) of first-instance criminal court fee.

Within 15 days from the verdict pronouncement date (July 26, 2017), the defendant, persons with relevant rights and obligations have right to appeal the verdict to the Superior People’s Court of Ho Chi Minh City. Persons absent from the court hearing have 15 days from the day on which the verdict is received or posted as prescribed for filing an appeal.