Verdict No. 87/2017/HS-PT dated November 24, 2017 on organizing others to flee abroad

THE PEOPLE'S COURT OF QUANG BINH PROVINCE

VERDICT NO. 87/2017/HS-PT DATED NOVEMBER 24, 2017 ON ORGANIZING OTHERS TO FLEE ABROAD

On November 24, 2017, at the Office of the People's Court of Quang Binh province, the Court of Appeal opened a criminal trial for the case No. 70/2017/HSPT dated October 2, 2017 against Nguyen Van T pursuant to the appeal made by the People's Procuracy of Quang Binh Province on the handling of material evidences of the case against the First-Instance Criminal Verdict No. 44/2017/HSST dated August 9, 2017 of the People's Court of Bo Trach District, Quang Binh Province.

Appellee: Nguyen Van T; Other name: None; date of birth: April 26, 1989; place of birth: Commune H, District B, Quang Binh Province; permanent residence and address: Hamlet 1, Commune H, District B, Quang Binh Province; education level: 5/12; occupation: self-employed; his father: Mr. Nguyen Van T1 and Mrs. Nguyen Thi L; his wife: Nguyen Thi L1 (the First Instance Verdict wrongly wrote her family name as Tran) and 01 child born in 2009; previous conviction: none; previous administrative violation: none; arrested on February 12, 2017, then moved to detention until April 28, 2017, replaced by preventive measure: bail, sentenced to 30 months in prison in the First Instance Verdict but being put on probation, convicted of "Organizing another person to flee abroad"; present at the trial.

In the case, there are 39 persons who were examined by the Court of First Instance for participation in proceedings as persons with related rights and obligations, but only 21 persons involved in the appeal were summoned to the appellate trial, including:

1, Mr. Tran Van H, born in 1992, residing in Village 4, Village H, District B, Quang Binh Province, absent, Mrs. Nguyen Thi L 2 (his mother): present;

2, Mr. Nguyen Van T2, born in 2000, living in Village M, Commune H, District B, Quang Binh Province, absent;

3, Ms. Nguyen Thi L3, born in 1998, residing in Village 2, Commune H, District B, Quang Binh Province, absent, Mrs. Pham Thi H (her mother): present;

4, Mr. Nguyen Ngoc D, born in 1995, residing in Village 2, Commune T, District B, Quang Binh Province, absent;

5, Mr. Nguyen Ngoc D, born in 1988,trú, residing in Village 2, Commune T, District B, Quang Binh Province, absent;

6, Mr. Nguyen Van M, born in 1994, residing in Village 8, Commune T, District B, Quang Binh Province, absent;

7, Mrs. Nguyen Thi L4, born in 1984, residing in Village 1, Commune T, District B, Quang Binh Province, absent;

8, Mr. Phan Thanh T (the First Instance Verdict wrongly wrote his middle name), born in 1997, residing in Hamlet 1, Commune H, District B, Quang Binh Province, absent;

9, Mr. Pham Quang T, born in 1990, residing in Quarter 3, Town G, District GL, Quang Tri Province, absent;

10, Mr. Nguyen Thanh H (the First Instance Verdict wrongly wrote his middle name), born in 1991, residing in Quarter 9, Town G, District GL, Quang Tri Province, absent;

11, Mr. Mai Van T, born in 1985, residing in Quarter 3, Town G, District GL, Quang Tri Province, present;

12, Mr. Hoang Van V, born in 1987, residing in Village 3, Commune H, District B, Quang Binh Province, absent;

13, Mrs. Cao Thi Thu H, born in 1992, residing in Village 3, Commune H, District B, Quang Binh Province, absent;

14, Mr. Duong Dinh L, born in 1997, residing in Village 2, Commune T, District B, Quang Binh Province, absent;

15, Mr. Thoi Trung H, born in 1998, residing in Village V, Commune T, District B, Quang Binh Province, absent;

16, Mr. Ha Van H (the First Instance Verdict wrongly wrote his last name without the mark for falling tone), born in 1975, residing in Village T, Commune D, City H, Quang Binh Province, absent, Mrs. Hoang Thi D (his wife): present;

17, Mr. Dinh Anh T, born in 1978, residing in Village Q, Commune T, District M, Quang Binh Province, absent;

18, Mrs. Nguyen Thi T, born in 1993, residing in Village 2, Commune H, District B, Quang Binh Province, absent, Mr. Nguyen Van S (his father): present.

19, Mr. Nguyen Van V, born in 1977, residing in Village P, Commune D, District B, Quang Binh Province, absent, Mr. Nguyen Van T (his father): present;

20, Mrs. Tran Thi H, born in 1984, residing in Village P, Commune D, District B, Quang Binh Province, absent, Mr. Nguyen Van T (her father-in-law): present; 

21, Mr. Nguyen Van T1, born in 1966, residing in Village 1, Commune H, District B, Quang Binh: present.

At the court session, many persons with related interests and obligations are absent, but considering that the court session has been postponed once and after consulting with the defendant, the procurators, the Trial Panel discuss and agree to keep adjudicating the case.

THE CASE

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

In 2015, Nguyen Van T was given a phone number by a friend (unknown name and address) of a person named "Tuan" (unknown the name and address) who regularly organize other people to flee abroad illegally. T made a call to request a slot, "Tuan" agreed and arranged to take T illegally exit to China by the border trade from Tan Thanh, Lang Son City to Guangdong, China to make furniture at the "Sang Bao" Company without a passport or exit procedures. T stayed there and returned to Vietnam at the end of the year. In early 2016, T and some brothers in his family continued to be helped by "Tuan" to illegally exit to China as before.  In late 2016 "Tuan" met T, seeing T doing good work and able to speak Chinese, "Tuan" told T if T may took more people to China to work, he would asked the Chinese company’s owner to promote T to the manager position, then T may be paid an allowance of VND 1.5 million (one million, five hundred thousand Vietnamese dong) beside the monthly salary and was exempted from VND 2,500,000 (two million, five hundred thousand Vietnamese dong) of the cost incurred in crossing the border from Vietnam to China, and then Tuan gave T a Zalo account, named "Che buoi AG" registered by the Chinese phone number for convenient contact.  T and "Tuan" agreed that T would take people from Quang Binh to the intersection of My Son near the northern bus station of Lang Son, then "Tuan" assigned his subordinates to pick them up and take them to the predetermined area near Tan Thanh border gate, Lang Son City and then take them illegally cross to China by road, each person must pay VND 2.5 million, then "Tuan" would continue to pick them up by cars to the "Sang Bao" Company in Guangdong Province, China, each person must pay VND 3,5000,000 for the travel from the Chinese border to "Sang Bao" Company.

In early 2017, Nguyen Van T received 36 people to work in China without passport or exit papers, each person must pay T travel and meal expenses along the road from VND 6,000,000 to VND 6.500.000.

T received money from 21 people, totaling VND 97,500,000, in specific: 3 people in town G, district GL, Quang Tri Province: VND 6,000,000 of Nguyen Van H, VND 7,000,000 of Pham Quang T and VND 6,500,000. 4 people in Village 2, Commune T, District B, Quang Binh Province: Nguyen Ngoc D, Duong Van D, Duong Dinh L, Thoi Trung H, VND 4,000,000 each.  Hoang Van V, Cao Thi Thu H, residing in Hamlet 3, Commune H, District B and Cao Na R (V’s brother-in-law), residing in Soc Trang VND 15,500,000. VND 6,500,000 of Ha Van Hau, VND 7,500,000 of Nguyen Van T2, VND 3,500,000 of Dinh Anh T, VND 4,000,000 of Tran Van H, VND 5,000,000 of Nguyen Thi L, residing in Village 2, Commune T, District B, Quang Binh Province, VND 5,000,000 of Nguyen Thi T, residing in Village 2, Commune H, District B, Quang Binh Province and VND 5,000,000 of Phan Thanh T (the First Instance Verdict wrongly wrote his name as Nguyen Van T), residing in Village 1, Commune H, District B, Quang Binh Province, VND 6,000,000 of Nguyen Van M, residing in Village 8, Commune H, District B, Quang Binh Province, and VND 4,000,000 of Nguyen Thi L, residing in Village 1, Commune H, District B, Quang Binh Province.

In addition, the couple Nguyen Van V and Tran Thi H, residing in Village P, Commune D, District B, Quang Binh Province had not given money to T, but T asked them to give VND 5,000,000 to Mrs. Nguyen Thi M, the owner of coach ticket agent in the Commune N, District B, Quang Binh Province in order to deposit the coach fares. When T was arrested, Mrs. M deducted VND 3,000,000 of the transport expense and returned V and his wife VND 2,000,000.

There are 15 people from whom T had not collected money, including:  Nguyen Van T3, born in 1991; Tran Thi X, born in 1988; Nguyen Van H, born in 1985; Nguyen Thi L3, born in 1990; Hoang Van T, born in 1989; Tran Thi Hong T, born in 1987; Hoang Huu T, born in 1980; Le Thi L, born in 1984; Hoang Van T, born in 2000, all residing in Village 1, Commune H, District B; Mai Huy P, born in 1977; Tran Quang D, born in 1986, both residing in G Town, District GL, Quang Tri Province; Le Tat T, born in 1983, residing in D village, District B; Nguyen V, born in 1982, residing in Village 2, Commune H, District B;

Dang Quang V, born in 2002, residing in Village 3, Commune H; Ha Van H, born in 1973, residing in Commune T, City D, Quang Binh Province.

On February 10, 2017, T contacted "Tuan" through the account "Zalo" named "Che buoi An Giang" in order for Tuan to pick up people introduced by T to work in China.  In the evening on February 11, 2017, T asked the driver Hoang Linh in person to pick up 36 people. While the coach was carrying 36 people in the territory of Village K, Commune T, District B, Quang Binh Province, it was caught by the authority.

Material evidence of the case: After investigation, the police seized 01 (one) pink SAMSUNG mobile phone and one used black NOKIA 01 (one) mobile phone and VND 72,000,000 from Nguyen Van T; beside, Nguyen Van T family voluntarily paid VND 25,500,000, which has not yet been processed.

The Indictment No. 39/THQCT - KSDT dated June 6, 2017 of Bo Trach People's Procuracy   prosecutes the defendant Nguyen Van T for "Organizing others to flee abroad" under Clause 1, Article 275 of the Criminal Code in Viet Nam.

The First Instance Criminal Case No. 44/2017/HSST dated August 9, 2017 of the People's Court of Bo Trach District declares the defendant Nguyen Van T guilty of "Organizing others to flee abroad".

Pursuant to Clause 1 of Article 275; Points b and p, Clause 1 and Clause 2, Article 46 of the Criminal Code, Nguyen Van T is sentenced to 30 months' imprisonment with probation order.  The probation period is 60 months from the first instance pronouncement date (August 9, 2017). Nguyen Van T shall be supervised and educated by the People’s Committee of Commune B, District B, Quang Binh Province during the probation period.

With regard to material evidence: Pursuant to Article 41 of the Criminal Code and Article 76 of the Criminal Procedure Code in Viet Nam, Nguyen Van T is refunded VND 97,500,000 in order for he to refund them to 10 persons with relevant interests and obligations, including:   Duong Dinh L: VND 4,000,000; Thoi Trung H: VND 4,000,000; Hoang Van V, Cao Thu H, Cao Na R: VND 15,500,000; Ha Van H: VND 6.500.000; Dinh Anh T: VND 3.500.000; Nguyen Thi T: VND 8,000,000; Nguyen Van V, Tran Thi H: VND 3,000,000.

The First Instance Verdict also stated that Nguyen Van T's mobile phones shall be expropriated; the defendant had to pay the first instance criminal court fee, and announced the right to appeal the defendant and persons with relevant rights and obligations as per the law.

With the statutory time limit, on the 28th of August, 1974, the People's Procuracy of Quang Binh Province issued a decision on appeal No. 1534/ KS-KNPTHS against the decision to deal with the material evidence in the Verdict No. 44/2017/HSST dated August 9, 2017 of the People's Court of Bo Trach District, returning the amount of 97.500.000 VND to the defendant Nguyen Van T in order for he to return to 10 people with relevant interests and obligations, was wrong and went against law on procedures in terms of dealing with materials evidence provided for in Article 41 of the Criminal Code, Point c, Clause 2, Article 76 of the Criminal Procedure Code. Such amount of VND 97,500,000 is evidence of the case; the defendant voluntarily paid back VND 59,000,000 to 11 people. But he had not returned VND 44,500,000 to 10 remaining people.  The Trial Panel was supposed to hold the amount of VND 44,500,000 to ensure the execution of the Verdict in accordance with the law.

In addition, the First Instance Verdict also has other violations that need to be clarified to for amendment:

The specific amount of money that the defendant returned to each person (11 persons) has not stated, the specific amount of money returned to Hoang Van V, Cao Thi Thu H, and Cao Na R in the total of VND 15,500,000 has not been stated as well which obviously cause difficulty in the process of execution of the Verdict; besides, the Verdict fails to state the reason for the return to Mrs. Nguyen Thi T VND 8,000,000 while it stated that T received VND 5,000,000 from Mrs. Nguyen Thi T.

According to the first part of the First Instance Verdict, 39 people were summoned to participate in the proceedings as persons with related interests and obligations. However, according to the contents of the case, only 36 people were enabled to flee abroad. The Court of First Instance did not state the reasons for participating in the proceedings of three persons with related interests and obligations, namely, Mr. Thoi Van T, Mrs. Hoang Thi K, Mr. Nguyen Van T. There are 2 persons with related interests and obligations that the Court of First Instance wrongly determined their names, in specific, Phan Anh T was wrongly written as Nguyen Van T; Ha Van H (with mark for falling tone) was wrongly written as Ha Van H (without mark for falling tone).

The People's Court of Quang Binh Province is requested to hear the case under appellate procedure the case according to the amended version of the First Instance Verdict on the handling of the material evidences of the case, and correct First Instance Verdict’s errors.

At the appellate trial:

Procurators practicing the right to prosecute the case under appellate procedure uphold the appeal and request the Appellate Trial Panel to accept the appeal to remedy the First Instance Verdict in the direction of temporarily seizing the amount of VND 97,500,000 to ensure the execution of the Verdict.

Nguyen Van T presents that his family suffers hardships, apart from the amount of 97.500.000 that he and his family has returned to the Investigation Agency during the investigation stage of the case, he has also borrowed and taken out loans to return almost full amount of money that they have paid to him.  He proposes the Trial Panel not to accept the appeal and the opinion of the procurator at the appellate trial in order for he to keep returning money to the rest of those who have paid to him; those with related interests and obligations present at court sessions propose the Court to settle cases as per the law.

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:

With regard to the charge and sentence imposed on Nguyen Van T: First Instance Criminal Case declares the defendant Nguyen Van T guilty of "Organizing others to flee abroad” pursuant to Clause 1 of Article 275; Points b and p, Clause 1 and Clause 2, Article 46 of the Criminal Code and sentenced to 30 months' imprisonment with probation order; the probation period is 60 months from the first instance pronouncement date. Within the statutory time limit, the charge and sentence in the First Instance Verdict does not have any appeal, so it will remain legally effective from the expiry of time limit for the appeal.

[1] In terms of appeal of the People's Procuracy of Quang Binh Province against the decision to deal with the material evidence and opinion of procurators at the appellate trial requesting the Trial Panel to amend the First Instance Verdict in the direction of temporarily seizing the amount of VND 97,500,000 to ensure the execution of the Verdict and requesting clarification to correct and amend the errors and conflicts of the First Instance Verdict, the Trial Panel considers that:

According to the evidence and documents available in the case file, results of questioning, public debate at the court session, in the evening of February 11, 2017, Nguyen Van T was caught by the Police Agency for the act of organizing 36 people to flee abroad.  The process of investigation has proved that out of 36 people who were organized by T to flee abroad, 21 people have paid to T with the amount of VND 102,500,000, including the amount of VND 5,000,000 which the couple Nguyen Van V and Tran Thi H gave to Mrs. Nguyen Thi M, the owner of the coach ticket agent in Village S, Commune N, Bo Trach District to deposit the passenger tickets as stated in the first part of the First Instance Verdict, including 3 people whose full names were wrongly written:

Mr. Nguyen Thanh H, born in 1991, residing in Quarter 9, Town G, District GL, Quang Tri Province, wrongly written as Nguyen Van H in the First Instance Verdict.

Mr. Ha Van H (with the mark for falling tone), born in 1975, residing in P village, Commune T, D city, Quang Binh Province, wrongly written as Ha Van H (without the mark for falling tone) in the First Instance Verdict;

Mr. Phan Thanh, born in 1997, residing in Hamlet 1, Commune H, District B, Quang Binh Province, wrongly written as Phan Van T in the First Instance Verdict, and as Nguyen Van T in the Appeal.

According to the First Instance Verdict, the defendant compensated and agreed to compensate for 11 people with the amount of VND 59,000,000, the remaining 10 people have not been compensated with the amount of VND 44,500,000, including:

1, Mr. Duong Dinh L, born in 1977, residing in Village 2, Commune T, District B, Quang Binh Province, has not been compensated of VND 4,000,000;

2, Thoi Trung H, residing in village V 2, commune T, District B, Quang Binh Province, has not been compensated of VND 4,000,000;

3, Mr. Hoang Van V, born in 1987, residing in Village 3, Commune H, District B, Quang Binh Province; 

4, Mrs. Cao Thi Thu H, born in 1992, residing in Village 3, Commune H, District B, Quang Binh Province;

5, Cao Na R, born in 1988, residing at 290E, Street B, City S, Soc Trang Province. They have not been compensated of VND 15,500,000;

6, Ha Van H, born in 1975, residing in P village, Commune T, D City, Quang Binh Province, has not been compensated of VND 6.500.000; 

7, Mr. Dinh Anh T, born in 1978, residing in Village Q, Commune T, District M, Quang Binh Province, has not been compensated of VND 3.500.000.

8, Nguyen Thi T, born in 1993, residing in Village 2, Commune T, District B, Quang Binh Province, has not been compensated of VND 5,000,000;

9, Nguyen Van V, residing in Village D, District B, Quang Binh Province.

10, Tran Thi H, residing in Village D, District B, Quang Binh Province.

They have not been compensated of VND 3,000,000;The case file shows 11 paying certificates and 1 receipt of money with the amount of money that the defendant Nguyen Van T has returned, totaling VND 74,500,000 VND, including:

1, Certificate dated June 5, 2017 of Mrs. Nguyen Thi L (Tran Van H’s mother), residing in Village 4, Commune H, District B, T returned VND 4,000,000;

2, Certificate dated June 6, 2017 of Mrs. Hoang Thi M (Nguyen Van T’s mother), residing in Village M, Commune V, District B, T returned VND 7,500,000;

3, Certificate dated May 26, 2017 of Mrs. Pham Thi H (Nguyen Thi L3’s mother), residing in the Village 2, Commune H, District B, T returned VND 5, 000,000;

4, Certificate dated May 10, 2017 of Nguyen Van D, residing in Village 2, Commune T, District B, T returned VND 4,000,000;

5, Certificate dated 2017 of Duong Van D, residing in Village 2, Commune T, District B, T returned VND 4,000,000;

6, Certificate dated May 28, 2017 of Mrs. Hoang Thi L (Nguyen Thi M’s mother), residing in the Village 8, Commune H, District B, T returned VND 6,000,000;

7, Certificate dated June 7, 2017 of Mrs. Nguyen Thi L4, residing in Village 1, Commune H, District B, T returned VND 4,000,000;

8, Certificate dated June 7, 2017 of Phan Thanh T (wrongly written as Phan Van T in the First Instance Verdict), residing in Village 1, Commune H, District B, T returned VND 5,000,000;

9, Certificate dated July 15, 2017 of Pham Quang T, residing in Quarter 3, Town G, District GL, Quang Tri Province, T returned VND 7,000,000;

10, Certificate dated July 10, 2017 of Nguyen Thanh H (wrongly written as Nguyen Van H in the First Instance Verdict), residing in Quarter 9, Town G, District GL, Quang Tri Province, T returned VND 6,000,000;

11, Certificate dated June 4, 2017 of Mai Van T, residing in Quarter 3, Town G, District GL, Quang Tri Province, T returned VND 6,500,000;

12, Receipt of money dated August 30, 2017 of Mrs. Do Thi H (Hoang Van V’s mother), Cao Thi Thu H, residing in Village 3, Commune H, District B, Quang Binh Province, T returned VND 15,500,000.

According to 11 certificates and 1 receipt of money mentioned above, apart from the fact that the defendant Nguyen Van T and his family have returned the amount of VND 97,500,000, the Investigation Agency transferred into the account of the Sub-Department of Civil Judgment Enforcement of Bo Trach District on June 9, 2017, Nguyen Van T also returned to 12 persons with related obligations the amount of VND 74,500,000, rather than the defendant has compensated and agreed compensation for 11 people with the amount of VND 59,000,000 as stated in the First Instance Verdict.  Accordingly, only 6 people have not been returned by Nguyen Van T including:

1, Duong Dinh L, residing in Village 2, Commune T, District B, Quang Binh Province: VND 4,000,000;

2, Thoi Trung H, residing in Village 2, Commune T, District B, Quang Binh Province: VND 4,000,000;

3, Ha Van H, residing in Village P, Commune T, Da Nang city, Quang Binh Province: VND 6,500,000;

4, Dinh Anh T, residing in Village Q, Commune T, District M, Quang Binh Province: VND 3,500,000;

5, Nguyen Thi L, residing in Village 2, Commune H, District B, Quang Binh Province: VND 5,000,000;

6, Nguyen Van H, residing in Village D, District B, Quang Binh Province: VND 3,000,000. (Mr. V and Mrs. H paid Mrs. Nguyen Thi M VND 5,000,000 for the coach tickets, after T was arrested, Mrs. M charged VND 3,000,000 for the coach tickets and returned VND 2,000,000 to them).

Total money that 6 people have not been returned by Nguyen Van Thoan is VND 26,000,000, rather than 10 people who have not been returned VND 44,500,000 by Nguyen Van T as stated in the First Instance Verdict.

According to the contents of the First Instance Verdict, decision therein mismatches the evidence and documents available in the case file in terms of the names of those who have been returned by Nguyen Van T and equivalent money, and names of those who have not been returned to by Nguyen Van T and equivalent money. The People's Procuracy of Quang Binh Province appealed the handling of the material evidence of the case of the First Instance Verdict through the First Instance Verdict, thus failing to indicate the specific differences and errors of the First Instance Verdict according to the documents contained in the case file mentioned above.

The First Instance Verdict refers to Article 41 of the Criminal Code, Article 76 of the Criminal Procedure Code to deal with material evidence of the case and return the defendant Nguyen Van T the amount of VND 97,500,000 in order for him to return to 10 who have not been returned money. The appeal of the People's Procuracy of Quang Binh Province requests the Court to hear the case under appellate trial, to revise the First Instance Verdict in the direction of temporarily keeping the amount of VND 97,500,000 to ensure the execution of the Verdict but not to indicate the purpose(for the Civil Judgment Enforcement Agency to return those who have not been refunded by Nguyen Van T or to confiscate them to the State funds).  The opinion of the procurator at the trial requesting the Trial Panel to accept the appeal for the appellate trial in the direction of temporarily seizing the amount of VND 97,500,000 to confiscate them to the State fund prejudices the defendant and those to be returned money; the opinion of the procurator which prejudices the defendant and those to be returned money is raised when it is beyond the time limit for appeal filed by the superior People’s Procuracy as prescribed in Clause 1 Article 234 of the Criminal Procedure Code.

As the appeal of the People’s Procuracy of Quang Binh Province is not specific about the purpose for keeping the amount of VND 97,500,000 and the opinion of the procurator at the trial which prejudices the defendant and those with relevant rights and obligations is raised beyond the time limit for appeal filed by the superior People’s Procuracy, the Trial Panel denies the appeal.

[2] In this case, the persons with relevant rights and obligations are those who have committed legal violations but it is not likely to lead to criminal liability, so the Investigation Agency does not deal with them. However, the amount of money they have paid to Nguyen Van T to take them flee abroad must be confiscated to the State fund as prescribed in Article 41 of Criminal Code, Point c Clause 2 Article 76 of the Criminal Procedure Code. The First Instance Verdict’s pronouncement to return Nguyen Van T VND 97,500,000 in order for he to return to those who have paid him is wrong.

Although the First Instance Verdict was wrongful in handling of the amount of VND 97,500,000 mentioned above, the Criminal Procedure Code does not regulate that the court of appeal is permitted to quash or revise the legally effective part of the first instance verdict which has been found wrongful during the appellate proceedings. Therefore, the Court of Appeal must uphold the First Instance Verdict. In consideration of the mistake of the First Instance Verdict in handling of the money as evidence of the case, Trial Panel requests the Chief Justice of the Superior People’s Court of Da Nang, Chief Procurator of Superior People’s Procuracy of Da Nang to consider the appeal under cassation review in the direction of seizing the amount of VND 97,500,000 of those who have been enabled to flee abroad by Nguyen Van T to the State fund.

For other errors and mistakes mentioned in the Appeal, documents available in the case file show that:

The case file shows that Hoang Van V paid money to T on behalf of him, his wife Cao Thi Thu Ha and his brother-in-law Cao Na R, so the First Instance Verdict determined that the amount of VND 15,000,000 would be returned to Hoang Van V, Cao Thi Thu Ha, Cao N R.

The case file shows that Mrs. Nguyen Thi T, born in 1993, residing in Village 2, Commune H, District B has paid Nguyen Van T VND 5,000,000, but the First Instance Verdict determined that Nguyen Van T has to return Mrs. Nguyen Thi T VND 8,000,000 is wrong.

The First Instance Verdict determined that 39 people were summoned to participate in the court hearing as persons with relevant rights and obligations but only 36 people were enabled to flee abroad by Nguyen Van T because there were 2 people who were not enabled to flee abroad by Nguyen Van T but they knew his work and had paid money in order for T to take their children and grandchildren flee abroad, including: Mr. Thoi Van T is Thoi Trung H’s father, Mrs. Hoang Thi K is Nguyen Van T2’s aunt.

Mr. Nguyen Van T1 is the father of Nguyen Van T; he was summoned to participate in the court hearing as the person with relevant rights and obligations according to the amount of VND 25,500,000 he has submitted out of VND 97,500,000 as the evidence of the case.

The mistake of the First Instance Verdict in terms of wrong names of the 3 persons with relevant rights and obligations has been stated at the beginning of the Verdict, so it is unnecessary to reiterate this mistake.

[3] With regard to court fees: According to the Appeal of the People’s Procuracy, Nguyen Van T has to pay the appellate criminal court fee.

Other decisions of the First Instance Verdict which do not have any appeal will remain legally effective from the expiry of time limit for the appeal.

Pursuant to documents and evidence mentioned above:

HEREBY DECIDES

Pursuant to Point a Clause 2 Article 248 of the Criminal Procedure Code;

1, Dismiss the Appeal of the People’s Procuracy of Quang Binh Province and uphold the First Instance Verdict to return Nguyen Van T VND 97,500.000.

2, Propose the Chief Justice of Superior People’s Procuracy of Da Nang, Chief Procurator of Superior People’s Procuracy to consider the First Instance Verdict under cassation review against the wrongful decision to return Nguyen Van T VND 97,500,000.

3, With regard to court fees:

Nguyen Van T does not have to pay the appellate criminal court fee.

Other decisions of the First Instance Verdict which do not have any appeal will remain legally effective from the expiry of time limit for the appeal. The Appellate Verdict takes effect from the date of pronouncement (November 24, 2017).


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Verdict No. 87/2017/HS-PT dated November 24, 2017 on organizing others to flee abroad

Số hiệu:87/2017/HS-PT
Cấp xét xử:Phúc thẩm
Agency issued: Tòa án nhân dân Quảng Bình
Field:Hình sự
Date issued: 24/11/2017
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