07/10/2022 10:20

Collection of judgments on compensation for in justice cases in criminal procedure in Vietnam

Collection of judgments on compensation for  in justice cases in criminal procedure in Vietnam

“I know that there are a lot of injustice judgments and I wonder what the compensation for these cases is. I hope LawNet finds injustice compensation judgments for my reference. Thank you!" _ Hoai Anh (Long An)

Hello Hoai Anh, to meet your requirement, LawNet would like to send you some judgments on compensation for damages in the following criminal procedure :

1. Judgment No. 09/2018/DS-PT on compensation dispute in criminal procedure 

+ Adjudicated by: People's Court of Bac Kan province.

+ Quote from the content:  "On April 28, 2014, Ms. L received the decision to prosecute defendant No. 56 on April 28, 2014 by the Investigative Police Agency of City B Police against Pham Thi L for the crime of "Gambling". On November 19, 2015, she received Decision No. 03/KSĐT dated November 19, 2015 of the People's Procuracy of City B, deciding to suspend the accused against Pham Thi L for not committing any crime of gambling. On May 12, 2016, she made a request to the People's Procuracy of City B, Bac Kan province to compensate for damage caused by unfairness and on August 22, 2016 she received Decision No. 02 dated August 22, 2016 on the settlement of compensation for Ms. Pham Thi L. Because she did not agree with this settlement decision, she filed a lawsuit against Ms. Pham Thi L request the People's Court of City B, Bac Kan province to settle and compel the People's Procuracy of City B to compensate her for the following amounts: Compensation for mental loss totaling 660,000,000 VND; Material damage due to damage to health is 560,000,000 VND.”

2. Judgment 40/2019/DS-PT dated February 25, 2019 on compensation disputes in criminal procedure 

+ Adjudicated: People's Court of Ben Tre province.                            

+ Quote from the content: “On May 2, 2013, there was a waterborne accident that killed three people in hamlet V, commune V2, district C1, Long An province. When the incident happened, Mr. T was attending the death anniversary at his house in D commune, district C, Ben Tre province. On December 26, 2013, the police of C1 district, Long An province thought that Mr. T was the person with related rights and obligations in the case, so he detained him with the captain of his first-class inland waterway vessel. from December 26, 2013 to November 26, 2015. On February 28, 2014, Mr. T was criminally prosecuted by the procedural agency of C1 district, Long An province with the crime of handing water transport vehicles to people who are not qualified to drive. On April 22, 2014, Mr. T was detained by the C1 District Police, Long An Province. On August 29, 2014, Mr. T was brought to trial and the People's Court of District C1, Long An province sanctioned Mr. T for committing the crime of assigning an unqualified person to operate a water transport vehicle with a penalty of imprisonment up to 07 years according to the first-instance criminal judgment No. 17/2014/HS-ST dated August 26, 2014. After that, Mr. T filed an appeal and the People's Court of Long An province issued a decision to cancel the first-instance judgment No. 17/2014/HS-ST dated August 26, 2014 of the People's Court of District C1, province Long An. On October 13, 2015, the Investigation Police Agency of District C1, Long An Province issued a Decision to suspend investigation No. 01 on October 13, 2015 against Mr. T due to his non-criminal behaviour.  After that, Mr. T sent an application to the People's Court of District C1, Long An province to compensate him for injustice with a total amount of 395,916,036 VND.

3. Judgment 778/2017/DS-PT dated August 29, 2017 on compensation disputes in criminal procedure 

+ Adjudicated by: People's Court of City H.

+ Quote from the content:  “On February 6, 2011, Mr. Nguyen Xuan P was assigned to drive the SE2 train from SG station to MM station. At 19:00, the train departed at SG station, when the train was close to Ghenh bridge - BH, the train's steering board performed the response mode and confirmed the signal for the train to cross the bridge. At that time, when a car was discovered on the bridge, the train driver braked suddenly, but because the distance was too close, the accident happened. After the accident, Mr. P was prosecuted and detained by the BH City Police on February 6, 2011. The People's Procuracy of BH City prosecuted Mr. P for violating regulations on railway vehicle control. On 11/11/2011, Mr. P received the decision to cancel the detention measure. On April 5, 2016, Mr. P received Decision 2836/VKS of the People's Procuracy of BH city to suspend the case against him. Because the People's Procuracy of BH city, the province of DN improperly prosecuted and detained him, he requested compensation for damage."

4. Judgment 01/2021/DS-ST dated February 4, 2021 on compensation for damage due to injustice judgment of  the procedure-conducting agency in criminal procedure

+ Adjudicated by: People's Court of Giao Thuy district, Nam Dinh province. 

+ Quote from the content: "On July 5, 1991, the police of Xuan T district (now Giao T district) issued a decision to prosecute the case and prosecute the accused against Mrs. defined in Clause 1, Article 240 of the Criminal Code 1985 and arrested on December 13, 1991. On January 6, 1992, the People's Procuracy of Xuan Thuy district issued indictment No. 97/HS-TA to prosecute Ms. H under the above crime and law. On January 22, 2020, the Chief Procurator of the People's Procuracy of Giao Thuy district issued a decision to suspend the investigation of the case and a decision to suspend the accused against Le Thi H due to insufficient elements to constitute a crime. On March 2, 2020, the People's Procuracy of the district received Ms. Le Thi H's request for a compensation settlement. On March 25, 2020, the People's Procuracy of Giao Thuy district held a rectification meeting, publicly apologized to Ms. H at the headquarters of the T Commune People's Committee. The district People's Procuracy and Ms. H negotiated but failed."

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Nguyen Sang
31


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