6 special things at the trial of Mr. Dinh La Thang

The first-instance trial of the case involving Dinh La Thang and Trinh Xuan Thanh, which revolved around violations at the Vietnam Oil and Gas Group (PVN) and the Vietnam Oil and Gas Construction Corporation (PVC), has just gone through 10 working days, with an intensity of nearly 10 hours per day. The panel of judges is currently on recess for deliberation and will announce the verdict on the morning of January 22.

The trial took place at a time when the 2015 Criminal Procedure Code and the 2015 Penal Code had just come into effect (January 1, 2018). Therefore, many forms, procedures, and procedural contents were applied for the first time.

In addition, the interrogation method, working schedule and personal background of the defendants also made many special points for the trial.

Mr. Dinh La Thang apologizes to all the people

No horseshoe

This is the first trial session in which the Hanoi People's Court applies Circular 01 of the Supreme People's Court on courtrooms, effective from January 1, 2018.

When questioned, defendants stand before a wooden platform, not a bar. During confrontations, two or three defendants stand together at the platform, able to look directly at each other.

There are also many podiums in the courtroom, each with a different position. The highest podium is where the panel of judges, including the presiding judge, judge, and jurors, sit. The court clerk sits on a lower podium in front.

Lawyers sit in the same row as the prosecutor. On either side of the defendants’ area are rows of seats reserved for related parties, civil plaintiffs, etc.

Many lawyers, when entering the questioning and debate session, thanked the panel of judges for applying the courtroom model according to the new Criminal Procedure Code. They were seated on the same level as the prosecution agency, receiving fairness between the prosecution and the defense.

Investigators confronted in court

The indictment of the case stated that during the investigation, Mr. Trinh Xuan Thanh (former chairman of PVC) gave an insincere statement and denied his crime. He also fled, causing difficulties and hindering the investigation process, so these circumstances need to be considered "to apply a severe penalty".

At the working session on January 10, arguing that the investigation agency's assessment that Mr. Trinh Xuan Thanh "did not honestly testify" affected his client's rights, the defendant's lawyer requested the panel of judges to summon the investigator to court.

A few hours later, during the afternoon session, the investigator was summoned.

Mr. Thanh's lawyer publicly requested the investigator to provide evidence of Mr. Thanh's 'circumstantial denial of guilt'. Affirming that Mr. Thanh's statements were not true to the facts of the case, the investigator explained: "The evidence and statements of the other defendants over the past two days have shown relatively clearly the actions of defendant Trinh Xuan Thanh. However, the case file shows that Trinh Xuan Thanh did not confirm these contents."

Lawyer Vu Tien Vinh said that the presence of the investigator at the trial of Mr. Dinh La Thang is the basis.Article 296 of the 2015 Criminal Procedure Code. This is one of the new points of the 2015 Criminal Procedure Code, effective from January 1, 2018, which the previous Criminal Procedure Code did not stipulate.Accordingly, when deemed necessary during the trial, the Panel of Judges may summon investigators, competent persons who have accepted and resolved the case, and other persons to the court to present issues related to the case.

Lawyer Nguyen Van Quynh said that the trial taking place in the context of the 2015 Criminal Procedure Code, which has just come into effect, will be a good opportunity to implement the judicial reforms mentioned here, especially the principle of presumption of innocence and ensuring thorough litigation.

Isolate the 'main' defendant from the beginning of the trial

On the morning of January 8, when the trial opened, before the Procuracy announced the indictment against 22 former leaders, lawyer Nguyen Van Chien (one of six lawyers defending defendant Nguyen Quoc Khanh - former deputy general director of PVN) expressed his opinion that this was a big, complicated case with many conflicting testimonies. He requested the court to isolate the defendants and witnesses with conflicting testimonies during the interrogation.

That afternoon, after the prosecutor finished reading the indictment, defendant Dinh La Thang was taken from the courtroom to the isolation area. The court also applied isolation during the interrogation of defendant Trinh Xuan Thanh.

Unlike other major trials, the panel did not question the defendants with key roles at the beginning of the interrogation. While their subordinates were being questioned, the two defendants Dinh La Thang and Trinh Xuan Thanh were escorted out of the courtroom to an isolated area. They were not brought back during the entire afternoon.

Not only the first defendant, but also defendants who played the role of accomplices and assistants such as former PVC general director Vu Duc Thuan or Pham Tien Dat were also isolated when they declared conflicts of interest with other defendants.

Special Offer

In his final statement on the morning of January 17, Mr. Trinh Xuan Thanh said his wife and two children, the youngest of whom is 6 years old, are living in Germany. Pitying his wife for taking care of their children in difficult circumstances, he hoped that after the case was over, the panel of judges would let him "go there so that he can take care of his children."

Previously, claiming that he did not pose a danger to society, at the beginning of the afternoon session on January 16, Mr. Dinh La Thang requested to change the preventive measure by allowing him to be released on bail.

He repeated this request the next morning when he gave his final words. He wanted to celebrate the last Tet with his family, friends and relatives, and then serve his prison sentence.

The defendant thanks the jury.

Many defendants, in their final statements, thanked the panel of judges for conducting a democratic trial. The head of the case, Mr. Dinh La Thang, in his final statement, also thanked the presiding judge and the panel of judges for conducting the trial in the spirit of innovation, democracy, and objectivity according to the Constitution and the spirit of judicial reform.

Trial all day on weekends

The trial began on the morning of January 8 with a working schedule starting at 8:00 a.m. But that day, the courthouse gate was already open at 5:00 a.m., the lights were on throughout the courthouse, and security forces were on duty throughout the courthouse area, the streets in front of the courthouse, and the surrounding areas. At 6:15 a.m., the convoy of vehicles carrying the defendants began entering the courthouse. The trial that day lasted until 6:00 p.m.

For the next week, every day the convoy of cars carrying the defendants arrived at the court before 7am. The court adjourned at noon around 12pm, the afternoon session began at 1:30pm, usually ending at 6:30pm, sometimes later.

The trial will still be held on Saturday and Sunday morning (January 13 and 14).