Prison sentence for those who committed 'Activities aimed at overthrowing the people's government'

The indictment of the People's Procuracy of Nghe An province clearly stated: During the period from June 2020 to January 2021, Tran Huu Duc (in Xuan Lam commune, Nam Dan district), through the social network Facebook, contacted the subjects Ho Thi Xuan Huong and Ngo Cong Tru, members of the terrorist organization "Provisional National Government of Vietnam" based in the US, led by Dao Minh Quan.

Following the instructions of the above subjects, Tran Huu Duc collected personal information of 36 citizens residing in Nam Linh, Xuan Lam, and Kim Lien communes of Nam Dan district, Nghe An province and sent it to Ho Thi Xuan Huong to register to participate in the "Referendum" to elect Dao Minh Quan as president of the "Third Republic of Vietnam".

Defendant Tran Huu Duc at trial. Photo: Nguyen Nguyen

Next, Tran Huu Duc wrote an application via the Facebook account “Toi Que Huong” to join the organization “Provisional National Government of Vietnam”; insulted the leader on the Vietnamese currency and then took a photo and sent it to Ngo Cong Tru to register to join the organization “Provisional National Government of Vietnam”, with the aim of overthrowing the leadership role of the Communist Party of Vietnam and abolishing the Socialist Republic of Vietnam regime.

In addition, Tran Huu Duc also posted, shared, and sent messages via Facebook about many videos and articles related to the organization “Provisional National Government of Vietnam” with content that distorts and opposes the Party and State of Vietnam. Tran Huu Duc carried out activities aimed at overthrowing the people's government in the preparatory stage, and therefore must bear criminal responsibility.

Tran Huu Duc's actions violated the crime of "Activities aimed at overthrowing the people's government" as stipulated in Clause 3, Article 109 of the Penal Code. At the trial, Tran Huu Duc admitted all the above violations and defended himself by saying that he was "due to lack of understanding, being seduced, and having an unstable mind" and realized his wrongdoings.

One detail that the People's Jurors analyzed in court made Tran Huu Duc feel even more remorseful: Duc's father and brother were war invalids who participated in the resistance war to gain peace and unify the country.

The first instance trial of defendant Tran Huu Duc. Photo: Nguyen Nguyen

Pursuant to the provisions of law, considering mitigating circumstances, the defendant has no previous convictions, the first instance trial panel sentenced defendant Tran Huu Duc to 3 years in prison for the crime of "Activities aimed at overthrowing the people's government". The defendant was also sentenced to 2 years of probation from the end of his prison term.

Previously, on January 21, the Investigation Security Department (Nghe An Provincial Police) coordinated with Nam Dan District Police and Nghe An Provincial Police's Professional Department to conduct an investigation.Arrested Tran Huu Duc (born 1964), residing in Nam Dan district, to investigate his activities aimed at overthrowing the people's government., according to Article 109 of the Penal Code. Executing an emergency search warrant at Tran Huu Duc's residence in Xuan Lam commune, Nam Dan district, the police seized many documents related to Tran Huu Duc's criminal activities.