Nam Dan District Police resolve citizen complaints

(Baonghean) - Received the transfer form No. 41.PC/BD/BNA dated January 20, 2015 of Nghe An Newspaper, along with the petition of Mr. Ho Dinh Thang. According to the petition, Mr. Ho Dinh Thang complained: The case was not resolved objectively; Pham Viet Y was also involved in the case but the investigation agency did not handle it; after the incident occurred, the investigation agency did not allow Mr. Thang to go for an assessment immediately but waited until he was finished with treatment before allowing him to go for an assessment; Requested the investigation agency to re-assess the injury.

On January 7, 2015, Nam Dan District Police issued Official Dispatch No. 141/CSDT reporting the results of handling the complaint of Mr. Ho Dinh Thang, Hamlet 3, Khanh Son Commune (Nam Dan) with the following content:

Content of the case:

At around 5:00 p.m. on July 18, 2014, Mr. Pham Viet Loc (born in 1953), hamlet 3, Khanh Son 1, Khanh Son commune, Nam Dan district, was standing on the inter-commune road when he saw Mr. Ho Dinh Thang (born in 1974), residing in hamlet 3, Khanh Son 1, Khanh Son commune, passing by on his motorbike. Due to his anger at Mr. Thang telling others about his son (Pham Viet Y, born in 1990) as "corrupt, depraved, encroaching on the road..." and not agreeing to let the Party cell consider the proposal to admit Pham Viet Y to the Party, Mr. Loc blocked Mr. Thang's car, used his right hand to punch Mr. Thang in the face, injuring Mr. Thang. Seeing his father beating Mr. Thang, afraid that Mr. Thang would attack his father, Pham Viet Y, who had a bamboo stick on his way home from asking for grease (lubricant for motorbike engines), used it to hit the road, breaking the stick, with the intention of preventing the two from fighting anymore. At the same time, Mr. Loc was afraid that Y would hit Mr. Thang, so he said, "This is my business, you can't interfere." Mr. Thang retreated about 60 meters before being stopped by everyone. After that, Mr. Thang went to Hospital 115 for treatment.

Investigation activities conducted:

- After the incident, Khanh Son Commune Police arrived at the scene, made a record of the incident, a record of examining traces on Mr. Thang's body, a record of confiscating evidence, a bamboo stick, and recorded statements from Mr. Pham Viet Loc and Mr. Pham Viet Y, and recorded statements from witnesses. On July 20, 2014, Khanh Son Police recorded statements from Mr. Ho Dinh Thang at his home. Because Mr. Thang had a request for disability assessment, on July 28, 2014, Khanh Son Commune Police transferred the entire file to Nam Dan District Police for settlement according to the law. Nam Dan District Police organized an investigation, verification, and requested a disability assessment for Mr. Ho Dinh Thang. On August 28, 2014, Nghe An Province Forensic Center sent a conclusion of assessment No. 205-14/TTPY to Nam Dan District Police, concluding that the percentage of health damage to Mr. Ho Dinh Thang was 2%.

Based on the collected evidence, the investigation agency concluded that Mr. Pham Viet Loc's intentional act of causing injury to Mr. Ho Dinh Thang did not constitute the crime of intentional causing injury according to Article 104 of the Penal Code, so it decided not to prosecute criminal case No. 33, dated September 28, 2014, and to administratively handle Mr. Pham Viet Loc according to Point a, Clause 2, Article 5, Decree 167/2013/ND-CP of the Government issued on November 12, 2013 "Fighting or inciting others to fight shall be punished with a fine from VND 500,000 to VND 1,000,000 (Mr. Loc has completed the execution). On September 28, 2014, the investigation agency issued Notice No. 61 on not prosecuting the criminal case to Mr. Ho Dinh Thang.

On September 30, 2014, the People's Procuracy of Nam Dan district issued Notice No. 77 agreeing with the decision not to prosecute case No. 33 dated September 28, 2014 of the Investigation Police Agency of Nam Dan district police, which is based on the provisions of Articles 107 and 108 of the Criminal Procedure Code.

Mr. Ho Dinh Thang did not agree with the investigation conclusion of the Criminal Police Department and the forensic conclusion of the Nghe An Province Forensic Department, so he submitted a request for a re-examination.

The Investigation Police Agency of Nam Dan District Police instructed Mr. Thang to submit a request for re-examination. After receiving Mr. Thang's request for re-examination, the Investigation Police Agency of Nam Dan District Police requested a re-examination of Mr. Ho Dinh Thang's disability at the Institute of Criminal Science - Ministry of Public Security.

On December 17, 2014, the Institute of Criminal Science - Ministry of Public Security issued Conclusion No. 4642/C54, concluding: The percentage of health damage at the time of assessment of Mr. Ho Dinh Thang was 2% (two percent).

Thus, the investigation by the police is objective and in accordance with the law.

Regarding Pham Viet Y's behavior, the investigation process, apart from Mr. Thang's accusation, did not find any documents reflecting that Y participated in beating Mr. Thang. Therefore, there is not enough basis to prosecute Y.

Pham Viet Y's business trip abroad was handled by the local government from 2013 to August 2014. Pham Viet Y was granted a visa to enter Taiwan by the Taiwanese authorities to work under a labor contract between the Vietnamese labor recruitment agency and the Taiwanese side. After obtaining all the necessary documents, Pham Viet Y went to Taiwan, which is the citizen's right as stipulated by law. Pham Viet Y did not flee abroad as stated in the petition.

Mr. Thang complained that the investigation agency did not request an injury assessment immediately after he was injured, but waited until he was cured before conducting the assessment. Regarding this issue, Point a, Clause 3, Article 155 of the Criminal Procedure Code stipulates that it is mandatory to request an assessment when it is necessary to determine: "The cause of death, the nature of the injury, the extent of damage to health or the ability to work". Therefore, to determine the extent of damage to the health of an injured person, we must wait until the person is stable in treatment before having a basis to determine the extent of damage to health.

The Investigation Police Agency of Nam Dan District Police has notified Mr. Ho Dinh Thang about the results of the petition (3 times).

So, the Investigation Police Agency of Nam Dan District Police reported to Nghe An Newspaper and responded to the citizens.

Nam Dan District Police