Director of Hanoi Police Department explains why Mr. Le Thanh Than's company has not been prosecuted

The Director of Hanoi City Police said that they have not yet received the results of the damage assessment, so there is no basis to initiate a case.

At the questioning session of the Hanoi People's Council this afternoon, Director of the Hanoi Police Department Doan Duy Khuong clarified why construction and fire safety violations have not yet been prosecuted at many apartment buildings of the Dien Bien Private Construction Company No. 1 of "plow tycoon" Le Thanh Than.

Why not prosecute?

This morning, Head of the Legal Committee of the Hanoi People's Council Nguyen Hoai Nam said that the private construction enterprise No. 1 Dien Bien had committed serious violations in construction order and fire prevention work.

Head of the Legal Committee of the Hanoi People's Council Nguyen Hoai Nam. Photo: Pham Hai

In particular, the City Inspectorate sent the case to the Hanoi City Police Department for investigation in August 2016, and the City Police Department Director promised to prosecute soon.

Citing the provisions of the Law on Procedural Law, from the time the agency proposes to prosecute until the time the police initiates prosecution is within 20 days, after which decisions must be made to prosecute or not to prosecute, Mr. Nam questioned the Director of the City Police Department, Doan Duy Khuong.

"The City Police Director said why up to now, the construction and fire safety violations of Dien Bien Private Construction Company No. 1 have not been prosecuted," said Mr. Nam.

According to Mr. Nam, most recently, the fire police also forwarded 13 building files of this enterprise related to fire safety.

Delegate Hoang Huy Duoc (Ba Vi) also cited the provisions in Clause 2, Article 103 of the Criminal Procedure Law, stating that the time limit for processing crime reports and recommendations for prosecution is 20 days. Clause 3 of this article stipulates that after 20 days, one of the following decisions must be made: To prosecute the case or not to prosecute the case...

Delegate Hoang Huy Duoc. Photo: Pham Hai.

Such decisions must be notified to the person reporting the crime or the person making the request or informing the information.

According to him, the story related to Dien Bien Private Construction Enterprise No. 1 was brought up at the previous session of the City People's Council.

"So after two sessions, this has created public opinion among voters that we don't know how to respond to.

That is the story that leads to the voters' trust in what we have said. Besides, it also does not ensure that the socialist legal system means that all violations must be detected promptly and handled in accordance with the provisions of the law.

We ask the City Police Director to provide more information on this story," Mr. Duoc emphasized.

Major General Doan Duy Khuong - Director of Hanoi City Police said that on November 29, 2016, the City Police Investigation Agency officially received all the documents transferred by the City Inspectorate under the direction of the Chairman of the City People's Committee.

On the same day, the Deputy Head of the Investigation Police Agency, Head of PC46 Department issued a decision to assign investigators to organize, verify, and investigate according to the procedures prescribed by law.

Director of Hanoi City Police Doan Duy Khuong. Photo: Pham Hai

Regarding the issue of the 20-day verification period mentioned by Deputy Nam and Duoc, General Khuong explained that 20 days is according to Clause 1, Article 103 of the Criminal Procedure Code, applicable to simple cases, while according to Clause 2 of this Article and Joint Circular 06, for complicated cases, the limit is no more than 60 days.

However, this is an incident that occurred at a company with many details and contents that require focused forces and measures to verify, investigate and clarify.

“We have also discussed and closely coordinated with the City People's Procuracy to supervise the activities of collecting documents and evaluating evidence, including the content that requires damage assessment.

At the same time, there has been a proposal to the Department of Finance, the specialized agency, to assess the damage, but up to now we have not received the results of this assessment, so there is no basis to prosecute the case," said General Khuong.

According to him, it is a large private enterprise with more than 20,000 employees working in 40 provinces and cities and in Laos. Therefore, the investigation and verification must be carried out with a positive and urgent spirit but must be cautious because the handling process will first affect customers and residents who have purchased and are living in these apartments. At the same time, it will affect the lives of workers working here.

"We regularly report to competent authorities, especially together with the People's Procuracy, to request the three central judicial branches to meet and listen to the reports of the City Police Department and the People's Procuracy to ask for guidance before deciding to prosecute the case and prosecute the accused," Mr. Khuong emphasized.

After listening to the answer of the Director of the City Police, Deputies Hoang Huy Duoc and Nguyen Hoai Nam pressed the button to debate again. However, Chairwoman of the Hanoi People's Council Nguyen Thi Bich Ngoc said that because there are still many contents that need to be questioned, the two Deputies will send their opinions and the responsible unit will respond in writing.

According to Vietnamnet.vn