Upholding 12-year prison sentence for man plotting to overthrow the people's government

Previously, on the morning of December 15, 2020, the People's Court of Nghe An province held a first-instance trial of the criminal case against defendant Tran Duc Thach. According to documents in the case file and developments at the first-instance trial, Tran Duc Thach and a number of other subjects discussed and agreed to establish the "Brotherhood for Democracy" to build a "pluralist, multi-party" democratic political regime with a "separation of three powers" political system in Vietnam. When it was first established, Tran Duc Thach was assigned to hold the position of "Chief Representative of the Central Region" of the "Brotherhood for Democracy".

As a core member of the founding of the "Brotherhood for Democracy", Tran Duc Thach carried out activities to overthrow the people's government such as: participating in meetings and discussions of members; building structures and organizations; contributing ideas to build the "brief platform of the Brotherhood for Democracy".

Defendant Tran Duc Thach at the trial. Photo: PV

Through his personal Facebook page, Tran Duc Thach also drafted and posted many articles with content distorting economic, political and social events; defaming and insulting Party and State leaders. These documents were collected and examined by the Nghe An Provincial Police Security Investigation Agency.

The conclusion of the appraisal shows that the documents have propaganda content against the Socialist Republic of Vietnam such as: Containing content that distorts, opposes, and defames the government and the people; fabricated information, causing confusion and anger among the people; information content that causes psychological warfare. In addition, Tran Duc Thach also has relationships with individuals and organizations at home and abroad to receive financial support.

Pursuant to the provisions of the law, the Trial Panel of the first instance sentenced the defendant Tran Duc Thach to 12 years in prison for the crime of “Activities aimed at overthrowing the people’s government”; at the same time, placed him under probation for 3 years from the date of completion of the prison sentence; deprived him of the right to run for election as a representative of State power agencies, the right to work in State agencies and the right to serve in the People’s Armed Forces for 3 years from the date of completion of the prison sentence. Believing that he was wronged, the defendant Tran Duc Thach filed an appeal against the judgment of the first instance.

Nghe An: 12 years in prison for the man who plotted to overthrow the government

(Baonghean.vn) - The People's Court of Nghe An province sentenced defendant Tran Duc Thach to 12 years in prison for the crime of "Activities aimed at overthrowing the people's government", according to the provisions of Clause 1, Article 109 of the Penal Code.

At the appeal hearing, the Trial Panel questioned the defendant, reviewed and evaluated documents and evidence related to the case. The debate at the appeal hearing clarified that the documents and evidence in this case were collected objectively, comprehensively, and in accordance with the procedures prescribed by the Criminal Procedure Code.

The Trial Panel found that the defendant's actions were particularly serious, taking place over a long period of time with the aim of opposing the government and overthrowing the government; together with other subjects, he linked up with reactionary organizations at home and abroad, sought support and financial sponsorship to propagate against the State, with the aim of when the force was strong enough, waiting for the right time to openly operate, confront the government, change the political system in Vietnam to build a "pluralism, multi-party" regime, "separation of three powers", and overthrow the people's government, going against the interests of the people;...

Panorama of the trial. Photo: PV

Regarding personal background, the defendant was tried, convicted and sentenced to 3 years in prison and 3 years of probation after completing his prison sentence for the crime of "Propaganda against the Socialist Republic of Vietnam", but the defendant did not take that as a lesson, but continued to commit the above-mentioned acts.

Therefore, the Appellate Court assessed: It was necessary for the investigation agency at the first instance to prosecute and bring the defendant to trial. The court of first instance comprehensively and objectively considered the circumstances of the case, considered the aggravating and mitigating circumstances of the defendant, and sentenced the defendant to the above sentence, which was appropriate and commensurate with the defendant's behavior and level of violation. At the appeal hearing, the defendant also did not present any new special mitigating circumstances.

The appellate court decided not to accept the defendant's appeal; upheld the original criminal judgment against defendant Tran Duc Thach.

Tran Duc Thach - a man who opposed the government - was detained.

(Baonghean.vn) - Nghe An Province Police are currently detaining Tran Duc Thach for 4 months for the act of "Activities aimed at overthrowing the people's government". This subject has been sentenced for the crime of Propaganda against the Socialist Republic of Vietnam.