Uphold the 5-year prison sentence for defendant Nguyen Van Oai

Nguyen Van Oai was born in 1981, in hamlet 4, Quynh Vinh commune, Hoang Mai town, Nghe An province.

Overview of the appeal hearing on the morning of January 15. Photo: PV

Previously, on the morning of September 18, 2017, the People's Court of Hoang Mai Town conducted a first-instance trial of the criminal case against defendant Nguyen Van Oai for the crimes of resisting people on official duty as prescribed in Article 257; and the crime of failing to comply with judgments as prescribed in Article 304 of the 1999 Penal Code.

According to the first instance verdict, on January 8 and 9, 2013, the People's Court of Nghe An province held a public first instance trial of the criminal case against 14 defendants, including Nguyen Van Oai, for the crime of "Activities aimed at overthrowing the people's government" as prescribed in Article 79 of the Penal Code.

According to the indictment, the defendants prosecuted in this case have traveled abroad many times to attend training courses directly introduced by leaders of Viet Tan - a reactionary organization in exile abroad. Viet Tan also provided money and equipment such as computers, cameras, cameras, phones, etc. and directed the defendants to give aliases so that they could return to the country to operate against the State and destroy the peaceful lives of the people.

The jury is doing the procedures at the trial. Photo: PV

At this trial, defendant Nguyen Van Oai confessed: "I am a member of the Viet Tan Party admitted on November 26, 2010 at Hai Au Hotel, Cua Lo Town". At the end of the trial, the Trial Council sentenced 14 defendants for the crime of "Activities aimed at overthrowing the people's government" to a total of 82 years in prison, of which defendant Nguyen Van Oai was sentenced to 4 years in prison and 4 years of probation from the date of completing the main sentence. After Nguyen Van Oai completed his prison sentence at Nam Ha Prison, he was transferred to his residence in Quynh Vinh Commune, Hoang Mai Town, Nghe An Province to continue serving an additional sentence of 4 years of probation, prohibited from leaving the place of residence according to the first instance judgment No. 01/2013/HSST dated January 9, 2013 of the People's Court of Nghe An Province.

Nguyen Van Oai did not fulfill his obligation to present himself and report to the People's Committee of Quynh Vinh Commune once a month at the beginning of the month according to the provisions of the Law on Enforcement of Criminal Judgments without any reason. The Commune Police successively drew up 18 records of violations of the obligation to execute the sentence, and directly came to explain and persuade twice.

Lawyer Ha Huy Son participated in defending the defendant. Photo: PV

Oai's mother and wife at the trial. Photo: PV

The Chairman of the People's Committee of Quynh Vinh commune has successively issued 3 notices requesting the execution of the probation sentence and signed 14 summons for Nguyen Van Oai to come to the People's Committee of the commune to perform the execution of the probation sentence, but Nguyen Van Oai did not accept or comply.

Nguyen Van Oai has left his place of probation at least twice without permission. The authorities have repeatedly reminded and educated him, and issued administrative sanctions three times, but Nguyen Van Oai still deliberately refused to comply with his defiant attitude, even fiercely resisting the officers on duty.

Based on the evidence and documents examined at the trial and the results of the debate at the trial, on the basis of a full and comprehensive review of the evidence documents, opinions of the prosecutor, defendant, and defense attorney, the Trial Panel determined: The above acts of the defendant Nguyen Van Oai committed the crime of "Failure to comply with the judgment" and the crime of "Resisting a person on official duty", as prescribed in Article 304 and Clause 1, Article 257 of the Penal Code.

Defendant Nguyen Van Oai at the appeal hearing. Photo: PV

The first instance trial panel decided to apply Article 304 of the 1999 Penal Code; Point g, Clause 1, Article 48 of the 1999 Penal Code; Resolution No. 41 of the 14th National Assembly; Clause 3, Article 7 of the 2015 Penal Code (amended and supplemented in 2017): to sentence Nguyen Van Oai to 2 years in prison;

Applying Article 257 of the 1999 Penal Code; Point g, Clause 1, Article 48 of the Penal Code, Nguyen Van Oai is sentenced to 3 years in prison;

Applying Article 50 of the Penal Code, Nguyen Van Oai is forced to serve the sentence of 2 crimes of 5 years in prison, the prison term calculated from the date of detention (January 19, 2017);

Applying Article 51 of the Penal Code, Nguyen Van Oai is required to serve a probation sentence and is prohibited from leaving his place of residence for 4 years from the date of completion of the prison sentence of this sentence.

At the appeal hearing, based on the content of the case, based on the documents in the case file that were debated at the trial, and the opinions of the witnesses, the Trial Panel determined: At the trial, the defendant Nguyen Van Oai admitted that his actions in this case were almost exactly as stated in the first instance judgment, but did not admit that he had committed a crime.

This is a case in which defendant Nguyen Van Oai clearly realized that not complying with the probation sentence and resisting law enforcement officers was a violation of the law, but with his disregard for the law and lack of civic responsibility, he deliberately embarked on a path of crime, despite the responsible authorities having done their best to persuade, educate, and encourage him.
The defendant's criminal acts have violated the proper operation of the enforcement agency and violated the order of State administrative management, causing very negative impacts on social order and security, causing discontent among the people.
Therefore, it is necessary to apply a strict penalty commensurate with the nature of the crime. The measure of isolating the defendant from society is necessary to punish and reform the defendant into a useful person, and at the same time to deter and prevent the general society.
During the investigation and at trial, defendant Oai showed no remorse and there were no other mitigating circumstances, so he was not entitled to any mitigating circumstances.
For the above reasons, the Appellate Court decided to declare the defendant Nguyen Van Oai guilty of two crimes: "failure to comply with the judgment" and "resisting a person on official duty".
The total sentence for the defendant Nguyen Van Oai to serve the sentence for the two crimes is 5 years in prison. The prison term is calculated from January 19, 2017. Nguyen Van Oai is required to serve the probation sentence of Judgment No. /1/2013/HSST dated January 9, 2013 of the People's Court of Nghe An province for a period of 4 years, from the date of completion of the prison sentence of this judgment.
The appellate judgment takes effect from the date of judgment.

The appeal verdict against Nguyen Van Oai was the right person for the right crime, highly appreciated by the majority of people attending the trial, and is a lesson and warning for those who still intend to disregard the law.