Nguyen Van Oai was sentenced to 5 years in prison and 4 years of probation.

(Baonghean.vn) - After considering aggravating and mitigating circumstances, the Trial Panel sentenced defendant Nguyen Van Oai to a total of 5 years in prison and 4 years of probation, prohibited from leaving his place of residence.

» First instance trial of criminal case against defendant Nguyen Van Oai

On the morning of September 18, the People's Court of Hoang Mai Town conducted the 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 execute a sentence as prescribed in Article 304 of the 1999 Penal Code.

At the trial, the Trial Panel questioned the defendant Nguyen Van Oai, witnesses, and related persons; announced the statements at the investigation agency of absent persons; reviewed and evaluated documents and evidence related to the case to clarify and fully clarify the details of each incident and each crime of the case.

The jury examined the evidence and exhibits in the case. Photo: PV

Although at the trial, defendant Nguyen Van Oai did not give an honest statement, the documents and evidence collected by the investigation agency and reviewed and evaluated by the panel of judges at the trial showed that the documents and evidence were collected objectively, comprehensively, and in accordance with the procedures prescribed by the Criminal Procedure Code. The documents and evidence are all valuable in proving Nguyen Van Oai's criminal acts.

Accordingly, after Nguyen Van Oai completed his prison sentence at Nam Ha prison (at the trial held on January 8 and 9, 2013, trying the defendants for the crime of "Activities aimed at overthrowing the people's government", defendant Nguyen Van Oai was sentenced to 4 years in prison and placed on probation for 4 years from the date of completing the main sentence), he was transferred to his residence in Quynh Vinh commune, Hoang Mai town, Nghe An province to continue serving the 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.

Lawyer Ha Huy Son - Hanoi Bar Association participated in defending defendant Nguyen Van Oai.

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

The Chairman of the People's Committee of Quynh Vinh commune issued three notices requesting Nguyen Van Oai to fulfill his probationary sentence and signed 14 summons to the People's Committee of the commune to fulfill his probationary sentence, but Nguyen Van Oai did not accept or comply.

Nguyen Van Oai has left his place of probation without permission at least twice. 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, the defendant, and the 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.

The jury announced its verdict.

After deliberation, the 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 5 years in prison for 2 crimes, the prison term is calculated from the date of detention (January 19, 2017);

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

The verdict was highly appreciated by the majority of people attending the trial, it was a harsh verdict, the right person for the right crime. Defendant Nguyen Van Oai was born and raised when the country was peaceful and independent. To have a peaceful and independent environment for the defendant to grow up, many generations of Vietnamese people had to sacrifice blood, sweat and tears to gain independence and build the country. The defendant should have trained and strived to become a useful person for society. "Live a good life, be good in religion", worthy of the family tradition, but the defendant listened to reactionary elements, participated in activities aimed at overthrowing the people's government, opposing the State, going against the interests of the whole nation.

Brought to trial, forced to serve prison sentence and local probation. The defendant should have taken this as a lesson, reformed himself to become a filial son, a good husband, a useful citizen for society, but the defendant still deliberately did not comply with a more defiant and rebellious attitude, committed many illegal acts, showed recklessness, disregarded the discipline of the law, and endangered society. This will also be a lesson, a warning for those who still intend to disregard the law, go against the interests of the people, oppose the Party, and oppose the State.

Reporter group