Group of young men were exonerated of robbery
Sentenced to more than a year in prison for robbery, Mr. Uong and his group of friends were released from prison after many years of claiming their innocence.
On December 13, the representative of the People's Procuracy of Binh Chanh (HCMC) handed over the decision to suspend the case against the accused Tran Van Uong (27 years old), Ong Van Set, Khuu Khanh Sy (34 years old, all from Soc Trang) for the crime of robbery.
The Procuracy determined that the documents and evidence collected in the case file were not sufficient to prove that Mr. Set and his friends had committed the robbery. The victims' statements were inconsistent, no evidence was collected, and there were no witnesses. The unit requested the local authorities where these three young men resided to restore the legal rights of these three young men.
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Mr. Uong was given a decision to suspend the defendant by the representative of the People's Procuracy of Binh Chanh district after nearly 4 years of claiming innocence. Photo: TG |
The investigation results of Binh Chanh District Police previously determined that on the night of December 5, 2012, while drinking at work - an animal feed production facility in Hamlet 5, Le Minh Xuan Commune, Binh Chanh District - Set, Sy and Den invited each other to Tran Dai Nghia Street to block vehicles of passersby and rob them.
Later, he saw Mr. Quyen driving his girlfriend by. Seeing a group of young men standing there holding weapons, Mr. Quyen was scared and turned his motorbike around. Den and Set rushed out and hit him with a stick but missed. The group continued to chase and throw a stick at Mr. Quyen, trying to knock his motorbike over so they could rob him, but he avoided it and ran to the militia post to report.
Le Minh Xuan commune police and militia arrived at the scene and arrested Uong and Sy, taking them to the headquarters to make a record of the arrest of the criminals in the act. Set and Den escaped.
Uong and Sy were later prosecuted for robbery. Both claimed innocence, saying that at that time the group had just finished drinking and were going to the restroom on the side of the road. Because the road was deserted and it was dark when they encountered Uong's group, Quyen was scared and shouted "robbery" and went to the police.
After several postponements of the investigation to clarify the defendants’ criminal acts, in July 2014, the People’s Court of Binh Chanh District sentenced Uong and Sy to 1 year, 7 months, and 9 days in prison (equal to the time of detention). After the trial, Uong continued to appeal, claiming his innocence, while Sy returned to his hometown to work for hire.
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During his detention, Set did not know that his father had passed away. Photo: TG |
Two months later, the Ho Chi Minh City People's Court of Appeal overturned the verdict and returned the case to the first instance court for re-investigation. According to the court, the first instance verdict had seriously violated procedural law by not allowing the defendants to confront the victim, and their statements were contradictory. The People's Procuracy prosecuted under Article 133, Clause 2 of the Penal Code, but the first instance court ruled under Clause 1, but could not prove that there was an objective act of appropriating property.
While the court returned the case for further investigation, Set was arrested. The People's Procuracy of Binh Chanh District then continued to complete the indictment to prosecute Set and his accomplices for robbery.
After examining the case file, Binh Chanh District People’s Court opened the trial twice, brought the case to trial but then returned the file. Throughout the proceedings, the victim did not appear in court.
In May, Set was released by the Binh Chanh People's Procuracy after 15 months of detention. The young man said that while he was detained, his father in his hometown suddenly passed away. When he was released and returned to his hometown, he found out that he could not see his father./.
According to VNE