The Nam Dan District Police are handling a citizen's complaint.

(Baonghean) - Received Referral Slip No. 41.PC/BD/BNA dated January 20, 2015, from Nghe An Newspaper, along with a petition from Mr. Ho Dinh Thang. According to the petition, Mr. Ho Dinh Thang complains: The case was not handled objectively; Pham Viet Y was also involved in the case, but the investigating agency did not prosecute him; after the incident, the police investigation agency did not allow Mr. Thang to undergo a medical examination immediately, but only after he had finished his treatment; He requests that the investigating agency conduct a re-examination of his injuries.

On January 7, 2015, the Nam Dan District Police Department issued Official Document No. 141/CSĐT reporting the results of resolving the complaint of Mr. Ho Dinh Thang, Hamlet 3, Khanh Son Commune (Nam Dan District), with the following content:

Details of the incident:

At approximately 5 PM on July 18, 2014, Mr. Pham Viet Loc (born 1953), residing in Hamlet 3, Khanh Son 1, Khanh Son Commune, Nam Dan District, was standing on the inter-communal road when he saw Mr. Ho Dinh Thang (born 1974), also residing in Hamlet 3, Khanh Son 1, Khanh Son Commune, riding a motorbike. Angered by Mr. Thang's statements to others about his son (Pham Viet Y, born 1990) being "corrupt, degenerate, encroaching on the road..." and his refusal to allow the Party branch to consider Pham Viet Y's application for Party membership, Mr. Loc stopped Mr. Thang's motorbike and punched him in the face with his right hand, causing injury. Seeing his father attack Mr. Thang and fearing Mr. Thang would retaliate, Pham Viet Y, who had a bamboo stick he had brought back from collecting grease (lubricating grease for motorbike engines), used it to break the stick on the road, intending to prevent the two men from fighting further. At the same time, Mr. Loc, fearing that Yi would attack Mr. Thang, said, "This is my business, you mustn't interfere." Mr. Thang retreated about 60 meters before being restrained by others. Afterwards, Mr. Thang went to Hospital 115 for treatment.

The following investigative activities have been conducted:

- After the incident occurred, the Khanh Son Commune Police arrived at the scene, drew up a report on the incident, a report on the examination of the marks on Mr. Thang's body, a report on the seizure of the bamboo stick as evidence, and recorded statements from Mr. Pham Viet Loc, Mr. Pham Viet Y, and other witnesses. On July 20, 2014, the Khanh Son Police recorded Mr. Ho Dinh Thang's statement at his home. Because Mr. Thang requested a medical examination for injuries, on July 28, 2014, the Khanh Son Commune Police transferred the entire file to the Nam Dan District Police for resolution according to the law. The Nam Dan District Police conducted an investigation, verification, and requested a medical examination for Mr. Ho Dinh Thang. On August 28, 2014, the Nghe An Provincial Forensic Examination Center issued examination conclusion No. 205-14/TTPY to the Nam Dan District Police, concluding that Mr. Ho Dinh Thang suffered a 2% health impairment.

Based on the collected evidence, the investigating agency concluded that Mr. Pham Viet Loc's act of intentionally inflicting injury on Mr. Ho Dinh Thang did not constitute the crime of intentional infliction of injury under Article 104 of the Penal Code. Therefore, they issued Decision No. 33 on September 28, 2014, not to initiate criminal proceedings and instead imposed administrative sanctions on Mr. Pham Viet Loc according to Point a, Clause 2, Article 5 of Government Decree 167/2013/ND-CP issued on November 12, 2013, "Fighting or inciting others to fight is punishable by a fine of VND 500,000 to VND 1,000,000" (Mr. Loc has already paid this fine). On September 28, 2014, the investigating agency sent Notice No. 61 regarding the decision not to initiate criminal proceedings to Mr. Ho Dinh Thang.

On September 30, 2014, the People's Procuracy of Nam Dan District issued Notice No. 77 agreeing that the decision not to prosecute case No. 33 dated September 28, 2014, made by the Criminal Investigation Department of the Nam Dan District Police, was well-founded and in accordance with Articles 107 and 108 of the Criminal Procedure Code.

Mr. Ho Dinh Thang disagreed with the investigation conclusions of the Criminal Investigation Agency and the forensic examination conclusions of the Nghe An Provincial Forensic Examination Agency, so he submitted a request for a re-examination.

The Criminal Investigation Agency of Nam Dan District Police instructed Mr. Thang to submit a request for a re-examination. After receiving Mr. Thang's request for a re-examination, the Criminal Investigation Agency of Nam Dan District Police commissioned a re-examination of Mr. Ho Dinh Thang's injuries at the Institute of Criminal Science - Ministry of Public Security.

On December 17, 2014, the Institute of Criminal Science - Ministry of Public Security issued Conclusion No. 4642/C54, concluding that: The percentage of health damage at the time of examination for Mr. Ho Dinh Thang was 2% (two percent).

Therefore, the police investigation was objective and in accordance with the law.

Regarding Pham Viet Y's actions, apart from Mr. Thang's accusation, the investigation found no documents indicating Y's involvement in assaulting Mr. Thang. Therefore, there is insufficient evidence to prosecute Y.

Pham Viet Y's overseas work was facilitated by local authorities from 2013 to August 2014. During this period, Pham Viet Y was granted an entry visa by Taiwanese authorities to work under a labor contract between a Vietnamese recruitment agency and a Taiwanese party. After obtaining all necessary documents, Pham Viet Y traveled to Taiwan, which is a right of a citizen as stipulated by law. Pham Viet Y did not abscond abroad as stated in the complaint.

Mr. Thang complained that the investigating agency did not conduct a medical examination of his injuries immediately after he was injured, but waited until he had recovered before conducting the examination. Regarding this matter, Point a, Clause 3, Article 155 of the Criminal Procedure Code stipulates that a medical examination is mandatory when it is necessary to determine: "The cause of death, the nature of the injury, the degree of health damage or the ability to work." Therefore, to determine the degree of health damage to the injured person, it is necessary to wait until the person's condition has stabilized before there is a basis for determining the extent of health damage.

The Investigation Police Department of Nam Dan District Police has informed Mr. Ho Dinh Thang about the results of the complaint resolution (3 times).

Therefore, the Investigation Department of the Nam Dan District Police reports to Nghe An Newspaper to inform and respond to the citizen.

Nam Dan District Police