First instance trial of the criminal case against defendant Nguyen Van Oai
(Baonghean.vn) - On the morning of September 18, 2017, in Vinh City, the People's Court of Hoang Mai Town held the first instance trial of the criminal case against defendant Nguyen Van Oai.
Defendant Nguyen Van Oai (born in 1981, residing in Hamlet 4, Quynh Vinh, Hoang Mai Town) was prosecuted for the crimes of resisting people on official duty as prescribed in Article 257; the crime of failing to execute a sentence as prescribed in Article 304 of the Penal Code.
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| Defendant Nguyen Van Oai in court on the morning of September 18. |
Previously, 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 stipulated in Article 79 of the Penal Code. At the trial, the panel of judges sentenced 14 defendants to a total of 82 years in prison, of which 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.
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| Overview of the trial. |
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 and prohibition from leaving his 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.
However, Nguyen Van Oai deliberately did not comply with the regulations on probation, did not accept the management and education of the local authorities, and frequently violated the probation obligations right from the first week of his residence. The authorities have repeatedly reminded and educated him, and issued three decisions to impose administrative sanctions, but Nguyen Van Oai still deliberately did not comply with a defiant attitude, even fiercely resisting the officers on duty.
Article 304, Crime of failure to comply with judgment, Penal Code stipulates:“Anyone who intentionally fails to comply with a court judgment or decision that has come into legal effect, despite having been subject to the application of necessary coercive measures, shall be subject to non-custodial reform for up to three years or imprisonment from six months to three years.” Khoản 1 điều 257 Bộ luật Hình sự quy định: “Người nào dùng vũ lực, đe doạ dùng vũ lực hoặc dùng thủ đoạn khác cản trở người thi hành công vụ thực hiện công vụ của họ hoặc ép buộc họ thực hiện hành vi trái pháp luật, thì bị phạt cải tạo không giam giữ đến ba năm hoặc phạt tù từ sáu tháng đến ba năm”. |
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