Mr. Nguyen Huu Linh was prosecuted for molesting a girl in an elevator.
Former Deputy Chief Prosecutor of Da Nang People's Procuracy was accused of sexually assaulting a girl in the elevator of Galaxy 9 apartment building, District 4, Ho Chi Minh City.
On April 21, District 4 Police (HCMC) issued a decision to prosecute the case and prosecute Mr. Nguyen Huu Linh (61 years old) for the act ofIndecent assault on a person under 16year oldAccording to Article 146 of the 2015 Penal Code, he was released on bail by the investigation agency and banned from leaving his place of residence.
Mr. Linh was the former Deputy Chief Prosecutor of the People's Procuracy of Da Nang, retired in mid-2018 and is currently a lawyer of the Da Nang Bar Association. He was discovered twice hugging and kissing a 7-year-old girl in the elevator of the Galaxy 9 apartment building (District 4) on the evening of April 1.
Lieutenant Colonel Pham Xuan Thao (Deputy Chief of District 4 Police) said in the newspaperHo Chi Minh City Policethat, during the 18 days of investigation, District 4 Police coordinated with the same level of the People's Procuracy to collect all relevant evidence. Considering that the subject's act of hugging and kissing a girl in the elevator was enough to conclude the crimeIndecent acts with people under 16 years oldSo the investigation agency decided to prosecute. The file has been approved by the People's Procuracy.
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Mr. Linh hugged the girl in the elevator. |
According to the investigation, Mr. Linh lives in Da Nang and went to Saigon to visit his child living at Galaxy 9. On the evening of April 1, the girl took a bag of cakes and entered the apartment elevator. Mr. Linh followed closely behind, his eyes glued to his phone. Then the apartment security guard swiped the card, pressed the floor for the girl, and then immediately returned.
As soon as the elevator door closed, Mr. Linh dropped the phone and hugged the girl. The girl looked scared, so he let go. The girl walked closer to the elevator door, Mr. Linh grabbed her neck a second time and pulled her back. At this time, the elevator door opened, and the girl ran away, almost falling. The incident lasted for 58 seconds and was recorded by the elevator camera.
Seeing that their child was behaving abnormally, the girl's family asked the apartment management to review the camera and discovered that Mr. Linh had inappropriate behavior. Working with the apartment management and the girl's parents afterward, Mr. Linh admitted that "he found the girl cute so he hugged and kissed her." The girl's family did not want to make a big deal out of fear of affecting the child's psychology, so they "decided to reconcile and asked not to provide information to the outside." Mr. Linh returned to Da Nang shortly after.
When the video was posted on the Internet, public opinion was shocked because Mr. Linh was a high-ranking official, knowledgeable about the law, but violated the girl's body. The Ho Chi Minh City and central prosecution agencies requested clarification and supervision of the investigation by the People's Procuracy and District 4 Police.
A few days later, the Ho Chi Minh City Children's Rights Protection Association also recommended that the prosecution agencies initiate a case and investigate Mr. Linh for the crime.Obscene acts against people under 16 years oldprescribed in Article 146 of the 2015 Penal Code, with a penalty of 3-7 years in prison.
Recently, the Galaxy 9 residents continued to sign a petition to prosecute Mr. Linh. They expressed their frustration when the deadline for handling the crime report was almost over but the investigation agency had not taken any action.
The initial investigation encountered many obstacles. The girl (who was under the mother’s care) said that the man on the 11th floor (who was seen pressing the elevator button) hugged and kissed her twice on the left cheek. His left arm was around her stomach, his right arm was around her neck, and once he pulled her in from behind with his right hand.
As for the former deputy head of the Da Nang People's Procuracy, Nguyen Huu Linh, only admitted to "fondling" the girl. He said he drank a can of beer before going to his son's apartment building, and hugged and kissed the girl twice because he "found her cute" but "had no intention of sexually assaulting her."
Crime of indecent assault against a person under 16 years old
1. Any person aged 18 or older who commits an indecent act against a person under 16 years of age without the intention of having sexual intercourse or other sexual acts shall be punished by imprisonment from 6 months to 3 years.
2. Committing a crime in one of the following cases shall be punishable by imprisonment from 3 to 7 years: committing an organized crime; committing the crime 2 times or more; against 2 or more people; against a person for whom the offender is responsible for caring for, educating, or treating;Mental and behavioral disorders of victims range from 11% to 45%dangerous recidivism
3. Committing a crime in one of the following cases shall be punishable by imprisonment for 7-12 years:Mental and behavioral disorders of the victim 46% or more; make the victim commit suicide.
4. The offender may also be banned from holding a position, practicing a profession or doing certain work for 1-5 years.