Humanity behind the verdict
(Baonghean.vn) - Despite being neighbors and relatives, after just a few drinks, Ha Van Duc (Quy Chau) lost control and assaulted his nephew who had recently returned from working far away. However, behind the harsh sentence lies the affection between the people of the highlands…
Fighting over a glass of wine.
Having left home for many years to work, Vi Văn Kh. (born in 1986; residing in Pọng village, Châu Nga commune, Quỳ Châu district) was overjoyed to return to his hometown and reunite with his relatives. He went to visit and greet familiar families in the village.
Being neighbors in the same village and also related, on the afternoon of June 8, 2022, Mr. Vi Van Kh. brought a bottle of wine to the house of his uncle, Ha Van Duc (born in 1970; residing in Pong village, Chau Nga commune, Quy Chau district) to inquire about his uncle's health and to chat and reminisce.
The two of them kept "splitting" bottles of liquor, chatting for five hours straight. Around 4 PM, Vi Van Kh. fell asleep right there because he had drunk too much. Meanwhile, Ha Van Duc went down to the kitchen to chop firewood to cook dinner.
While Duc was cooking in the kitchen, he heard people talking upstairs. Assuming his nephew was badmouthing him, Duc asked, "Kh., are you insulting me?" but received no reply. Already intoxicated, and further angered by the thought that his nephew had spoken ill of him behind his back and then refused to answer, Ha Van Duc lost control. He impulsively grabbed a machete from the corner of the kitchen to "settle the matter" with his nephew.
However, upon arriving and finding Vi Van Kh. fast asleep, Ha Van Duc repeatedly slashed at his nephew's head, face, stomach, and arms. Taken by surprise, Kh. woke up, screamed, and lunged at Duc, causing him to drop the knife. Kh. tried to run away, but due to the numerous wounds, he collapsed at the bottom of the stairs. Duc followed his nephew to the door but, feeling dizzy, sat down on a chair. After a while, he went to the living room and fell asleep.
Hearing the screams, nearby residents promptly took the victim to the hospital for emergency treatment. Examination revealed that Mr. Vi Van Kh. had a total of 28 wounds on his head, face, back, abdomen, and arms. His body injury rate at the time of examination was 55%. It took him half a month of treatment before he could recover and be discharged from the hospital.
On the morning of June 9, 2022, Ha Van Duc was arrested by law enforcement for investigation. During the investigation, investigators noticed that Ha Van Duc exhibited many unusual behaviors. The Criminal Investigation Department of the Nghe An Provincial Police decided to request a psychiatric evaluation of Ha Van Duc. The evaluation results showed that before, during, and after committing the crime, and at the time of the evaluation, Ha Van Duc suffered from mental and behavioral disorders.alcoholDuring the remission phase of the disease, Ha Van Duc's cognitive abilities and behavioral control were limited.
"After all, we're still blood relatives."
On December 15, 2022, the People's Court of Nghe An province held a first-instance criminal trial to hear the case of Ha Van Duc on the charge of "Killing"The trial was attended by a large number of people, all family members of the defendant and the victim."
At the trial, defendant Ha Van Duc admitted to the crime as charged in the indictment. The victim, Vi Van Kh., stated that Duc's actions were due to the influence of alcohol, and that the two of them normally had no conflicts. After the incident, despite being from a poor household, the defendant's family covered all of his medical expenses. The victim hoped the court would consider mitigating circumstances and reduce the sentence for the defendant.
After questioning, debating, and objectively and comprehensively evaluating the case, the Trial Panel concluded that the People's Procuracy of Nghe An province's indictment of defendant Ha Van Duc for "Murder" was correct in identifying the perpetrator, the crime, and the applicable law. The fact that the victim, Vi Van Kh., did not die was beyond the defendant's subjective intent.
However, in this case, the defendant has several mitigating circumstances such as honest confession, active compensation, rectification of consequences, and the defendant requests a reduced sentence...
The panel of judges determined that the defendant Ha Van Duc's actions were thuggish and showed a blatant disregard for the law, requiring strict legal action. However, part of the reason for his actions was the influence of alcohol. After the incident, the defendant had his family help to compensate the victim. During the investigation and at trial, the defendant honestly confessed and admitted his crime, and the victim also requested leniency for the defendant. Considering all aspects of the case and several other mitigating circumstances, the panel of judges sentenced the defendant Ha Van Duc to 8 years in prison for the crime of "Murder".
Both the defendant's and the victim's families are impoverished households located in Pọng village (Châu Nga commune, Quỳ Châu district). At the time of the incident, Mr. Kh.'s youngest daughter was just over one year old. Mr. Kh. was both the breadwinner and the main laborer of his family. After the incident, Mrs. Vi Thị H. (wife of defendant Hà Văn Đức) borrowed 40 million VND from relatives to compensate Mr. Kh.'s family.
However, understanding his family's circumstances and realizing that the reason was due to alcohol, the couple only accepted 20 million VND for hospital expenses and medication, leaving the remaining amount for his family to take care of his uncle.
"Everyone's family is struggling. Luckily, I'm still alive and able to work, but Duc is in prison, leaving his wife and young grandchildren behind, making things even more difficult. After all, they're my blood relatives, so I'll try my best to support his family," Mr. Kh. shared.
Ha Van Duc and his wife were living with their two grandchildren, as their children worked far away and had to leave the two young children with their grandparents. Since the incident, the three of them have been living hand-to-mouth. Whenever the grandmother takes a bus to visit her husband, she leaves the grandchildren with a neighbor. Ha Van Duc is currently serving a sentence at Nghi Kim Detention Center. He suffers from a neurological disorder and is also deaf; even when he sees his wife and children, Duc can only utter incoherent sounds and cannot speak much.
The story of Ha Van Duc's family is not only a lesson for the people of Pong village but also for all of us. Don't let alcohol cause you to lose yourself, or even cause suffering and hardship to those around you.