Confessions of the Judge in the trial of Mr. Dinh La Thang and his accomplices

Sharing with the press after the end of the first instance trial of the case of Intentional Violation and Embezzlement of Assets occurring at PVN and PVC, on the morning of January 22, Judge Truong Viet Toan - Deputy Chief Justice of the Criminal Court, Hanoi People's Court emphasized that this is one of the trials where most of the defendants used to hold high positions and responsibilities at agencies and units. Therefore, with a sense of responsibility and to ensure time, the panel of judges must focus on studying the case file, without holidays.

“Apart from some main points, the trial had nothing special, because although many defendants held positions of power, with the principle that all citizens are equal before the law, the panel of judges followed the regulations, considered the nature and extent comprehensively, as well as considered the defendant's dedication to give a reasonable sentence, demonstrating deterrence and prevention,” said Mr. Truong Viet Toan.

As someone who has participated in many “major case” trials, Judge Truong Viet Toan affirmed that the panel of judges did not feel any pressure, if anything, it was only about time. In principle, all citizens are equal before the law, there are no forbidden zones.

Talking about the new points of the trial, Mr. Truong Viet Toan said that this is one of the trials that applies the new Criminal Procedure Code. Accordingly, the form of the courtroom is different from before, with the representative of the People's Procuracy and the lawyer sitting opposite each other. The defendant stands on the witness stand, not in the dock.

According to Judge Truong Viet Toan, this clearly demonstrates the principle of presumption of innocence, meaning that no one is considered guilty without a legally effective court verdict. Secondly, it is consistent with the International Convention on Human Rights to which Vietnam is a party.

“That principle is clearly shown in the new Code, which took effect from January 1, 2018, and is applied by the Council of Judges to conduct the trial,” said Mr. Truong Viet Toan, emphasizing that the right to litigation was previously guaranteed, but the new law institutionalizes it, goes deeper and is more specific.

Regarding the summoning of investigators to court, Judge Truong Viet Toan said that according to regulations, the panel of judges can summon them, but only to clarify procedural conduct and procedural decisions, and not to do anything else.

In response to many statements from the defendants at the trial, this Judge shared that, in the trial, the principle is that the defendant has the right to present issues related to the case and his personal history. Defendant Dinh La Thang has the right to present in accordance with the provisions of the law. The panel of judges listened to the opinions presented, commented on the statements related to the details of the case, and at the same time, when considering the sentence, they comprehensively considered the defendant's personal history, contributions, and dedication.

“What makes you think most about this case?” – In response to this question, Judge Truong Viet Toan said: “Through this case as well as a number of recent corruption cases, as a judge who has participated in those cases, I am passionate and think about the General Secretary’s saying that in any organization, agency or group, the human factor is decisive.”

“Recent cases stem from human factors, first of all the leaders. They have something that shows arbitrariness, lack of promoting grassroots democracy, leading to not only the defendant at the top committing violations but also dragging along many subordinates who know the mistakes but still do them,” said Mr. Truong Viet Toan./.