The High-Level Procuracy proposed to reject all appeals of Mr. Ha Van Tham.
Affirming that the first instance verdict was not unjust or wrong, the People's Procuracy proposed to maintain the life sentence for former Oceanbank chairman Ha Van Tham.
On the morning of April 26, requesting a solution to the appeal wishes of 26 people in the case that occurred at Oceanbank, representative VThe Senior Prosecutor said that the first instance verdict announced by the Hanoi People's Court against the defendants was well-founded, not unjust, and the punishments were reasonably differentiated.
Therefore, the People's Procuracy requested the appellate court not to accept the appeal.of 20 defendants including Mr. and Mrs. Ha Van Tham, Nguyen Xuan Son (former General Director of Oceanbank), Nguyen Minh Thu (former General Director of Oceanbank), Le Thi Thu Thuy (former Deputy General Director of Oceanbank), Nguyen Van Hoan (former Deputy General Director of Oceanbank), Hua Thi Phan (former Chairman of the Board of Directors of Phu My Company), Pham Cong Danh (former Chairman of Thien Thanh Group) and a number of leaders of Oceanbank branches and transaction offices.
The remaining six people were recommended by the People's Procuracy to have their sentences reduced, including Vu Thuy Duong, Do Dai Khoi Trang, and Nguyen Hoai Na.m, Nguyen Thi Loan (former directors of Oceanbank headquarters) togetherTran Anh Thiet, Nguyen Phan Trung Kien (branch leaders).The People's Procuracy said it proposed to partially accept the appeal but did not accept the request to exempt criminal liability or change the sentence.
According to the People's Procuracy, during the four days of debate and until this morning, the defendants could not present any new details.
During the nearly hour the prosecutor read the indictment, Mr. Tham stood straight, looking at the prosecutor and listening attentively. Mr. Son stood relaxed but did not look at the prosecutor. Mrs. Thu, after learning that her appeal was rejected, sat silently, her face blank. Many other defendants bowed their heads.
The defendants heard the verdict.Photo: Pham Du. |
Using common property for personal gain
Regarding the group of defendants convicted of intentionally violating state regulations on economic management (Article 165 of the 1999 Penal Code), the People's Procuracy determined thatThe first instance court "had grounds" to accuse Mr. Tham of holding a leading role, directing subordinates to spend more than 1,500 billion VND in interest outside the contract, causing damage to Oceanbank.Thisdisrupting monetary security, causing Oceanbank to lose control, with bad debt accounting for nearly half of the total outstanding debt of the system.
The results of the investigation and public questioning at the trial showed that, in addition to the amount of interest paid outside the contract to individual customers, OceanBank paid interest outside the contract to economic organizations, most of which were state-owned economic organizations, but in fact paid to leaders. This created group interests, took advantage of public assets for personal gain, and facilitated corruption.
The People's Procuracy believes that there is sufficient basis to conclude that the defendants Le Thi Thu Thuy, Nguyen Minh Thu, Do Dai Khoi Trang, Nguyen Hoai Nam, Nguyen Thi Thu Ba, and Nguyen Thi Nga were accomplices who actively assisted Mr. Tham in the act of intentionally paying interest outside of the contract.and must be responsible for an amount from more than 100 billion VND to more than 700 billion VND.
The group of defendants, who are leaders of Oceanbank branches and transaction offices, must bear criminal responsibility for the amount of interest paid outside the bank's budget, from 1 to 15 billion VND each.
Oceanbank lost 500 billion VND due to unqualified loans
Regarding the group of defendants appealing for the crime of violating lending regulations causing a loss of 500 billion VND to Oceanbank, the People's Procuracy determined that Oceanbank lent to Trung Dung Company when it did not meet the loan conditions and had insufficient collateral, which is a basis.But the reality is that the money flows to Mr. Pham Cong Danh.
According to the appellate prosecutor, the first instance court had grounds to conclude that Mr. and Mrs. Hua Thi Phan, Pham Cong Danh, Tran Van Binh, and Ha Van Tham had discussed using unsecured assets as collateral for the above loan. Mr. Tham played the main role, Ms. Phan was an assistant, using 500 billion VND to embezzle. The defendants Pham Cong Danh, Nguyen Van Hoan, and Tran Van Binh actively assisted.
In this violation, the prosecution agency rejected all arguments and appeals of Oceanbank shareholders and people with related rights and obligations.
This afternoon, the panel of judges heard the defense of the lawyers against the above views of the prosecutor.
The prosecutor read the indictment.Photo: Pham Du. |
According to the first instance verdict, former Oceanbank chairman Ha Van Tham was sentenced to a combined life sentence for four crimes: Intentionally violating State regulations on economic management causing serious consequences (19 years in prison), Embezzlement of property (life imprisonment), Abuse of position and power to appropriate property (20 years in prison), Violation of regulations on lending in the activities of credit institutions (18 years in prison).
Mr. Son was sentenced to death for three crimes: Embezzlement, Intentional violation, Abuse of power and position to appropriate property.
The remaining 24 defendants were sentenced to sentences ranging from 24 months of non-custodial reform to 22 years in prison for the crimes of: Abuse of power and position to appropriate property, Intentional violation, Violation of lending regulations.
At the appeal hearing, Mr. Tham appealed to review the two charges of Embezzlement of property and Abuse of position and power to appropriate property; and requested review of civil compensation liability for the crime of Intentionally violating State regulations on economic management causing serious consequences.
Mr. Nguyen Xuan Son appealed for injustice on two charges of Embezzlement and Abuse, considering civil liability.
The group of defendants, who are leaders of Oceanbank branches and transaction offices nationwide, appealed for exemption from punishment, criminal liability, and change of punishment...