According to experts, from a sociological perspective, temporary detention of suspects, if prolonged beyond the time prescribed by law, not only affects the suspect but also has a great impact on its family, as well as the communities where he or she lives.
Ho Chi Minh City Law Newspaper, June 29, 2024, reported “Rare story: Detention for 13 years!” The news said that a defendant has just been released on bail, after being detained for up to 13 years, in a case of fraudulent appropriation of property through solicitation of capital contributions, since 2010.
Accordingly, the People’s Court of Hanoi has just decided to cancel the detention measure against defendant Nguyen Huy Khang (65 years old, residing in Tan Yen district, Bac Giang), because there is “no need to hold him in further detention.”
Through research, it is known that Nguyen Huy Khang – has been detained since 2011, and was investigated, prosecuted, and tried for the crime of “Fraudulent appropriation of property” in the case of transferring the capital contribution of Truong Sinh Industrial Limited Liability Company. This case has been probed since 2010, lasting more than 10 years. Twice the Court of Appeals annulled the first instance verdict and requested a re-investigation, but up to now it has not reached a final conclusion.
Specifically, in November 2016, the Hanoi People’s Court sentenced Nguyen Huy Khang to 18 years in prison; Mr. Nguyen Dinh Bang – former Director of Truong Sinh Company was sentenced to 16 years in prison for the same crime of “Fraudulent appropriation of property.” But in October 2017, the Supreme People’s Court in Hanoi annulled the entire first instance verdict, requiring additional investigation.
By September 2019, the case was brought to trial according to the second first instance order, Nguyen Dinh Bang provided new evidence, causing the Trial Council to return the file and continue to request additional investigation.
In March 2020, the court reopened the first instance for the third time, and the People’s Court of Hanoi sentenced Nguyen Huy Khang to 18 years in prison, Nguyen Dinh Bang was sentenced to 16 years in prison and forced the two defendants to pay VND22 billion and $7,000 in compensation.
By 2022, at the 2nd appeal session, it emerged that the defendant Hoang Thi Xuan had previously fled, then was re-arrested on a wanted warrant. The Trial Council believes that the investigation and clarification of Ms. Xuan’s criminal behavior will help clarify the extent and behavior of the two defendants, Khang and Bang. Therefore, the Court of Appeal once again annulled the entire first-instance judgment, requiring the investigation to start from the beginning.
Law Newspaper said that at the investigation agency and at the trials, both Bang and Khang pleaded innocence, affirming that they themselves did not commit fraud.
According to Clause 1, Article 277 of the 2015 Criminal Procedure Code, amended and supplemented in 2017, then:
“The time limit for temporary detention of a suspect for investigation shall not exceed 2 months, for less serious crimes; no more than 3 months for serious crimes; and no more than 4 months for very serious and especially serious crimes.”
“For complicated cases, the Chief Justice of the Court may decide to extend the trial preparation time limit, but not more than 15 days for less serious and serious crimes, and not more than 30 days for very serious crimes and especially serious crimes.”
According to Phap Luat newspaper, lawyer Hoang Kim Minh Chau of the Ho Chi Minh City Bar Association, said that the temporary detention of the defendants for up to 13 years showed ineffectiveness and irresponsibility, as well as many issues must be reviewed by litigation agencies.
There is an ancient saying, “One day in prison, one thousand years outside.” Public opinion believes that detaining people suspected of committing crimes for too long will reduce trust in the state’s legal system, at the same time, it will negatively affect the country’s sustainable development./.
Tra My – Thoibao.de
