On May 18, the Supreme People's Procuracy coordinated with Ngoc Ly Prison to announce the Supreme People's Procuracy's decision to appeal for a final judgment and temporarily suspend the sentence of prisoner Pham Hoang Tung.
Tung is one of the four perpetrators of a murder case that occurred in January 2019 in Ngoc Thuy Ward (Long Bien District, Hanoi ). The victim in the case was determined to have suffered a traumatic brain injury, 100% health damage, and a vegetative state.
Prison officers carry out discharge procedures for prisoner Pham Hoang Tung.
In September 2021, the High People's Court in Hanoi held an appeal trial and sentenced Tung to 9 years in prison, and the remaining 3 defendants were sentenced to 11-20 years in prison, all for murder.
During the review of the appeal judgment, Department 7 (Supreme People's Procuracy) discovered violations in the application of the law when trying Pham Hoang Tung.
Specifically, the appellate court's conviction of Tung and his accomplices for murder, according to Point n, Clause 1, Article 123 of the Penal Code, with a penalty of 12-20 years, life imprisonment or death penalty, is well-founded and in accordance with the law.
However, Tung was determined to have "incompletely committed a crime", at the time of the crime he was only 15 years, 4 months, and 1 day old.
Article 101, Clause 2 of the Penal Code stipulates that for persons from 14 to under 16 years of age when committing a crime, if the applicable law stipulates life imprisonment or the death penalty, the highest penalty applied shall not exceed 12 years in prison.
In addition, Clause 3, Article 102 of the Penal Code stipulates that the highest penalty applicable to persons from 14 years old to under 16 years old who commit an incomplete crime shall not exceed 1/3 of the penalty prescribed in Articles 100 and 101 of this Code.
Compared with the above provisions, the prison sentence applied to Pham Hoang Tung is not more than 4 years. The Court of Appeal sentenced Tung to 9 years in prison for murder, which is a serious violation of the provisions of Clause 2, Article 101 and Clause 3, Article 102 of the Penal Code, seriously affecting Tung's legitimate rights and interests.
On May 15, the Supreme People's Procuracy issued a decision to appeal the appellate judgment. On the same day, the Supreme People's Procuracy also issued a decision to temporarily suspend the execution of Pham Hoang Tung's prison sentence for trial under the appellate procedure.
As of the date of temporary suspension of sentence, Tung has served 4 years, 4 months, and 10 days.
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