First instance trial of the case of resisting law enforcement officers and illegal arrest and detention

17:06, 27/09/2023

On September 27, the People's Court of Krong Pac district held a first-instance trial of the case of "resisting law enforcement officers and illegally arresting and detaining people" that occurred in Hoa Dong commune.

The trial was broadcast live by the People's Committee of Krong Pac district at the district Cultural House for interested people to follow.

Defendant Nguyen Thanh Giang answered questions from the Trial Panel.

According to the indictment, in 2011, Nguyen Thanh Giang contracted a batch of coffee trees in Hoa Bac village, Hoa Dong commune from Thang Loi Coffee Joint Stock Company. In the 2018-2019 crop year, Giang did not pay the output according to the contract, so the company sued him. The civil appeal judgment of the Provincial People's Court ordered Giang to pay the company 5,198 kg of fresh coffee berries.

During the process of organizing the enforcement of civil judgments, Giang did not voluntarily fulfill his obligations as a judgment debtor, so on March 16, 2022, the Civil Judgment Enforcement Office of Krong Pac district proceeded to seize and handle the property, which is the above garden, to enforce the civil judgment. On July 7, 2022, the Civil Judgment Enforcement Office of the district handed over the garden to Thang Loi Coffee Joint Stock Company, which has full ownership according to the law, and at the same time notified Nguyen Thanh Giang.

Representative of the People's Procuracy of Krong Pac district read the indictment in court.

In the early morning of November 7, 2022, Nguyen Thanh Giang learned that Thang Loi Coffee Joint Stock Company had hired people to cut down trees in the area that Giang had contracted and, together with Duong Thi Thuy (defendant Giang's wife), Le Thi Lua, Nguyen Thi Thanh Phong and a number of other subjects, prevented, shouted, arrested, tied up and illegally detained Mr. Nguyen Van Cuong and Nguyen Xuan Truong (who were hired by the company to cut down trees) and Mr. Nguyen Xuan Huy (a police officer of Krong Pac district assigned to the scene to perform duties). When Ngo Cong Anh saw the subjects arresting Mr. Truong, he joined in.

At around 9:00 a.m. the same day, when the Krong Pac District Police force coordinated with the Provincial Police to arrive at the scene to rescue the detainees and asked the subjects and people to disperse, Le Thi Lua, Tran Van Thinh, Nguyen Huy Cong, Lai Van Trinh, Huynh Van Quan and many other subjects (identity and background unknown) used sections of coffee and durian trees to block the entrance to the scene, standing in front shouting, pushing, protesting... to obstruct the force from performing their duties.

Lawyer questions defendant Duong Thi Thuy.

Based on the details and evidence of the case, the People's Procuracy of Krong Pac district decided to prosecute Nguyen Thanh Giang, Duong Thi Thuy, Nguyen Thi Thanh Phong, and Ngo Cong Anh for illegal arrest and detention; prosecute Le Thi Lua for illegal arrest and detention and resisting people on duty; and prosecute Tran Van Thinh, Nguyen Huy Cong, Lai Van Trinh, and Huynh Van Quan for resisting people on duty.

At court, all 9 defendants expressed remorse for their crimes, confessed honestly and wished to receive leniency from the law.

The defendants listened to the jury's verdict.

Based on the nature and severity of the crime, the defendants' personal background and the mitigating circumstances, the Trial Panel sentenced the defendant Nguyen Thanh Giang to 4 years and 6 months in prison; the defendant Le Thi Lua to 4 years and 6 months in prison; the defendant Duong Thi Thuy to 2 years and 9 months in prison; the defendant Nguyen Thi Thanh Phong to 2 years and 6 months in prison; the defendant Tran Van Thinh to 1 year and 3 months in prison; the defendant Nguyen Huy Cong to 1 year and 3 months in prison; the defendant Lai Van Trinh to 9 months in prison; the defendant Huynh Van Quan to 9 months in prison, suspended, with a probation period of 1 year and 6 months; the defendant Ngo Cong Anh to 1 year and 6 months in prison, suspended, with a probation period of 3 years.

Regarding civil liability, the Trial Panel accepted that the defendants Giang, Thuy, Lua, and Phong voluntarily compensated the victim Nguyen Xuan Huy a total of 20 million VND; the victim agreed to receive it and did not request anything more.

Dinh Nga

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