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Re-opening the trial of Mr. Phan Bui Bao Thy

According to the People’s Court of Quang Tri province, the trial of Phan Bui Bao Thy, Le Anh Dung and Nguyen Huy for abusing freedom and democracy rights to infringe on the interests of individuals will be reopened on March 30 and 31. /2002.

Previously, on October 29 and 30, 2021, the People’s Court of Quang Tri province held a trial for the case of “smearing and defaming” the leaders of Quang Tri province.

Re-opening the trial of Mr. Phan Bui Bao Thy
Defendant Phan Bui Bao Thy at the trial at the end of October 2021.

The defendants prosecuted by the People’s Procuracy of Quang Tri province include: Le Anh Dung (born in 1965, residing in An Phu ward, district 2, HCMC); Phan Bui Bao Thy (SN 1971, residing in Nai Hien Dong ward, Son Tra district, Da Nang city) and Nguyen Huy (SN 1977, residing in ward 5, Dong Ha city, Quang Tri).

After the deliberation, the judge and presiding judge, Mr. Le Thiet Hung, decided to return the first-instance criminal case file for defendant Le Anh Dung and accomplices who were prosecuted for abusing civil liberties. The owner infringes upon the lawful rights and interests of an organization or individual under Clause I, Article 331 of the Penal Code for additional investigation.

The jury pointed out many shortcomings in the proceedings. Pursuant to the assessment conclusions, slander or libel; infringing upon the reputation and honor of the victims, the indictment of the People’s Procuracy of Quang Tri province; prosecute the defendants for the crime of abusing democratic freedoms to infringe upon the legitimate rights and interests of organizations and individuals, but it is not clear how the victims were infringed with the extent of damage. What are the consequences of the articles?

Thereby, the trial panel requested to return the file for additional investigation on many issues: the solicitation and appointment of experts were not guaranteed according to the Law on Judicial Assessment; The issue of determining the crime of prosecuting the accused for abusing democratic freedoms and rights to infringe upon the legitimate rights and interests of organizations and individuals according to Article 331 of the Penal Code is an underestimation of the extent of damage. infringement of the offence.

In addition, there is no document or evidence to assess the extent to which the victims are individuals.

Notably, in a document sent by the Quang Tri Provincial Party Committee to the lawyers participating in the defense at the trial, it was affirmed: The defendant’s and the subjects’ actions related to the case abuse the democratic freedoms to infringe. The legitimate rights and interests of organizations and individuals do not affect the prestige, leadership and management of the work of the Standing Board of the Quang Tri Provincial Party Committee…

Jasmine

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