Appeal to increase sentences for defendants in the wall collapse that killed 7 people

On May 13, the High People’s Court in Ho Chi Minh City opened an appeal hearing for the case of the wall collapse that left 7 dead and 1 injured in Hoa Phu Industrial Park, Vinh Long, according to the protest of the High People’s Procuracy in Ho Chi Minh City. and defendant Le Phuoc Thien (Deputy Head of the Management Board of Vinh Long Industrial Parks) has applied for penalty exemption, for exemption from criminal responsibility.

Before that, at the first instance session, the People’s Court of Vinh Long province sentenced defendant Dang Su Quan (construction contractor, deputy director of Hung Thinh Phat Industrial Mechanical Construction Co., Ltd.) to 2 years and 6 months in prison, but granted a suspended sentence; Defendants Nguyen Thanh Tung (Director of Cat Thanh Trading, Construction and Service Co., Ltd.), Tran Quan Tru (Director of Hung Long Trading and Construction Consulting Co., Ltd.) were each sentenced to 2 years in prison but allowed received a suspended sentence for the crime of “violating construction regulations, causing serious consequences”.

The other defendants also received between 1 year and 6 months to 2 years and 6 months in prison, suspended sentences for the crimes of “violating construction regulations causing serious consequences” and “lack of responsibility, causing serious consequences”. .

After the first-instance session, thinking that the judgment issued by the People’s Court of Vinh Long province was not strict and had no deterrent effect, so the High-Level People’s Procuracy in Ho Chi Minh City protested and proposed to increase the sentences for the defendants.

Speaking about the content of the protest, the representative of the Procuracy said that the first instance level had not properly assessed the nature of the incident, the consequences were serious, causing 7 deaths. Defendant Quan, with the main role, directed defendant Tung to sign and stamp the design unit, hire defendant Except to verify the design, ask Phong to sign and stamp the file in order to legalize the dossier.

Each defendant participated in the same process independently. As for the group of defendants who are members of the Management Board of Vinh Long Industrial Parks, the first instance level sanctioned the defendants with inappropriate suspended sentences. The penalty should be increased to prevent the defendants from serving suspended sentences.

For defendant Le Phuoc Thien, who has applied for an exemption from punishment or criminal liability on the grounds that the case has been remedied, the victim’s representative has filed an application for exemption from criminal responsibility and the first-instance court’s judgment is too strict.

The Procuracy found that defendant Thien was a member of the Management Board of Vinh Long Industrial Parks, but did not fully check to prevent errors in the records, leading to errors that resulted in 7 deaths. The first instance court declared the defendant’s suspended sentence inappropriate and groundless to accept the defendant Thien’s appeal.

From the above arguments, the High People’s Procuracy in Ho Chi Minh City proposed that the jury amend a part of the first-instance judgment and sentenced defendant Quan to between 3 years – 3 years and 6 months in prison; defendant Tung and defendant Except for each defendant 2 years 6 months to 3 years in prison.

The defendants appealed from 2 years and 6 months in prison to 3 years in prison. At the same time, the defendants are banned from holding certain posts, practicing certain professions or doing certain jobs for 1 to 5 years.

Due to the complicated circumstances of the case, the trial panel decided to prolong the sentence and will pronounce the sentence on May 17.

According to the first instance judgment, on October 15, 2018, BoHsing Co., Ltd (in Hoa Phu industry, Hoa Phu commune, Long Ho district, Vinh Long province), hired Hung Thinh Phat Industrial Construction Mechanic Co., Ltd. , represented by Dang Quan – Deputy Director, built the factory, canteen, garage, security house. This work is licensed by Vinh Long Industrial Park Management Board.

After signing a contract with BoHsing Company, Quan hired Min (engineer) to appraise, sign the structural documents and carry out design verification procedures according to regulations. Next, Quan hired Nguyen Thanh Tung (Director of Cat Thanh Company) in the name of the design unit.

After the construction was started, BoHsing Company asked Quan to hire him to verify the design, so Quan asked Tru to carry out the design verification procedure. Accepting the invitation, Except to do all the procedures, design verification documents, and then contact Duong Thanh Phong (Director of Long An Construction Investment Joint Stock Company) to sign and stamp the design verification file.

Around 10 am on March 15, 2019, when Mr. Pham Van Bo (living in Hoa Phu commune, Long Ho district, Vinh Long) was cutting iron to strengthen the floor momentum (zinc column), he heard a loud explosion; He looked in the direction of the wall of factory No. 3 and saw that the front right side under construction fell down. Mr. Cow quickly ran out, but 8 people were trapped inside. The accident killed 6 people on the spot and 1 died at the hospital.

Thanh Phuong