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Canceling the first-instance sentence for drug trafficking, the mother of the female student who delivered the chicken was killed

On the afternoon of May 19, the High People’s Court in Hanoi accepted the appeal of defendant Tran Thi Hien.

After 2 days of the appellate trial, defendant Tran Thi Hien (born in 1975), lives in Thanh Hung commune, Dien Bien district, Dien Bien province (the mother of Mr. Chicken delivery student Cao My Duyen was murdered) and defendant Vi Thi Thu (born 1982), residing in Dien Bien district for the crime of illegal drug trading, on the afternoon of May 19, the High People’s Court in Hanoi accepted the appeal of defendant Tran. Thi Hien for part of the sentence is unknown for the crime of drug trafficking, and at the same time canceled the first-instance judgment on November 27, 2019 for this defendant, and returned the file to the People’s Procuracy of Dien Bien province. to conduct additional investigation.

Cancel the first instance sentence for drug trafficking of the female student's mother who delivered chickens-1
Defendants Tran Thi Hien and Vi Thi Thu listen to the verdict of the appellate trial panel.

On the second day of the appellate trial, defendant Vi Thi Thu continued to complain to the trial panel, claiming that the testimony in her investigation minutes and records were guided by investigators. before, forced supply.

The subject confessed to the crime because during the investigation, he was starved and psychologically tortured for many days, leading to a decline in strength. Similar to defendant Vi Thi Thu, defendant Tran Thi Hien also continued to complain, asserting that she did not commit drug trafficking with Bui Van Cong and Vi Van Toan’s group.

Experiencing arguments and defenses lasting nearly 6 hours, after the deliberation time, at exactly 3:45 pm, the judge – presiding over the trial, Mr. Pham Van Tuyen, on behalf of the trial panel, carried out the sentencing.

Canceling the first-instance sentence for drug trafficking of the female student's mother who delivered chickens-2.
Overview of the appellate court.

According to the judgment of the trial panel, because the first-instance investigation was incomplete, the appellate level could not carry out, so the trial panel relied on the provisions of point C, clause 1, article 355 and Article 358 of the Criminal Procedure Code accepts the appeal of defendant Tran Thi Hien, as well as the proposal of the representative of the High People’s Procuracy in Hanoi.

Pursuant to Point c, Clause 1, Article 355; Point b, Clause 1, Article 358 of the Code of Procedure Criminal Accepting the appeal of defendant Tran Thi Hien, canceling the crimes and penalties in the first-instance criminal judgment No. 106 dated November 27, 2019 of the People’s Court of Dien Bien province, and transferring the file to the Procuracy. The people of Dien Bien province re-investigated to supplement.

Accordingly, the appellate trial panel showed that, while the defendant Tran Thi Hien pleaded not guilty, in addition to using the testimony of other defendants, it was necessary to collect evidence and supporting documents from many sources. various evidences such as: appointment, exchange, drug trading between defendant Hien and other defendants that the first-instance procedure-conducting agencies have not tested and clearly examined; need to look up the phone calls between the defendant Hien and other subjects…

As for the appeal of defendant Vi Thi Thu, it was not accepted by the trial panel that the first-instance judgment of the People’s Court of Dien Bien province against defendant Vi Thi Thu was completely right, right person, because Therefore, defendant Thu’s appeal is groundless.

Therefore, based on point a, clause 1, article 355, article 356 of the Criminal Procedure Code, the appeal of defendant Vi Thi Thu is not accepted. Uphold the decision on crime and punishment in the first instance judgment No. 106 dated November 27, 2019 of the People’s Court of Dien Bien province.

Point h, Clause 4, Article 104 of the Penal Code 1999, amended and supplemented in 2009 shall be applied; Clause 2, Article 51 and Point h, Clause 1, Article 52, Article 17, Article 58, Article 146, Article 147 of the Penal Code 2015 amended and supplemented in 2017 penalized defendant Vi Thi Thu to life in prison, The prison term is from March 29, 2019. The defendant’s arrears were more than 110 million VND.

As for other defendants of the case, including Bui Van Cong, Vi Van Toan, and Luong Van Hung, other parts of the first-instance judgment were not appealed and were not protested, so the trial panel did not consider it and expired. the time limit for appeal, protest and the effective judgment.

According to the first instance judgment No. 106 dated November 27, 2019 of the People’s Court of Dien Bien province, sentenced the defendants: Tran Thi Hien to 20 years in prison; Bui Van Cong 20 years in prison; Because Thi Thu and Luong Van Hung were sentenced to life in prison for the crime of “illegal trading in narcotics”; Defendant Vi Van Toan was also sentenced to life in prison for the crimes of “Illegal trading in narcotics” and “Having harbored the illegal use of narcotics”. drug“.

According to VOV

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