The wall collapse of 7 people died in Vinh Long, the prison sentence was transferred to 4 defendants

After nearly a week of deliberation, on the morning of May 19, the High People’s Court in Ho Chi Minh City sentenced the wall collapse that left 7 dead and 1 injured in Hoa Phu Industrial Park, Vinh Long.

According to the jury, considering the procuracy’s protest, the offenses committed by defendants Dang Su Quan, Nguyen Thanh Tung, Tran Quan Tru and Duong Thanh Phong violated construction regulations, affecting labor safety, causing consequences. result of an occupational accident.

However, this is an unintentional, subjective error, the defendants did not anticipate that loss of life could occur. When the incident occurred, the defendants actively saved the victim and repaired all the damage. The case also has no accused as the mastermind or leader, the defendants committed violations independently of each other.

In this case, although defendants Quan, Tung, Tru and Phong had many mitigating circumstances as mentioned by the first-instance court, the consequences were particularly serious, causing 7 deaths. .

The defendants prosecuted for trial at Point a, Clause 3, Article 289 have a penalty frame of 7 – 15 years, the first-instance court based on 2 extenuating circumstances specified in Clause 1, Article 51 of the Penal Code, then applies the following: The penalty frame, which is not in the adjacent penalty frame in Clauses 1 and 2, Article 54 of the Penal Code, the sanctioning of 4 defendants with suspended sentences is not commensurate with the nature, extent and consequences that the defendants have committed. Currently, there is no general deterrent and preventive effect.

In addition, the first-instance level has not yet applied the prohibition of the defendants from holding professional positions, leading to an incomplete settlement of the case.

From the above grounds, the Appellate Panel accepted the protest of the High-level People’s Procuracy in Ho Chi Minh City, in the direction of transferring the sentence of the defendants Quan, Tung, Tru, Phong to a term of imprisonment.

Maintain the same sentence from 1 year 6 months to 2 years 6 months, but allow suspended sentences for the remaining defendants.

Previously, at the first instance trial, defendant Quan was sentenced to 2 years and 6 months in prison by the People’s Court of Vinh Long province, but given a suspended sentence; defendant Tung, Except for each defendant 2 years suspended prison; defendant Phong 1 year and 6 months suspended prison.

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 was under construction falling 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