Revealing the next developments in the "step-aunt" case with an 8-year-old girl

In case the Court returns additional investigation files to determine the correct crimes and criminal acts of the accused but the Procuracy still maintains the prosecution's position, the Court can still try the defendant for a crime. other heavier.

Regarding the case of an 8-year-old girl being killed by a "step-aunt", for the proposal to change the crime of Thai defendant to murder, the jury said that after additional investigation results, the panel will consider according to the crime prosecuted by the procuracy. Since then, the trial panel has decided to return the additional investigation file.

Lawyer Tran Thi Ngoc Nu also emphasized that, right at the beginning of approaching the case, they had a petition to change the crimes of the Thai defendant from "Concealing crimes" and "Torturing others" to "Murder. ". This recommendation is based on images, testimonies, and assessment results, not because of public opinion or any other issue.

Sharing about the jury's decision, lawyer Nguyen Anh Thom - Head of Nguyen Anh's law office) said that, based on Clause 2 (Article 174, Criminal Procedure Code 2015) stipulating the additional investigation time limit as follows: If the case is returned by the procuracies to request additional investigation, the time limit for additional investigation shall not exceed 2 months; if it is returned by the court to request additional investigation, the time limit for investigation shall not exceed 2 months. supplement for no more than 01 month.

The Procuracy is only allowed to return the file for additional investigation twice. The presiding judge may only return the file for additional investigation once, and the Trial Panel may only return the file for additional investigation once.

In case the Court returns additional investigation files to determine the correct crimes and criminal acts of the accused but the Procuracy still maintains the prosecution's position, the Court can still try the defendant for a crime. other heavier.

Specifically, based on Article 298 (Criminal Procedure Code 2015) stipulating "Limits of the Court's adjudication" as follows: "The Court adjudicates the defendants and acts according to the crimes committed by the Procuratorate. prosecution and the Court has decided to bring the case to trial; the Court may try the defendant under a different clause than the one that the Procuracy has prosecuted in the same law or for a different crime equal or lesser If it is deemed necessary to try the defendant for a crime more serious than the one prosecuted by the Procuracy, the Court shall return the file for the Procuracy to re-prosecute and clearly notify the reason for the prosecution. the defendant or the defendant's representative, the defense knows; if the Procuracy still upholds the charged crime, the Court has the right to try the defendant for that heavier crime.

In this case, the Investigative Agency failed to solicit the assessment of the rate of injuries caused by the subjects before the date of the child's death as a crime. Because, in the conclusion of the autopsy mentioned above, there are many old wounds (from 02 to 25 days) that are very serious, leading to death, which are "additional factors" that lead to death. to VA's death on December 22, 2021. This is an important basis to assess the danger and serve as a basis for the conviction of "Murder" by Nguyen Kim Trung Thai.

"Thai's behavior satisfied the crime of "Murder" as an accomplice. Because, Thai was well aware of Trang's use of weapons such as trees and whips to hit grandson A many times in a row in key areas above. However, Thai did not think about the consequences, so he left Trang to "teach" the way Trang did with her VA", lawyer Thom analyzed.

Pursuant to Official Letter No. 233/TANDTC-PC dated October 1, 2019 of the Supreme People's Court, which provides professional guidance on criminal prosecution: "In case a person commits one act but satisfies all signs of of many crimes, they will be criminally prosecuted for more serious crimes".

Compared to this guide, defendants Thai and Trang had the same act of participating in (directly or indirectly) assaulting and beating their grandchild to death for a long time, satisfying many crimes of infringing on life and health. . But according to the principle of attracting crime, it is necessary to apply a certain object to determine that the crime is "Murder" due to the death of the baby.

"Justice will be done, their crimes will be punished most severely is the desire of all people in society. To have a basis for determining the right crime against defendant Nguyen Kim Trung Thai and on the basis of Conclusion of the additional assessment of the percentage of VA's injuries, we have suggested that the prosecution agencies need to change the crime of "Concealing a crime" under Article 389 (PC) to "Murder" according to Article 123 (PC)", lawyer Thom shared.

Expressing his opinion before the trial of the 8-year-old boy's abuse, Dr. Khuat Thu Hong supported the public trial of the "evil couple" but please do not publicize the images of the child being brutally tortured. "So even though the baby has died, it is still not protected. Moreover, the images of the child being brutally abused are really terrible. If they are made public, they are often counter-educational, because the images Violent pictures can incite violence, some bad guys can imitate it, others can angrily storm the accused... making it difficult for security forces and influencing decisions of the court", said Dr. Khuat Thu Hong.

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