"Grandfather" Le Tung Van "entered the warehouse" when he was over 90 enjoyed a special policy?

Previously, during the background check, defendant Van was old and could not hear clearly, so the court arranged a person with related rights and obligations to tell this defendant.

After the postponement on June 30, on July 20, the People's Court of Duc Hoa district, Long An reopened the first-instance trial of the case "abusing democratic freedoms to infringe upon the interests of the State, the rights and interests of the State." legitimate interests of organizations and individuals" for defendants Le Tung Van (90 years old), Le Thanh Hoan Nguyen (32 years old), Le Thanh Nhat Nguyen (31 years old), Le Thanh Trung Duong (27 years old), Le Thanh Nhi Nguyen (24 years old) and Cao Thi Cuc (62 years old).

Due to their advanced age, defendants Van and Cuc were allowed to sit by the presiding judge throughout the trial. Mr. Le Tung Van was sentenced to 5 years in prison. The defendants Nhat Nguyen, Hoan Nguyen and Trung Duong were each sentenced to 4 years in prison, Nhi Nguyen 3 years and 6 months in prison, Cao Thi Cuc 3 years in prison for the same crime of abusing democratic freedoms to infringe upon the interests of the State. country, lawful rights and interests of organizations and individuals.

Regarding this case, lawyer Bui Phan Anh (Director of the Institute of Legal Sciences and Legal Aid, Hanoi Bar Association) commented: "According to the provisions of the Criminal Code and the Law on Criminal Judgment Execution After the court pronounces the sentence, despite his old age, Mr. Le Tung Van still has to serve his sentence as usual. However, Mr. Van may still be able to apply some specific policies towards the elderly.

Accordingly, after being sentenced to prison, in case Mr. Le Tung Van becomes seriously ill, his imprisonment will be postponed until his health is restored as prescribed in Article 67 of the Penal Code 2015.

"In case the inmate is too old and weak, this is also one of the components of the dossier to consider reducing the term of imprisonment. In addition, if the elderly inmate is detained in the disciplinary chamber, according to the provisions of the law will not be shackled" - Lawyer Bui Phan Anh said.

Article 66 of the 2015 Penal Code stipulates that in case an inmate such as Mr. Le Tung Van is serving a prison sentence and is entitled to a reduction in the serving time of the prison sentence, he may be released from prison before the time limit when fully meeting the following conditions:

- Committing the crime for the first time;

- Have a clear place of residence;

- Having a lot of progress, having a good sense of improvement;

- Court fees have been paid;

- Having served at least one-third of the term imprisonment (due to being over 70 years old).

Previously, during the background check, defendant Van was old and could not hear clearly, so the court arranged a person with related rights and obligations to tell this defendant. Defendant Van answered quite clearly, notably the defendant said that he "does not follow any religion" and "is still single, waiting to get married". Similarly, other defendants also claim that they do not follow any religion.

Regarding the grounds for suspending the investigation of the case, according to Lawyer Nguyen Thi Thu - Hanoi Bar Association, it is the suspension of investigation activities for the case or the accused for the following reasons. certain. According to Article 229 of the 2015 Criminal Procedure Code, the criminal justice agency issues a decision to temporarily suspend the investigation when:

The accused has not yet been identified or the defendant's whereabouts are unknown but the time limit for investigating the case has expired; When there is a conclusion of judicial expertise, it is determined that the accused suffers from a mental illness or a fatal disease;

When soliciting expertise, requesting property valuation, requesting foreign legal assistance has not yet yielded results but the investigation time limit has expired.

Thus, with complicated cases, many denunciations, the time limit for settlement has expired but there are no relevant expert conclusions, the settlement of criminal reports and denunciations will be temporarily suspended. When there are conclusions of assessment, the police will carry out legal proceedings.

Specifically, if the assessment results are consistent with the denunciation content, combined with specific evidences collected during the investigation, the investigation agency will resume the investigation. If there is no evidence to prove the crime, the Criminal Investigation Department will issue a decision to suspend the investigation - Lawyer Thu emphasized.

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