The Bong Lai Pure House Case: Why did the provincial procuracy prosecute the district court for trial?

RoséJun 22, 2022 at 12:13

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According to the indictment, the People's Procuracy of Long An province decided to prosecute before the People's Court of Duc Hoa district for trial against the six defendants mentioned above. As soon as the People's Court of Duc Hoa district issued the decision to bring the case to trial, many readers wondered: Why did the People's Procuracy of Long An province not prosecute the accused before the People's Court of Long An province for trial, but the People's Court of the district? Duc Hoa?

As expected, on June 30, the People's Court of Duc Hoa district will open a first-instance trial for defendant Le Tung Van (90 years old) and 5 accomplices for the crime of abusing democratic freedoms to invade violate the interests of the State, the lawful rights and interests of organizations and individuals.

The presiding judge of the trial is Judge Nguyen Khac Duy Linh. Procurators holding the right to prosecute are Mr. Dang Hoang Luu and Nguyen Thanh Bong. This trial has 5 defense lawyers for 6 defendants. Besides, the court summoned many police officers of Duc Hoa district and many other related people and witnesses to attend...

The Bong Lai Pure House Case: Why did the provincial procuracy prosecute the district court for trial? - Photo 1

According to the indictment, from 2019 to 2021, the above-mentioned defendants took advantage of religious forms, false information, fabricated ... to post five video clips, one article ... on social networks. the Facebook and YouTube associations have content that offends Buddhism, insults the honor and dignity of Mr. Nhat Tu; distorting and insulting the reputation of the Police of Duc Hoa district, Long An province.

In which, Mr. Le Tung Van is accused of organizing, deciding, directing and operating all activities; assigning roles and tasks to other defendants to write scripts, practice singing... and create a number of social media accounts to post activities and actions here.

The Bong Lai Pure House Case: Why did the provincial procuracy prosecute the district court for trial? - Photo 2

All six defendants have aggravating circumstances as organized crimes, committing crimes twice or more. Particularly, defendant Trung Duong has a mitigating circumstance that he has sincerely confessed and repented.

According to the indictment, the People's Procuracy of Long An province decided to prosecute before the People's Court of Duc Hoa district for trial against the six defendants mentioned above. As soon as the People's Court of Duc Hoa district issued the decision to bring the case to trial, many readers wondered: Why did the People's Procuracy of Long An province not prosecute the accused before the People's Court of Long An province for trial, but the People's Court of the district? Duc Hoa?

The Bong Lai Pure House Case: Why did the provincial procuracy prosecute the district court for trial? - Photo 3

Meanwhile, on February 24, the People's Procuracy of Duc Hoa district had a decision to transfer the case to the Investigation Security Agency of Long An Provincial Police for investigation according to its competence. This agency also requested the Police Investigation Agency of Duc Hoa District Police to transfer the case files, exhibits and the accused to the Investigation Security Agency of the Long An Provincial Police.

Answering the above question, Dr. Bui Kim Hieu, Dean of Law Faculty of Ho Chi Minh City University of Foreign Languages and Informatics, said that the People's Procuracy of Long An province transferred the prosecution indictment with the case file to the People's Court of Duc Hoa district for trial. in accordance with the law.

The Bong Lai Pure House Case: Why did the provincial procuracy prosecute the district court for trial? - Photo 4

"The case shows that the defendants show signs of organized crime and greatly affect the image of Buddhism, creating great public opinion, so it falls under the investigating jurisdiction of the Long An Provincial Police and the competent Long An Provincial People's Procuracy. the right to supervise investigation activities" - analyzed by Dr. Hieu.

Particularly in terms of jurisdiction, district courts are entitled to first-instance trial of criminal cases involving less serious crimes, serious crimes and very serious crimes, except for some crimes such as crimes of infringing upon national security. ... At the same time, Article 269 of the Criminal Procedure Code 2015 stipulates that the court competent to hear criminal cases is the court where the crime is committed.

The Bong Lai Pure House Case: Why did the provincial procuracy prosecute the district court for trial? - Photo 5

Agreeing, lawyer Le Van Hoan, Ho Chi Minh City Bar Association, said that the accused in the above case were prosecuted under Clause 2, Article 331 of the Penal Code 2015 with a penalty of 2-7 years in prison (serious crimes). ) and where the crime was committed is Duc Hoa district.

Therefore, the above case falls under the jurisdiction of the district-level People's Court according to Article 268 of the 2015 Criminal Procedure Code. It is appropriate for the People's Procuracy of Long An province to prosecute the accused to the People's Court of Duc Hoa district.

The Bong Lai Pure House Case: Why did the provincial procuracy prosecute the district court for trial? - Photo 6

The Bong Lai Pure House Case: Why did the provincial procuracy prosecute the district court for trial? - Photo 7

According to a source of Ho Chi Minh City Law, in preparation for the first-instance trial on June 30, the court sent summons to 16 witnesses. Among them are seven police officers of Duc Hoa district, one police officer of Hau Nghia town (Duc Hoa district).

In addition, in this case, there is another subject, Le Thu Van, who has now left his residence. The investigative security agency has not found it, so it has decided to separate the criminal case from this object, when caught, it will be handled later.

The Bong Lai Pure House Case: Why did the provincial procuracy prosecute the district court for trial? - Photo 8

Regarding the first-instance trial scheduled for trial during the above time, H.Duc Hoa People's Court requested H.Duc Hoa Public Security to arrange security and order throughout the duration of the trial. .

The Bong Lai Pure House Case: Why did the provincial procuracy prosecute the district court for trial? - Photo 9

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