The trial of the flight attendant who spread the COVID-19 epidemic and the unexpected ending

At the trial, the male flight attendant admitted to the crime but said that his mistake was not worthy of criminal prosecution.

Today, March 30, the People's Court of Ho Chi Minh City brought to trial Duong Tan Hau (29 years old, male flight attendant of Vietnam Airlines) on the charge of "spreading dangerous infectious diseases to people". Hau was prosecuted under Point c, Clause 1, Article 240 of the Penal Code 2015 (amended and supplemented in 2017). This crime is punishable by a fine of between VND 50,000,000 and VND 200,000,000 or a prison term of between 1 and 5 years.

The trial was presided over by Judge Tran Minh Chau. There are 3 lawyers participating in the defense for Hau. The court also summoned 5 people with related interests and obligations to serve the trial.

Before the trial, the three defense lawyers for the defendant asked the jury to summon more representatives of the Ministry of Transport, Vietnam Airlines Corporation (Vietnam Airlines), and the Management Board of Vietnam Airlines' concentrated accommodation and isolation facilities. , the People's Committee of Ho Chi Minh City, the Steering Committees for COVID-19 prevention and control related to the case.

However, the jury found that these individuals and organizations had testimonies as well as documents sent to the investigating agency. Therefore, the court disagreed with this recommendation.

According to the indictment, Hau's behavior is serious, dangerous to society, has infringed on the safety of life, the health of the community and society, so it needs to be dealt with seriously. educational effect on the accused and deterrence, general prevention. The indictment also determined that the total material damage caused by Hau was VND 4.4 billion, in addition to non-material damage that affected the lives of more than 2,000 people in Ho Chi Minh City (including 861 people from isolated at concentrated isolation facilities and 1,400 people isolated at their residence).

At the trial, the male flight attendant admitted to the crime but said that his mistake was not worthy of criminal prosecution. According to the defendant, the defendant's violations involved many parties, from the isolation area to the authorities. In addition, the defendant presented difficulties in isolation.

Before the defendant's testimony, the chairman said that it is impossible for him to go out because of the bondage and anxiety when he has to be isolated and to go out to spread the COVID-19 epidemic to others.

Defendant's lawyer said that defendant Hau was just a victim of lax quarantine management. Accordingly, during the time the defendant was isolated at home, the authorities did not have any monitoring measures and did not notify about the place of residence, leading to the defendant's violation.

Having the last word before the court deliberation, defendant Hau said that during the epidemic outbreak, he himself participated in flights to rescue Vietnamese stranded abroad. During that process, due to an unexpected incident, the defendant became a victim of this epidemic. The defendant also said that because he was too confident with two negative test results, he accidentally infected you.

Quoting defendant Duong Tan Hau at the trial:

"The defendant admitted that his unintentional mistake caused the consequences. The defendant apologizes to BN 1347, 1348, 1349. By the way, also apologizes to the entire community. If given the opportunity, the defendant volunteered to continue. continue to participate in anti-epidemic activities, use their knowledge and experience to continue participating in the frontline of epidemic prevention if possible."

The jury determined that the latter had committed the crime of "spreading dangerous infectious diseases to others" under Point c, Clause 1, Article 240 of the Penal Code due to his failure to comply with the law on isolation, causing serious consequences. However, the defendant has many extenuating circumstances, honestly declares, has a good identity and clear residence, is the main worker, his father is seriously ill... so it is not necessary to isolate him from society. .

When impeaching the defendant Hau, the People's Procuracy of Ho Chi Minh City asked the jury to punish Hau from 2-3 years in prison, but give him a suspended sentence, the probation period is 5 years, an additional fine of 50 million VND.

After deliberation, the jury found that defendant Hau had many mitigating circumstances, so he sentenced him to 2 years in prison, but granted him a suspended sentence, and the probation period was 4 years. In addition, because the defendant is the main laborer in the family, the court did not impose a fine.

Regarding the case, the investigating agency determined that the management board of Vietnam Airlines isolation facility is responsible for coordinating with the Center for Disease Control of Ho Chi Minh City. Ho Chi Minh City, districts and wards to monitor and ensure the safety of those in quarantine. However, the facility has let a series of shortcomings occur such as: before the flight attendant came to check in, the temperature had not been screened; hot and cold water machine, dining table placed in the common area; flight crews are in contact with each other...

The Management Board was also accused of not monitoring closely, leading to Hau coming into contact with 2 positive patients. However, the investigating agency believes that these violations have not yet reached the level of criminal punishment, so it is recommended to the City People's Committee. Ho Chi Minh City assigns functional agencies to handle administrative matters.

As for Hau's mistake when isolated at home, the Chief of the Medical Station of Ward 2, Tan Binh District, made an error because he did not carry out isolation measures, did not notify the residence (the owner of the inn on the street). Bach Dang) despite receiving a notice from Vietnam Airlines. During the investigation, this person was aware of the wrongdoing, declared sincerely, committed to rectify, so the investigation agency proposed the Tan Binh District Police to impose administrative sanctions.

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