The court missed the criminal when it declared the former deputy secretary of the Yen Bai Provincial Youth Union innocent

On November 20, the source said that the People’s Procuracy (People’s Procuracy) of Yen Bai province has just issued a decision to appeal against the first-instance criminal judgment of the People’s Court of Yen Bai province against Mr. Dinh Tien Hung. , original Deputy Secretary of the Provincial Youth Union Yen Bai, with accomplices.

In the appeal, the People’s Procuracy of Yen Bai province affirmed that the first instance verdict missed the offender when declaring defendant Dinh Tien Hung not guilty of “Violating regulations on resource exploitation”.

According to the appeal, the first instance verdict was not objective and comprehensive when evaluating the indictment of the People’s Procuracy of Yen Bai province based solely on the testimony of Nguyen Van Hau, former director of Tuyen Huy Co., Ltd., to identify Dinh. Tien Hung had words to initiate illegal ore mining at Ngang mountain mine.

The People’s Procuracy assessed the defendants’ testimony in accordance with electronic data documents collected by the investigation agency according to regulations. All of them show that Mr. Hung “regularly monitors and directs the mining process”.

Specifically, the People’s Procuracy accused Mr. Hung of calling and asking Bui Minh Duc, a worker at Ngoc Tam Trading Company Limited, about repairing an excavator used for illegal mining; Texting and asking for the phone number of the mine manager; reminded Lang Duc Han, former director of Ngoc Tam Trading Co., Ltd., to pay the electricity bill used for mining: “Let the accountant pay this electricity bill. Tomorrow he will cut it off”…

The People’s Procuracy assessed that when the case was discovered, Mr. Hung and the defendants discussed how to deal with the investigation agency. In the recording file handed over by his accomplice, Mr. Hung advised this person to “stay away for a while, the investigation room handling that case has few people, there is nothing that can be done, the case will be closed soon”.

The People’s Procuracy believes that there are a series of legally collected evidence documents that have shown the objective truth about Mr. Hung’s participation in directing illegal mining activities, but the first-instance Trial Panel (Judge) incorrect assessment.

Accordingly, in the appeal, the People’s Procuracy reaffirmed that the first-instance jury’s finding of defendant Hung’s innocence was “ignoring the offender’s role as an organizer.”

Therefore, the People’s Procuracy of Yen Bai province requested the High People’s Court in Hanoi to retry the above criminal case in the direction that Mr. Dinh Tien Hung committed the crime of “Violating regulations on resource exploitation”. At the same time, 2 other defendants committed crimes and 1 defendant was not allowed to enjoy mitigating circumstances of criminal liability but applied aggravating circumstances.

According to the indictment, during the period from October 2020 to December 30, 2020, taking advantage of the blasting contract to repair and upgrade the road to the mine of Tuyen Huy Company, Lang Duc Han and his accomplices illegally used 2,768 kg of explosives of all kinds, 3,391 detonators of all kinds to illegally exploit lead-zinc ore in existing mines at Tuyen Huy Company’s mine and the lower mine in Lang Ray village (Cam Nhan commune, Yen Binh district) with a total volume of 1,096 tons of lead – zinc ore, worth more than 2 billion VND. Of which, the amount of ore illegally mined at Tuyen Huy company’s mine is 1,073 tons of lead-zinc ore, worth more than 2 billion VND.

In the case, former deputy secretary of the Yen Bai Provincial Youth Union, Dinh Tien Hung, was accused of being the initiator, raising the issue and offering profit levels for himself as well as for the Tuyen Huy company. Along with that, Hung agreed to assign defendant Nguyen Manh Hung (“short” Hung) to find someone to go to the mine to carry out illegal mineral mining activities and be responsible for the amount of illegally mined minerals. The license at Tuyen Huy Company’s mine is more than 1,073 tons of lead-zinc ore, worth more than 2 billion VND.

Regarding these allegations, the jury found that at the meeting on October 18, 2020 at Dong Tam coffee shop (Yen Bai city), Dinh Tien Hung posed a question to Tuan and Hau with the content: “You guys If there is a mine, I have connections. Now that the road construction is convenient, I will continue to mine ore. I will take care of the relationship and mechanism, while “short” Hung will go find people to exploit ore. When exploiting and selling ore, calculating and subtracting relationship costs and production costs, Dinh Tien Hung will take 1/3, the remaining 2/3 of Tuyen Huy and Hung “short” companies. After hearing Dinh Tien Hung’s proposal, Hau and Tuan agreed.

The jury found that defendants Hau and Tuan repeatedly changed their testimonies at the investigation agency and in court, and the content of their declaration about the meeting with Dinh Tien Hung still had many contradictions. The indictment relied solely on the testimony of defendant Hau to determine that Dinh Tien Hung had initiated the statement, raising the issue of profit sharing and illegal ore mining, which was not enough evidence to prove. “From there, there is enough evidence to conclude that defendant Dinh Tien Hung is not the person who initiated or promoted illegal ore mining activities” – the first-instance jury assessed.