The victim’s family requires a hearing to be absent, not asking for a lawyer to protect their rights. The court will conduct a closed trial and public sentencing.
Tomorrow morning (June 25), the People’s Court of District 4 (Ho Chi Minh City) adjudicated accused Nguyen Huu Linh, former Vice-President of the People’s Committee of Da Nang City, on the guilty plea to a person under 16 years of age.
The case is closed trial, only 3 members of the Panel, defendants and defense lawyers and representatives of the inspection agency. The victim will not attend the trial, does not require a lawyer to protect the rights.
Up to 3 years in prison
Mr. Linh has been prosecuted for his crimes against people under 16 years of age under Clause 1, Article 146 of the Criminal Code 2015.
As a rule, a person who is 18 years of age or older and has an act of lewd behavior for persons under 16 years of age who is not intended for sexual intercourse or does not intend to conduct other sex acts, is sentenced to between 6 months and imprisonment. up to 3 years.
The case of Nguyen Huu Linh, a young girl, indignant in public opinion.
During the investigation process, at the testimony minutes, the delivery and receipt minutes of conclusion of investigation and interrogation, Mr. Linh acknowledged 3 times to kiss the girl in the elevator in Galaxy 9 apartment building (District 4, HCMC) is wrong.
However, he pleaded not guilty because he believed that the behavior was not enough to constitute a crime of people under 16 years old.
But the indictment of the District 4 Procuracy still determines that Mr. Nguyen Huu Linh acts lewd towards the child; there is no aggravating circumstance, but the extenuating circumstances are the first offense.
False name declaration
According to the contents of the incident, about 21:00 on April 1, the Russian baby (renamed, 8 years old) from his family’s apartment went to the ground floor to buy things for his mother. After buying, the child asked the security to lift the elevator to the 10th floor, at which time Mr. Nguyen Huu Linh went to the 11th floor.
When the elevator door closed, Mr. Linh approached the little girl standing, using the right hand to hold the victim’s left cheek, the left hand holding the phone and kissing her right cheek and letting go.
After that, he continued to use his right hand to wrap his arms behind his back, put his hand on the left shoulder of Russia, intended to kiss the girl’s left cheek but the victim covered his face with his hand so Linh kissed his forehead.
At this moment, Linh had a phone call, so he transferred the phone from his left hand to his right hand, let go of Russia and listened to the phone. Next, Mr. Linh hugged from behind and circled in front of the little girl, put his hand on the victim’s left shoulder and pulled back, the Russian back touched Linh’s front body.
At this time, the elevator opened so Linh let go of Russia, the girl ran out and Linh continued to go up to the house.
Defendant Nguyen Huu Linh, former deputy director of VKSND in Da Nang City.
After hearing the story, the three girls went down to the management board, extracted the image from the camera and invited Mr. Linh to work. Mr. Linh admitted he was a man in the clip. However, he did not declare his real name Nguyen Huu Linh but used the fake name Nguyen Van Hung.
Through work, Russia’s mother agreed to ignore the case and Mr. Linh flew to Da Nang the following afternoon.
When the 58-second clip was distributed on the internet, in the afternoon of April 3, Mr. Linh went to the District 4 Police to report and admitted on April 1 that he went to his son’s apartment in the Galaxy apartment to stay. Here, he acknowledged the act of hugging a baby girl in an elevator.
On April 21, District 4 Police Investigation Police issued a decision to prosecute the case, prosecute the accused and issue a ban to leave the residence for Mr. Nguyen Huu Linh.
The little girl’s parents once asked not to investigate Mr. Linh
The petition of lawyer Tran Ba Hoc (who defended Mr. Linh) indicated in the pledge that no complaints and complaints of the harmed mother expressed: “When the incident happened, I met Mr. Linh, who accompanying the elevator with me and determining that the incident only comes from my grandchildren embracing and aromatic, not from bad thoughts. “
At the pen number 124, the representative of the girl’s side also determined: “After the incident, our husband and I did not see any harm to the child and Mr. Linh was also the father of the couple T. I know or share an elevator with me, I ask the police office to not continue investigating and dealing with Mr. Linh. “
It can be seen in this case, the families who were harmed from the beginning did not ask the investigating agency to prosecute the former Vice President of VKSND in Da Nang. So far, the girls’ families do not have any claim as well as offer to handle responsibility for Mr. Nguyen Huu Linh.
However, the former Vice-President of the Procuracy was still tried by the District 4 People’s Court because according to the law, the Crime against the people under the age of 16 does not belong to the case of prosecution at the request of the victim.
Talking to VnExpress News before the trial, lawyer Tran Thi Ngoc Nu (Head of the Association for the Protection of Children’s Rights in Ho Chi Minh City) said this case attracted a great deal of public opinion so people wanted a copy proper project for Mr. Linh.
“As a child worker, I agree that the protection of children’s rights is a priority. However, in this case, the family’s harm does not suggest prosecution is wrong. We have many ways to protect children from the exploitation of information of the media, while those who are guilty need to be dealt with according to the law, “Ms Nu said.