On November 28, 2024, at the headquarters of the People's Court of Nghia Lo Town, Yen Bai Province, the first instance public trial of criminal case No. 47/2024/TLST-HS dated October 23, 2024, according to Decision to bring the case to trial No. 58/2024/QDXXST-HS dated November 14, 2024 against the defendant: Hoang Minh N, alias: None. Gender: Male. Date of birth: January 19, 1976 at: N Town, Yen Bai Province. Nationality: Vietnam. Ethnicity: Kinh; Religion: None. Place of residence: Group G, Ward T, N Town, Yen Bai Province. Education level: Grade 12/12. Occupation: Self-employed. Father's name: Hoang Minh T, born in 1943. Mother's name: Lai Thi M, born in 1951. Criminal record: None. Personal information:
– In 2001, the People's Court of Yen Bai province tried the case at first instance, then the Supreme People's Court tried the case at appeal and sentenced the defendant to 5 years in prison for robbery in judgment No. 1741/HS-PT dated October 25, 2001.
- In 2008, the People's Committee of N town applied administrative measures to send him to a compulsory medical facility for a period of 02 years according to Decision No. 500/QD-UBND dated August 29, 2008.
- In 2011, the People's Committee of N town applied administrative measures to send him to a compulsory medical facility for 2 years according to Decision No. 770/QD-UBND dated October 25, 2011.
The defendant was arrested and detained from June 5, 2024, and detained from June 8, 2024. He is currently being detained at the Y Provincial Police Detention Center and is present at the trial.
*Witness:
- Lo Van P, born in 1990, residing at: Ban D, commune N, town N, Yen Bai province, present.
- Dinh Cong H, born in 1994, residing at: Ban L, commune P, town N, Yen Bai province, absent.
– Cam Ngoc T1, born in 1973, residing at: Ban L, commune N, town N, Yen Bai province, present.
– Lo Van T2, born in 1973, residing at: Village C, Commune P, Town N, Yen Bai Province (currently subject to compulsory drug rehabilitation measures at the Drug Rehabilitation Center of Province Y), absent.
- Ha Van T3, born in 1990, residing at: Ban L, commune N, town N, Yen Bai province, present.
CASE CONTENT
According to the documents in the case file and the proceedings at the trial, the content of the case is summarized as follows:
At about 1:40 p.m. on June 5, 2024, the working group of the Drug Crime Investigation Department of the Y Provincial Police on duty in the area of Group F, Ward T, Town N, made a record of the crime of flagrante delicto against Hoang Minh N, born in 1976, residing in Group G, Ward T, Town N, who illegally sold drugs to Lo Van P - born in 1990, residing in Deu 1 village, N commune and Dinh Cong H - born in 1994, residing in Lu village, P commune, Town N. Evidence and temporarily seized assets include: N voluntarily handed over in the right front pocket of his pants, while wearing a white plastic bag with a red zipper at one end, inside were 6 white plastic tubes sealed at both ends containing white compressed powder; 2 mobile phones in the right front pocket of his pants; 200,000 VND in the left front pocket and 01 YAMAHA motorbike, license plate 21B1-X. Hoang Minh N confessed that the white compressed powder in the plastic tubes was H1, N hid it both for his own use and to sell to others, the 200,000 VND was the money N had just received from P and H, each person gave 100,000 VND to buy drugs, N had received the money but had not yet given the drugs back to P and H when he was discovered and arrested.
On the same day, the police investigation agency of Y province conducted a search of Hoang Minh N's residence and belongings at Group G, Ward T, N town. The search results did not confiscate any objects, assets or documents.
In addition, the investigation also proved: At about 10:00 a.m. on June 5, 2024, at the parking lot of M1 market adjacent to P street, belonging to group H, ward T, town N, Hoang Minh N also illegally sold Heroine to Cam Ngoc T1, born in 1973, residing at: Ban L, commune N and Lo Van T2, born in 1973, residing at: Hamlet C, commune P, town N, each person a package of Heroine for 100,000 VND/package, earning 200,000 VND.
* In the Conclusion of the appraisal No. 333/KL-KTHS dated June 11, 2024 of the Department K of the Y Provincial Police, it was concluded that the white compressed powder seized when Hoang Minh N was caught red-handed had a total mass of 0.3 grams; 0.1 gram extracted from 0.3 grams of compressed powder sent for appraisal was a drug, type Heroine.
* In the appraisal conclusion No. 338/KL-KTHS dated June 12, 2024 of the Department K of the Y Provincial Police concluded: The 02 Vietnamese banknotes with a face value of 100,000 VND sent for appraisal are real money.
Indictment No. 48/CT-VKS – NL dated October 23, 2024 of the People's Procuracy of Nghia Lo town prosecuted defendant Hoang Minh N for the crime of "Illegal trading of narcotics" under points b and c, clause 2, Article 251 of the Penal Code.
At the trial, the representative of the People's Procuracy of Nghia Lo town maintained the decision to prosecute. After assessing the nature and level of danger of the crime, the mitigating circumstances of criminal responsibility and the defendant's personal background, the Trial Panel proposed to apply points b and c, clause 2, Article 251; Article 38; point s, clause 1, clause 2, Article 51 of the Penal Code, to sentence defendant Hoang Minh N from 7 years and 6 months to 8 years in prison, without applying the additional penalty of a fine to the defendant.
Regarding the handling of evidence and temporarily detained assets: Applying Clause 1, Article 47 of the Penal Code, Clauses 2 and 3, Article 106 of the Criminal Procedure Code, the Trial Panel is requested to: Confiscate and pay to the state budget: 01 YAMAHA brand motorcycle, license plate 21B1-X, which is the defendant's property but was used as a means of committing a crime; 01 yellow keypad mobile phone, which is the defendant's property but was used as a tool of committing a crime; the amount of 400,000 VND, of which 200,000 VND was temporarily detained, which was the defendant's crime money. Return to the defendant 01 Iphone brand phone, white, touch screen because it is not related to the case. Confiscate and destroy: 0.2 grams of Heroine remaining after taking sealed samples for examination; 02 unsealed envelopes, 01 nylon bag with a lock at one end and white plastic tubes. Regarding court fees: The defendant must pay according to the provisions of law.
During the investigation at the police investigation agency of N town, the defendant did not admit to selling drugs to Lo Van P and Dinh Cong H as charged in the indictment. However, at the trial, the defendant honestly confessed his guilt, admitting that at around 1:40 p.m. on June 5, 2024, the defendant illegally sold H2 to Lo Van P and Dinh Cong H each a package of Heronie for 100,000 VND/package on the side of T road in group F, ward T, N town, but had just collected the money and had not yet delivered the drugs to P and H when he was arrested.
During the investigation, defendant Hoang Minh N did not admit to knowing Cam Ngoc T1 and Lo Van T2, and did not illegally sell drugs to Cam Ngoc T1 and Lo Van T2 on the morning of June 5, 2024 at the parking lot of M1 market adjacent to Pham Ngu L street. But at the trial, the defendant honestly pleaded guilty, admitting that at around 10:00 a.m. on June 5, 2024, at the parking lot of M1 market, the defendant sold drugs to Cam Ngoc T1 and Lo Van T2, each a package of Heroine for 100,000 VND/package, earning 200,000 VND.
During the investigation and at the trial, witnesses Lo Van P and Dinh Cong H confessed that in the early afternoon of June 5, 2024, on the roadside, T bought drugs from Hoang Minh N, each one a package of Heroine for 100,000 VND/package, gave the money to N to hold, and before they could receive the drugs back, they were discovered and arrested. In addition, Lo Van P and Dinh Cong H also confessed that on May 30, 2024 and June 1, 2024, P and H had bought Heroine from Hoang Minh N twice in the T street area. During the investigation and at the trial, witnesses Cam Ngoc T1, Lo Van T2 and Ha Van T3 confessed: At around 10:00 a.m. on June 5, 2024, they bought drugs from Hoang Minh N, each one a package of Heroine for 100,000 VND/package at the parking lot of M1 market adjacent to Pham Ngu L street; Cam Ngoc T1 confessed that after buying drugs, Hoang Minh N gave him his phone number so that he could contact him when needed. Because he did not know that N had been arrested, at around 4:30 p.m. the same day, when Ha Van T3, a fellow villager, asked T1 to buy a package of drugs for him to use, T1 contacted N. N agreed and made an appointment with T1 at motel N1 in group F, ward T, town N. When T1 went to the meeting place, he was detained by the Y Provincial Police for questioning.
JUDGMENT OF THE COURT
Based on the content of the case, based on the documents in the case file that were debated at the trial, the Trial Panel determined as follows:
[1] Regarding the conduct and procedural decisions of the Investigation Agency of the Y Provincial Police, Investigator; the N Town Police, Investigator; the Yen Bai Provincial People's Procuracy, Prosecutor; the Nghia Lo Town People's Procuracy, Prosecutor during the investigation and prosecution, they correctly implemented the authority, order and procedures prescribed by the Criminal Procedure Code. During the investigation and at the trial, the defendant had no comments or complaints about the conduct and decisions of the prosecution agency and the prosecutor. Therefore, the conduct and procedural decisions of the prosecution agency and the prosecutor were all legal.
[2] Regarding the evidence of the accusation:
Although during the investigation, defendant Hoang Minh N gave evasive statements and denied the crime, at the trial the defendant pleaded guilty. Hoang Minh N's confession is consistent with the confession at the police investigation agency of Y province, consistent with the testimony of witnesses Lo Van P, Dinh Cong H, Cam Ngoc T1, Lo Van T2 and Ha Van T3, consistent with the seized evidence of money, packages of Heroine and other documents in the file, so there is sufficient basis to conclude: Hoang Minh Nghia is a drug addict, for the purpose of profit, N illegally stored drugs, specifically stored 0.3 grams of Heroine contained in 06 plastic tubes for both use and sale to other drug addicts and in fact at about 10:00 a.m. on June 5, 2024, the defendant sold H2 to Cam Ngoc T1 and Lo Van T2, each a package of Heroine for 100,000 VND/package at the parking lot of M1 market in group H, ward T, town N; At about 1:40 p.m. on June 5, 2024, Hoang Minh N illegally sold H2 to Lo Van P and Dinh Cong H, each one for 100,000 VND/package, on the side of T Street in Group F, Ward T, N Town, but had just collected the money and had not yet given the drugs to P and H when he was caught red-handed. Hoang Minh Nghia is a person with full cognitive capacity, clearly knowing that illegally selling Heroine to others is a violation of the law, but still intentionally did it for profit. With the act of illegally storing 0.3 grams of Heroine for sale and actually illegally selling Heroine twice at the same time to two people, Lo Van P, Dinh Cong H and Cam Ngoc T1, Lo Van T2, the defendant committed the crime of "Illegal trading of narcotics" with aggravating circumstances: "Committing the crime 2 times or more", "For 2 or more people" as prescribed in Point b, c, Clause 2, Article 251 of the Penal Code as prosecuted by the People's Procuracy of Nghia Lo town.
Heroin is a drug that causes great harm to social life and is the cause of other crimes. Our Party and State have had many policies and resolute measures to eliminate drugs from social life. Hoang Minh N clearly knows the harmful effects of drugs on himself, his family and society, but for personal gain, the defendant still deliberately committed it. The defendant's criminal acts cause great harm to society and directly violate the drug control policy of the Party and State. Therefore, it is necessary to be strictly punished to educate the defendant and deter and prevent in general.
[3] Considering the aggravating and mitigating circumstances of criminal responsibility and the defendant's personal background: Aggravating circumstances of criminal responsibility: None.
Mitigating circumstances of criminal responsibility: Although during the investigation, defendant N was evasive, denied the crime, and gave dishonest testimony, at the trial, the defendant honestly confessed and admitted all the crimes that the prosecutor had accused, so the defendant was entitled to the mitigating circumstance of "sincere confession" as prescribed in Point s, Clause 1, Article 51 of the Penal Code; the defendant's biological parents were people with revolutionary contributions, and were awarded the H3 and Resistance Medals by the State. This is another mitigating circumstance as prescribed in Clause 2, Article 51 of the Penal Code, which was considered by the Trial Panel to be applied to the defendant.
Regarding personal background: Defendant Hoang Minh Nghia L1 is a drug addict, and has been forced to undergo medical treatment many times but still cannot quit; Also because of drug addiction, in 2001, the defendant was sentenced by the Supreme People's Court to 5 years in prison for property infringement, but the defendant did not take that as a lesson to improve himself, showing that the defendant has a bad personal background.
[4] Given the nature and level of danger to society of the crime; mitigating circumstances; the defendant's personal circumstances, based on the provisions of the criminal law. The Trial Panel finds that it is necessary to apply a prison sentence with a commensurate penalty, isolating the defendant from social life for a certain period of time to help the defendant reform and become a useful person for his family and society, contributing to educating others to respect the law and fight against drug crimes. Regarding additional penalties: Considering that the defendant Hoang Minh N committed a crime that was of a profiteering nature, the defendant is an addict, has no stable job and income, and has no assets, so there is no need to apply an additional penalty of a fine, demonstrating the humane policy of the law.
[5] Regarding the physical evidence and temporarily seized assets of the case: 01 YAMAHA motorcycle, license plate 21B1-X, this is the defendant's property but was used as a means of committing the crime, 01 yellow keypad mobile phone, this is the defendant's property but was used as a tool of committing the crime, the amount of 400,000 VND, of which 200,000 VND was temporarily seized from the defendant, is money from committing the crime and needs to be confiscated and paid to the state budget;
01 Iphone brand phone, white, touch screen was returned to the defendant because it was not related to the case; 0.2 grams of Heroine remaining after taking samples for examination was sealed; 02 envelopes were opened, 01 nylon bag with a lock on one end and white plastic tubes are items that the state prohibits from storing and circulating, items of no value that need to be confiscated and destroyed.
[6] In this case there are also:
Regarding Lo Van P and Dinh Cong H: They are drug addicts who bought Heroine from Hoang Minh N for use. P and H's actions do not constitute a crime. The Drug Crime Investigation Police Department of Y Province Police issued administrative penalty decision No. 05. 06 dated June 10, 2024 for the act of "Illegal use of narcotics" in accordance with regulations.
Regarding the Mong ethnic man living in P commune, T district who sold Heroine to Hoang Minh N. Because defendant N did not know the name, age, and specific address of this person, the Investigation Police Agency of N town police had no basis to verify and clarify.
In addition, Lo Van P and Dinh Cong H also confessed that previously, P and H had bought Heroine from Hoang Minh N twice on May 30, 2024 and June 1, 2024. As a result of the investigation, N did not admit to selling Heroine these two times. The Investigation Agency conducted investigation measures but there was not enough evidence to prove and conclude on this content.
The conclusions and recommendations of the Prosecutor at the trial are well-founded, in accordance with the provisions of law, and accepted by the Trial Panel.
For the above reasons,
DECISION
The defendant Hoang Minh N was declared guilty of "Illegal drug trafficking".
1. Applying point c, clause 2, Article 251; point s, clause 1, clause 2, Article 51; Article 38 of the Penal Code, sentence defendant Hoang Minh N to 07 years in prison (Seven years in prison), the time of serving the prison sentence is calculated from the date of detention June 5, 2024.
2. Regarding the handling of evidence and temporarily seized assets: Apply Article 47 of the Penal Code; Article 106 of the Criminal Procedure Code:
– Confiscated and paid to the state budget: 01 red-black YAMAHA motorcycle, license plate 21B1-X, frame number: RLCN5P1110DY 485380, engine number:
5P11485392, used vehicle; 01 mobile phone with push-button keypad, yellow case, IMEI number: 86213401023021SVN 78, IMEI: 862134010230039, used device and 400,000 VND (Four hundred thousand VND), of which 200,000 VND (Two hundred thousand VND) has been temporarily seized.
– Return to the defendant: 01 used touch screen mobile phone, Iphone brand, white case, IMEI number: 354853091819189.
– Confiscation and destruction: 0.2 grams of Heroine remaining after taking sealed samples for examination; 02 unsealed envelopes, 01 plastic bag with a plastic lock at one end and plastic pipe sections.
(According to the minutes of handover of evidence made at 9:30 a.m. on November 5, 2024 between the Investigation Police Agency of N Town Police and the Civil Judgment Enforcement Office of Nghia Lo Town).
3. Regarding court fees: Applying Article 136 of the Criminal Procedure Code, Resolution 326/2016/UBTVQH14 of the Standing Committee of the 14th National Assembly regulating court fees and charges, defendant Hoang Minh N must pay the first-instance criminal court fee of 200,000 VND.
Defendant Hoang Minh N has the right to appeal the judgment within 15 days from the date of judgment.
