Department of Police Investigation
No: 14/KLDT-PC44
Social Republic Of Viet Nam
Independence - Freedom - Happiness
Dong Thap , 02nd July 2014
RESULTS OF THE INVESTIGATION OF CRIMINAL CASE
In accordance with Statutes 63, 104,162,163 of Criminal Laws.
In accordance with the Decision to press criminal charges no 15; the Decisions to charge the Defendants no 18, 19, 20; the Orders for temporary incarceration no 19, 20, 21 on the same day 21st February 2014 of the Department of Police Investigation of Lap Vo District, Dong Thap Province; In accordance with the Decision to change the case no 09 dated 04th June 2014 of the Pocuracy Department of Lap Vo District. Decision to halt the investigation of the criminal case no 05, the Decision to change the Decision to press charges against the Defendant no 10 on the same day 25th June 2014 of the Department of Police Investigation of Dong Thap Province, regarding:
* The Defendants:
1/ Name: Bui Thi Minh Hang, YOB 1964.
- Registered address: 106 Le Hong Phong, ward 4, Vung Tau City, Ba Ria District- Vung Tau.
- Address: 106 Le Hong Phong, ward 4, Vung Tau City, Ba Ria District- Vung Tau.
2/ Name: Nguyen Thi Thuy Quynh, YOB 1986.
- Registered address: 544/10 Lac Long Quan, ward 5, District 11, Ho Chi Minh city.
- Address: A22/9B3 Highway 50, Group 37, Hamlet 1A, Binh Hung District, Binh Chanh Province, Ho Chi Minh city.
3/ Name: Nguyen Van Minh, YOB 1980
- Registered address: Phuoc Hoa Hamlet, An Phu District, An Giang Province.
- Address: Phuoc Hoa Hamlet, An Phu District, An Giang Province.
- All 3 defendants above have committed the crime: Disturbing public order .
After finishing the investigation, the Department of Police Investigation of Dong Thap Province managed to collect these information and evidences to prove the crimes committed by the defendants as follow:
I/ DETAILS OF THE CASE :
Performing the plan no 436/KH-CAT-PC67 dated 28th October 2013, of the Chief Police Officer of Dong Thap Province "re: organizing the police force to patrol, to investigation to ensure orderly and safe public transportation" on the roads of Dong Thap Province. On the 07th Nov 2013, Chief Police of Lap Vo District gave the Decision no 89/QD-CAH and plan no 188/KH-CSGT-TTCD "re: Organizing other police force and Hamlet Police to work together with Traffic Officers to patrol and investigate to ensure orderly and safe public transportation" in Lap Vo District. The dates are from 01st Nov 2014 to the end of 28th Feb 2014". At about 8 am, on 11th Feb 2014, performing the above plan and under the order of the Chiefs of Police of Lap Vo District, the different forces of the Province Police and Hamlet Police of Hamlet My An Hung B were organized into a patrolling group including these officers:
1/ Mr Nguyen Duc Nha, Lieutenant Traffic Officer ( CSGT) Group leader. Duties include stopping traffic, check id papers.
2/ Mr Nguyen Thanh Lai, Sergeant Safety Traffic Officer (TTCD) , group member. Duties include keeping orders.
3/ Mr Thai Hoang Danh, Police Officer of My An Hung B Hamlet, group member . Duties include keeping orders.
4/ Mr Le Van Huy Tin Anh, Police Officer of My An Hung B Hamlet, group member . Duties include keeping orders.
This Group started to patrol and check vehicles traveling on these roads: TL 848, TL849, DH 70, DH 67B, in the area of Hamlet My An Hung B. By about 10 am on the same day, the Group arrived at the Nong Trai Bridge on road DH 67B in Ward An Quoi, Hamlet My An Hung B, Lap Vo District, Dong Thap, and discovered in the front, going in the opposite direction a group traveling on 11 motorbikes from the Third route to road 849. The motorbikes with the registration plates 67TA- 0361 and 67L1-38193 driven by 2 men named Nguyen Vu Tam and Vo Van Buu, traveling at the front were going in 3 alongside (another person riding a vehicle on the inside of the road, name unknown, does not violate any traffic rules) causing a disruption of traffic, therefore Mr Nguyen Duc Nha gave the order to stop the vehicles according to the laws to check the papers of the two men named above. When seeing the Traffic Officer stopping the vehicles of Tam and Buu to check id, the group traveling with Tam and Buu also stopped. They are:
1/ Bui Thi Minh Hang, YOB: 1964, address: 106 Le Hong Phong, Ward 4, Vung Tau City, Ba Ria Province - Vung Tau .
2/ Nguyen Thi Thuy Quynh, YOB 1986.
- Registered address: 544/10 Lac Long Quan, ward 5, District 11, Ho Chi Minh city.
- Address: A22/9B3 Highway 50, Group 37, Hamlet 1A, Binh Hung District, Binh Chanh Province, Ho Chi Minh city .
3/ Nguyen Van Minh, YOB 1980, address: Hamlet Phuoc Hoa, Phuoc Hung District, An Phu Province, An Giang.
4/ Truong Kim Long, YOB 1955, address: Hamlet An Quoi, Ward Hoi An Dong, Lap Vo District, Dong Thap Province.
5/ To Van Manh, YOB 1950, address: Hamlet An Thai, Ward My An Hung B, Lap Vo Dist, Dong Thap Province.
6/ Vo Van Thanh Liem: YOB 1940, address: Hamlet Long Hoa, wards Long Dien A, Cho Moi Dist, An Giang.
7/ Phan Duc Phuoc, YOB 1980, address: Hamlet 3, ward Vinh Hoi Dong, An Phu Dist, An Giang.
8/ Huynh Anh Tu, YOB 1968, address: Hamlet 102 Pham The Hien, ward 4, Dist 8, HCM city.
9/ Huynh Anh Tri, YOB 1971, address: homeless.
10/ Pham Nhut Thinh, YOB 1973, address: 12A/13 Nghia Hoa, ward 6, Tan Binh Dist, HCM city.
11/ Bui Thi Diem Thuy, YOB 1984 , address: Hamlet Phuoc Hoa, ward Phuoc Hung, An Phu Dist, An Giang.
12/ Do Thi Thuy Trang, YOB 1991, address: Hamlet Phuoc Hoa, ward Phuoc Hung, An Phu Dist, An Giang.
13/ Nguyen Duc Tai ( Luu Trong Kiet ), YOB 1958, address: 132/41/48 Nguyen Huu Canh, ward 22, Binh Thanh Dist, HCM city.
14/ Tran Van Thuong, YOB 1954, address: Hamlet Ho Tram, ward Phuoc Thuan, Xuyen Moc Dist, Ba Ria - Vung Tau Province.
15/ Vo Van Bao, YOB 1989, address: Hamlet My Thanh, ward My An, Cho Moi Dist, An Giang.
16/ Bui Thi Thanh, YOB 1981, address: Hamlet Phuoc Hoa, Ward Phuoc Hung, An Phu Dist, An Giang.
17/ Nguyen Thi My Trieu, YOB 1972, adress: hamlet Long Hoa 2, ward Long Dien A, Cho Moi Dist, An Giang.
18/ Vo Thi Anh Tuyet, YOb 1986, address: Hamlet Long Hoa 2, ward Long Dien A, Cho Moi Dist, An Giang.
19/ Vo Thi Thu Ba, YOB 1984, address: Hamlet Long Hoa 2, ward Long Dien A, Cho Moi Dist, An Giang
These people stopped the bikes causing disturbances to the traffic, so Mr Nha asked Officers Nguyen Thanh Lai, Thai Hoang Danh and Le Van Huy Tin Anh to go ahead to ask these people to move their bikes to the sides of the roads. At this time, Nguyen Van Minh sitting on the back of the motorbike ( being driven by his wife Bui Thi Diem Thuy) jumped down and his right arm hit the left arm of Officer Danh once. At the same time Mr Nguyen Duc Nha asked Mr Nguyen Vu Tam and Mr Vo Van Buu to produce registration papers, but the 2 men refused to comply and together with the group said condemning things towards the officers, swearing and yelling loudly. At this time, the locals were upset at the behaviours of these people and their disregards of the laws so they gathered to watch, Bui Thi Minh Hang and Nguyen Thi Thuy Quynh continued to yell at the police " Police are robbers", " Police stops people to rob their belongings", " Down with the Communism", " Down with the local government" and yelled at the locals calling them " stupid people". Bui Thi Minh Hang yelled loudly and with the others asked Tam and Buu not to comply with the orders and disregard the officers. At that time, about 700 locals had gathered to watch causing complete disruption of the traffic, so that cars can not get through along the road DH67B, traffic was backing up as far as 500 m. Due to lack of personel, the Group called the Chiefs at Lap Vo Police, asking for back ups to help resolve the problem. After receiving the call for help, Lap Vo Police sent forces to come to the site but the people are still yelling loudly and putting the officers so the Police proceeded to arrest them all and took Minh Hang, Quynh and those related to the Lap Vo Police station. By 12:30 pm, order was restored.
At the Department of Police of Dong Thap Province, the accused refused to sign the forms admitting to their crimes, the forms detailing evidenced obtained, the forms detailling what had happened and the questionaire... at the same time they did not answer questions truthfully, did not admit to their crimes, but with the information and evidences obtained, the Department of Police of Dong Thap Province were able to prove their crimes as stated above.
II/ EVIDENCES, INFORMATION OBTAINED
* Obtained at the site:
1/ One panel made of yellow fabric, printed in red, size 1.4 m x 56 cm with the words " Protesting Police Thugs Arresting People Not According To The Laws "
2/ One panel made of yellow fabric, printed in red, size 1.4m x 50 cm with the words " We Request The Laws To Deal With Police Thugs As Example For The People"
3/ One banner made of yellow fabric, printed in red, size 1.4m x 56 cm, with the words " The People Can Not Pay Tax To A Lawless Government "
4/ One Ipad colour black and white, connected to Viettel, locked, can not check quality and sealed.
* Obtained from searching Mr Vo Van Thanh Liem:
1/ One banner made of yellow fabric, printed in red, size 1.4m x 50cms, with the words " Protesting those Communist Police who broke the altar of Supreme Spiritual Leader Huynh"
2/ One banner made of yellow fabric, printed in red, size 80cms x 50 cm, with the words " We Strongly Protest Against Police and Communists Terrorizing And Insulting Religions"
* Obtained from searching Bui Thi Minh Hang:
One mobile phone Iphone, Model A1332 EMC 380BFFC ID: BCG-E238B IC: 579C-E2380B. Used mobile phone, did not check the quality of the phone.
III / SUMMARY AND RECOMMENDATION
This is the case of " Disrupting Public Order ", of the accused Nguyen Van Minh, Bui Thi Minh Hang, Nguyen Thi Thuy Quynh directly committed. Those accused had gathered at Quang Minh Tu Pagoda ( in the area of Cho Moi District, An Giang Province ), preparing the banners and the wordings, with the aim to go to Lap Vo District, Dong Thap Province to disrupt public order there. When the group traveled to road DH67B in the area of Hamlet An Quoi, Ward My An Hung B, Lap Vo District, Dong Thap Province, the motorbikes driven by Nguyen Vu Tam and Vo Van Buu were traveling in three causing disruption to the traffic ( the 3rd person travelling on the inside, unknown name, did not violate any laws ), they had violated rule B, part 2, Rule no 6 ND 171/2013/ND-CP of the traffic laws, so the Patrol group stopped them to check papers. At that time, the whole group stopped, Tam and Buu refused to comply to the orders, the accused Minh jumped off the bike, rushed over to use his hand to beat up Officer Thai Hoang Danh. Hang, Quynh were yelling and swearing loudly, provoking those around disrupting the work of the Patrol group, causing disruption to the traffic, disrupting public order for a long period of time. The above behaviours are dangerous to the society, directly affecting public safety, affecting the rules and laws, affecting people traveling, also had fought back against the acting officers... at the same time causing bad influences to the safety and orders of the local area. Therefore, it its necessary to severely punish the accused according to the criminal laws to threaten, educate and preventing similar incidences, for the common good of the society.
With the others Vo Van Thanh Liem, Vo Van Buu, did not violate any criminal laws therefore they were fined an administrative fee only by the Department of Police Investigation of Lap Vo District as a warning and a form of education.
After the incidence, the Department of Police Investigation decided to charge Nguyen Van Minh with the crime " Resisting police performing their duties ", but during the investigating procedures, the Department of Police Investigation of Dong Thap District found that the accused Minh had beaten up the police officer who was trying to restore order, so that the Department decided to change the charge from " resisting police performing their duties " to " disturbing public order ".
According to the statements obtained from the witnesses, the statements from those involved.. together with the evidences obtained as listed above, the Department of Police Investigation of Dong Thap Province have enough evidences to come to the conclusion that :
The accused Nguyen Van Minh, Bui Thi Minh Hang, Nguyen Thi Thuy Quynh had committed the crime " Disturbing public order ", according to the law no 245 of the Criminal Laws of the Social Republic of Viet Nam, which had been changed and added to, and is valid from the date 01 Jan 2010.
* About the evidences obtained: 5 banners being the evidences of the case, suggested to be taken away and destroyed.
- Continue to hold the Iphone and Ipad of the accused Bui Thi Minh Hang to ascertain the proceed of the case at a later date.
IV/ DETAILS OF THE ACCUSED
1/ Name: Nguyen Van Minh, YOB 1980
- Registered address: Hamlet Phuoc Hoa, Ward Phuoc Hung, An Phu District, An Giang Province.
- Address: as above
- Education: 5/12
- Occupation: sales
- National: Viet Nam. Ethnic Kinh, Religion: Hoa Hoa Buddhism
- Father: Nguyen Van Beo. Mother: Nguyen Thi Lan
- Wife: Bui Thi Diem Thuy, Children: Nguyen Thanh Tinh ( YOB 2004 ) and Nguyen Ly Tinh ( YOB 2006 )
- Has 3 siblings. Minh is the 2nd son.
* Summary of activities:
From 12 years of age living with family in ward Phuoc Hung, An Phu Dist, An giang, went to school to year 2 then quit to help family, got married and lived in the area until now.
* Previous charges: nil
Arrested on the 12th Feb 2014, currently jailed at the temporary jail at Dong Thap Police Department.
2/ Name: Bui Thi Minh Hang, YOB 1964
- Registered address: 106 Le Hong Phong, Ward 4, Vung Tau City, Ba Ria Province - Vung Tau.
- Address: 106 Le Hong Phong, Ward 4, Vung Tau City, Ba Ria Province - Vung Tau.
- Education: 10/10
- Occupation: nil
- National: Viet Nam. Ethnic Kinh, Religion: nil
- Father: Bui Sy Ky. Mother: Pham Thi Hoan
- Ex Husband: Dang Hai Nam ( divorced 1991 ) Current husband: Tran Phan Duc. Children: Dang Thi Quynh Anh ( YOB 1986 ), Tran Bui Trung ( YOB 1991 ), Tran Bui Nhan ( YOB 1993 )
- Has 4 siblings, Hang is 2nd daughter.
* Summary of Activities:
- From birth to 1981: lived with parents at 15 Pho De Nhi, Ward Son Tay, Ha Noi.
- From 1981 to 1985: Studied at the School of Light Industry, Nam Dinh city.
- From 1986: looking for employment, stayed at 36 Hang Bo, Hoan Kiem Dist, Ha Noi.
- From 1987 to July 1990: worked at the Wool Factory in Yephozepek ( Old So Viet )
- From 1990 to 1993: housewife, lived at 3/6 Nguyen An Ninh, ward 6, Vung Tau City, Ba Ria- Vung Tau
- From 1993- 1995: lived at 34 Ba Huyen Thanh Quan, ward 4, Vung Tau city, Ba Ria - Vung Tau
- From 1996 to Sept 2001: lived at 69B/40/6 Le Hong Phong, ward 7, Vung Tau city, Ba Ria - Vung Tau
- From 09/2001 to now: lived at 106 Le Hong Phong, ward 4, Vung Tau city, Ba Ria - Vung Tau
* Previous charges:
- Criminal charge: 1993, the People's Court of Ba Ria- Vung Tau gave 12 months suspended jail term plus 24 months behavioural bond for violating the law of one wife one husband.
- Other charges:
+ 28/11/2011 taken to the Thanh Ha Education Centre, at Vinh Phuc, according to the Decision no 5225/QD-UBND, dated 08/11/2011, of the Chief of the People's Committee of Ha Noi for: disturbing public order. 29/04/2012 releaved from staying there for the remaining time in the Centre.
+ 02/04/2013 The Department of Police of Hai An Dist, Hai Phong City fined 750.000 dong ( seven hundred and fifty thousands dong ) for disrupting public order.
+ 23/09/2013 The Department of Police of ward 1, Vung Tau City fined 1.650.000 dong ( one million six hundred and fifty thousands dong) for disrupting public order, for speaking and acting with condemnation towards the officers on duty but not yet severe enough to be charged with criminal offence.
Arrested on the 12th Feb 2014, currently temporary held at the Temporary Jail at the Police Department of Dong Thap Province.
3/ Name: Nguyen Thi Thuy Quynh, YOB 1986.
- Registered address: 544/10 Lac Long Quan, ward 5, District 11, Ho Chi Minh city.
- Address: A22/9B3 Highway 50, Group 37, Hamlet 1A, Binh Hung District, Binh Chanh Province, Ho Chi Minh city.
- Education: 11/12
- Occupation: sales, helping in the family business.
- National: Viet Nam. Ethnic Kinh, Religion: nil
- Father: Nguyen Viet Ky. Mother: Tran Thuc Anh
- Husband: not yet
- Family: 4 siblings, Quynh is the eldest daughter.
* Summary of activities:
From 12 years old living with family at District 3 HCM city, went to senior high school, 2005 worked as baby sitter at Viet My Childcare Centre, Dist 5 HCM city, to 2009 works as housewife, baby sitting and helping with the family business.
* Previous charges: nil
Arrested on the 12th Feb 2014, currently temporary held at the Temporary Jail at the Police Department of Dong Thap Province.
All 2 above committed the crime "Disturbing public order", according to the Rule no 245 Criminal laws of the SR of Viet Nam, been changed and added to, and valid since the date 01 Jan 2010.
IV/ DECISION
Forwarding this conclusion report of the investigation, with all the files, evidences of the case to the People's Procuracy Office at Dong Thap to recommend charging the accused Nguyen Van Minh, Bui Thi Minh Hang, Nguyen Thi Thuy Quynh, with the personal details and criminal activities as above.
Chief of the Police Investigation Department
Colonel Le Van Be Sau
Copies to:
- The People's Procuracy Office at Dong Thap
- Lap Vo Police Station
- The Accused
- Saved documents
Translated by
