INTENTIONALLY CAUSING INJURY ACCORDING TO VIETNAMESE PENAL CODE

EXCUSES THAT ARE SUSPENDED Police investigation agency suspends investigating EXCUSE REPRESENTED FOR TRAN VAN SON ON INTENTIONALLY INFLICTING INJURY (Item 1, Article 104 of the Penal Code)

1. Summary of the case

About 3 PM on June 12^th 2011, at the house of Mrs. Thai Thi Dung staying in Tan Thang block, Hoa Hieu ward, Thai Hoa town, she is the mother of Tran Van Son’s wife, there was a scuffle between Mr. Vo Huy Thong with Mrs. Pham Thi Hoa (wife of Tran Van Son). Mr. Thong spontaneously blocked the common way of the village, it has been opposed by everyone in the village. Mr. Vo Huy Thong used his hand to punch Ms. Hoa's chest making Ms. Hoa faint. Mr. Son at home heard his wife was hit by Thong then he went to Hieu market - where Mr. Thong and his wife sold the goods to talk. At about 5PM the same day, at Hieu Market, Mr. Son and Mr. Thong had a fight. Mr. Son hit the right eye of Mr. Thong, Mr. Thong bite Mr. Son left hand causes bleeding. Things happen quickly, because there are many people in the market to stop the two guys, so they came their own houses.

About 7 PM, Mr. Thong to General Hospital Northwest of Nghe An for examination. The clinic has diagnosed patients with "shallow head injury". Doctors do necessary tests such as blood analysis, 4D ultrasound, XQ ... All results of screening, testing found him completely normal, so the hospital lets him go home. The next morning (June 13^th 2011) about 10 AM, Mr. Vo Huy Thong to General Hospital Northwest Nghe An to examine and receive treatment. Mr Thong was hospitalized for treatment at the department of foreign medicine directly supervised by doctor Nguyen Thanh Binh. On the morning of June 15, 2011 at 9 o'clock, when the doctor went to consult patients with congestive disease patients. Since then, he has not come back to the hospital.

Nearly 6 months later, on January 3^rd, 2012, Mr. Vo Huy Thong filed a petition to the Thai Hoa Town Police, Nghe An Township, Nghe An province to carry out procedures for inspecting injuries due to Mr. Son’s hit dated June 12^th 2011.

On January 4th, 2012, Thai Hoa Town Police Department, Nghe An Town, Nghe An province issued a decision to solicit expertise. On January 13, 2012, the Department of Criminal Techniques and Public Security of Nghe An province concludes that the infirmity rate for Mr. Thong is: right eye hemisphere, right eye neuralgia, ocular vision 2/10 , normal left eye. The damage done to him at the time of examination is 14%. Temporary disability rating.

2. The conviction point of view of the people's procuratorate

The accusation of 29/ VKS-HS dated May 28^th 2012 of the People's Procuratorate of Thai Hoa Town, Nghe An Province concluded that Tran Van Son's behavior was using his hand to punch Mr. Thong right eye. He has committed the crime of "intentionally causing injury", crime and punishment as provided in Item 1 of Article 104 of the Penal Code.

3. Result of the case

Tran Van Son case was suspended after attorney's participation at the trial stage of first instance. After questioning, at the trial, Thai Hoa Town People's Court, Nghe An province has returned the file for additional investigation, the Thai Hoa Town Police Service of Nghe An Town, Nghe An province issued a decision to suspend the case and Decision Suspension of the accused on the same day October 26^th 2012.

4. Lawyer’s recommendation

Attorney Le Thi Kim Soa sent to the bodies conducting proceedings on September 17^th 2012 to defend defendant Tran Van Son, the text as follows:

I am lawyer Le Thi Kim Soa, working at Le Tran lawyer's office in Nghe An Lawyer bar.

On August 12^th , 2012, Le Tran Lawyer’s Office received a request from Mr. Tran Van Son, resident of Tan Phu Block, Hoa Hieu Ward, Thai Hoa Town, Nghe An Province to request Le Tran Lawyer’s Office appointed lawyer to defend Mr. Son in the case "Intentional causing injury" was prosecuted by the People's Procuratorate of Thai Hoa Town under Item 1 Article 104 of the Penal Code.

After studying the case file, I wrote this recommendation to the gentleman, the agency to review the whole case in an objective and comprehensive manner. In order for you easy-to-orientate, I would like to summarize the case as follows:

After researching this lawsuit, I have some opinions as follows:

a. The case’s content

The fact that Tran Van Son and Vo Huy Thong were fighting in Hieu market on the afternoon of June 12, 2011 is true, but the extent of harm to the health of each person in this case is not really objective. Because Mr. Thong had been hit by Mr. Son, Mr. Thong did not go to the hospital immediately (if really hurt) but also stayed at home to repair car for Mr. Thanh in Tan Thanh block, Hoa Hieu ward. Thai Hoa town then went to the hospital to examine. Because his health has no problem, the hospital let him go home, on June 12^th he is normal only to the next morning June 13^th to the Northwestern Regional Hospital of Nghe An for treatment at Surgery. If the health of Mr. Thong's eyes is abnormal, then the hospital is responsible for forcing Mr. Thong to hospital and monitoring as well as if he is really painful, he can not repair the car for his friend and he never intended to run away from the hospital then receiving impact on his health and interests! The records of patients in the Northwestern Nghe An hospital is very clear: patient are rubbed scattered on the body due to beat.

About the results of the examination:

- all of the body: awake, normal speech, normal walking, normalization assessment of normal patients (benchmark 15) and the patient get 15 points;

- Surgical: rubbing in many areas, head, shoulders, chest, X-rays: no injuries;

- The agencies:

+ Circulatory: Heart rate: T1, T2 (normal heart rhythm);

+ Respiratory: Normal barrier alveoli;

+ Digestion: liver, spleen is not big;

+ kidney, urology, genital: normal;

+ Neurological: normal;

+ Ear - nose - throat, teeth - jaw - face, eyes: normal

+ Extracts, nutrition and other diseases: nothing special

- Summary of the case:

+ 41-year-old male patient;

+ Being beaten on June 12^th, 2011;

+ Do not vomit, pain in the bite.

+ Many rub marks on the body

+ Blood smear in the right eye.

Treatment direction: Pain relief, supervising

Summary of the medical records:

a. Pathology and clinical development: Patient are hit, when coming to the department, patient is sober, with some rubbing on the body.

b. Summary of laboratory results with diagnostic value: normal XQ

c. Treatments: supervising

d. Condition of patient discharge: No patient

e. Treatment guidelines and follow-up regimens: No patients.

In the nursing care card, the nurse was very specific and full and showed that the patient was not abnormal. At 9:00 am on June 15, 2011, he was not present at the clinic.

Because in the patient's medical records are recorded: eye: normal, but in the summary of medical records recorded mild haemorrhage in the right eye so the lawyer came to work with Dr. Nguyen Thanh Binh at home because dotor Binh was on leave days this period), the doctor said it was hematoma around the eyes, the skin outside, not seen in the conjunctiva, eyeball. Dr. Binh also said patient with congestive completely normal, patient did not complain of pain in the eye, no blurred vision, only slightly rub on the body so doctor did the tests, XQ and also computer screening but the patient refused to take the computer screening that patients had voluntarily abandoned.

From the initial medical records presented at the General Hospital of Northwestern Nghe An as well as the meeting with the doctor treating him and the opinions of hospital staffs, public opinion ... We notice that Vo Huy Thong only rubbed lightly on his body due to the fight with Tran Van Son, in addition he has nothing about eye. This is also reflected in:

Firstly: If Mr. Thong is in real pain, he must continue treatment in the hospital until the decision of the doctor to be out of the hospital , he can not escape himself. The general psychology of a patient is always the same, even when he is treated at the lower level and feels unhappy, he also requests referral to protect his health, not to mention the mentality of a Victims often have a tendency to "ejaculate" is to find ways to make it difficult for the victim such as prolonged hospital stay, feigning pain, doing all the unnecessary tests, asking doctors to list expensive type of drugs..., but here he does not follow the doctor's instructions is to take a computer screening, voluntarily leave ... That is absurd.

Secondly: After leaving the hospital, Mr. Thong is still normal, working normally, driving a car carrying wood on a long way ... and especially not go to medical examination or treatment at any hospital. It can not be concluded that Mr. Thong’s eye was hurt by the hit of Mr. Son on June 12^th 2011.

Thirdly: In the medical records of the Northwest Regional Hospital of Nghe An does not show the measurement of eyesight of Mr. Thong, so it can not be concluded that he is suffering from vision because of Mr. Son hit. Maybe Mr. Thong’s eye is not good before the fighting.

Fourthly: After consultation with the ophthalmologist we found the conclusion of the Criminal Technical Department and Dr. Thang from Department of Eye of Hospital Northwest Nghe An region "Neurological damage posterior "is a very general conclusion; It is very broad and evocative and the phrase is not professional but must be "Neurological damage to the eyeball." To accurately identify patients with ocular optic nerve damage, only the Central Eye Hospital currently performs MR imaging.

From the above analysis we find that:

Firstly: Mr. Vo Huy Thong's being hit by Mr. Tran Van Son only caused damage on the body (skin outside), normal health. So the rate of health damage 14% in the right eye of Mr. Thong is not grounded or rather said that Mr. Tran Van Son hit Vo Huy Thong not harm Mr.Thong's eye.

Secondly: If the conclusion assessment 27 / KL / PC54-PY January 13, 2012 is true, the result 2/10 in the right eye of Mr. Thong can not be the result of fighting with Mr. Son date June 12^th 2011 because after the fight Mr. Thong did not complain at all until nearly 6 months after the petition to determine the percentage of injuries and results in eye damage to the right to 14%? Is it objective? During the six months that Mr. Thong lived, working normally, it is likely that during that time Mr. Thong was hit or accidents or any other risks that could be thrown at him. Is that really objective if he insisted that the hurt was because of Mr. Son’s hit? Why on June 23^rd, 2011 Mr. Vo Huy Thong filed a lawsuit request to the police station of Thai Hoa Town, why does not Mr. Thong have a request for assessment? If Mr. Thong does not know this problem, then the Investigation body can guide the victim to do that procedure, but not after nearly half a year to file an application. And only when the victim is continuing treatment at the hospital, it can not be concluded the infirmity rate for the victim because of the rights of the defendant and the victims but he is not only not treated in the hospital. However, it is unacceptable to leave such a place for a long time.

Thirdly: If the afternoon of June 12^th, 2011 Mr. Tran Van Son has hit and affect the health of Mr. Thong, then he voluntarily left the hospital without following the doctor's orders. The trauma or injury due to no treatment in time, unclean hygiene ... makes the disease worse, the error cannot pour all to Mr. Son , it should be separated in each stage to assess new injury rate, but here the Criminal Technical Department of Nghe An Police Department did not follow that order so it can not prove the causal relationship in this case.

b. About proceedings

Firstly, according to the results of the investigation body at Dr.Nguyen Thanh Binh's home as well as in the medical records at the General Hospital of Northwest Nghe An, there were only two times that police investigations in Thai Hoa Town Police went to work in the hospital. Both times were after the results of the assessment of the health damage to victims but the record shows that Comrade Le Dinh Ha came to work with Dr. Binh in foreign surgery to carry out complications. Body traces review on the afternoon of June 13, 2011. We talked to doctor Binh, doctor acknowledged that “I only signed the content, not paying attention to the date because I was very hurry” . He was very hasty, so it was not the same as the normal signature. On the other hand, on June 23, 2011, Mr. Thong filed the petition to the Thai Hoa Town Police Police to prosecute the case. We do not know where and from what information source the investigator Le Dinh Ha was present so timely?

Secondly, in the minutes of delivery of the conclusion of the investigation (page 13) to the defendant Tran Van Son did not have any date, did not record the results of the investigation, so this is considered a wrong way of proceedings.

Thirdly, in the case filed at Thai Hoa Town People's Court, the examination file of PC54 was not available, but only a very general conclusion, namely: Eye examination - result: MP 2 / 10, MT: 9/10; MP: Neurological damage; MT: No injuries (BS: Thang - Eye surgery - General Hospital of Nghe An province) how objective it is and what is the responsibility of doctor Thang in this matter? At least there should be parts such as vision test, examining the steps, the composition of the eye at that new conclusion but because here the structures such as vitreous, cornea, retina ... outside the eye. It is not uncommon for a doctor to conclude that "post-ocular neuralgia" is so "safe" that few can cure!

From the analysis of the attorney's assessment, please thoroughly review the case objectively in terms of:

- Whether or not Mr. Vo Huy Thong harm his eyesight health of right eye to 2/10 equivalent to 14%?

- If Mr. Thong suffered health damage as the forensic examination concluded, is the causal relationship between the fight against Mr. Tran Van Son to the time of inspection nearly 6 months objective and comprehensive?

- If there is a causal relationship, it is necessary to clarify the criminal liability of Tran Van Son when Vo Huy Thong voluntarily abandoned the hospital, did not timely treatment resulting in injury rate of 14%? It can not be charged to the accused when the rate of harm to the health of the victim is caused by the subjective will of the victim.

The Penal Code 1999, click here

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