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
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