Thursday, November 22, 2012 14:12 PM (GMT + 7)
The decision states that further clarification is needed to provide a sufficient legal and scientific basis for assessing the error of the performance driver in the upper secondary that four dead people leave.
As reported on November 21, the leaders of the Public Courts in Hanoi made the decision to respond according to their order; chief judge of the appeal sentence of the Thai Nguyen People Court. death
High-ranking Courts of People in Hanoi clarified the decision to make an appeal to stop banning the road casualties causing 4 deaths. Picture: PHAT PHANE
According to the decision making of objections, the leaders of the Higher Courts of Hanoi requested the critical panel of High Courts of People in Hanoi to investigate a cassation in relation to & # 39; Elimination of taxes the second case of Thai Nguyen People court for inspection. , re-tried.
The appeal states that the Appeals Court has confirmed that Le Ngoc Hoang (a trick driver) has committed an offense when the road is not being dropped and does not. guarantees safe distance. However, to have a full legal and scientific basis for a comprehensive, indirect evaluation of the driver's crime, more clarification is needed.
In particular, the first point of the car and the Innova car must be clarified, this is an important foundation to determine the distance between the two cars when the crash and the car crash. Distance when the driver hit the brake. To determine the degree of error of the parties.
Illustrate the time in which a & # 39; trailer training trailer control signal signal, position to & # 39; Vehicle on the scene, what causes the signal of the control device on walks.
According to the Ministry of Public Crime Criminal Justice Institute evaluation, the time lost is 52 seconds, as the loss of time when the cars are caring and car crash Innova, depending on scientific analysis, What's the speed of the search?
Also, the driver of Le Ngoc Hoang must be found along with features on the map of the scene, a speed data page to find out how many meters of cars Innova, the driver Hoang van breke, move a line? Before making a decision about moving paths, the driver driver must plug, turn on the road or not. When the driver hit the killing of a bracket, the car distance was turned to Innova how many meters were there?
It is essential to clarify the speed of the tractor, the weight of the vehicle and the amount of material that is loaded by the car, when the driver hit the brake brake, the tractor can run more meters to stop tur.
Le Ngoc Hoang airport port driver said he was happy to hear the decision of the High Court leader in Hanoi. Picture: PHAT PHANE
In addition, the conclusions of the Criminal Science Institute, the Ministry of Public Security, which have been shown during the war between two cars, Innova cars have been launched; run back. However, analysts have not explained the Innova distance back, without being sure when the Innova car started, the location of the car on the site map, supporting him how long & When the car is at the Innova, the position of a car is opposite the line just or a knot?
In another movement, Vu Thi Thuy (wife of Le Ngoc Hoang) said, after they had been informed by the leaders of senior People's Courts in Hanoi to sign the decision to do it; complaint case according to cassation modes. My family is very happy.
According to Thuy, although the outcome of the case is related to her husband, they would like to thank the head of the High Court in Hanoi to listen to her husband and family's opinion.
Thanksgiving truck also thanked colleagues, lawyers and the people who were with her and supporting her family at this time.
How does the shutdown process happen?
In accordance with the provisions of the Criminal Procedures Code in 2015, the judgments and decisions of the courts sent to law will be judged according to cassation modes when one of the following features is: – the courting of the court is inconsistent with the situation of the case; There is a major breach of the procedure in the investigation, complaint or judgment that will cause bad mistakes in the resolution of the case; There are real mistakes about the lawsuit.
Within 4 months From the date the complaint file was received along with the case file, a & # 39; court capable of review prevents. The casing panels must consider the whole case, not just what is in the # 39; complaint.
Sovereignty of cassation: Three judges at the Judgments Committee of Processing High Courts have judged legal judgments or conclusions of Courts of People and Area Public Areas within the jurisdiction of the border.
In cases where the complex issues or judgments or conclusions are scrutinized by the Judgments Committee of High Courts of Higher Persons with the Trial Panels, which include three judges but not was agreed by her & # 39; voting, The cassation inspection will be at the High Courts Judgments Committee.
On review banned At least two thirds of the total numbers of members are present at High Court Court Judgments and will be dominated by the Chief Justice of the Courts of People.
A full Council decision of the Judgment Committee must vote with more than half the members; If there are no more than one member of the Board's Appeals Board, the target will be suspended. Within 30 days of the date on which the decision has been made to suspend their lawsuit, the panel of judges must open the lawyer.
The potential of the Cassation Review Panel is comprised of: Not to accept the & # 39; complaint and the execution of a legal judgment or decision under legal law; protest against Abolishing judgments and conclusions that can be legally enforced and maintain legal judgments or decisions of first-case courts or appoint convictions or amendments against law; Abolishing judgments or conclusions that may be legally applied for review or re-trial; Deleting birth and / or decisions that have already taken a legal impact and terminating the issues; In order to accept the legal statements or decisions that have already been a legal impact or stop the cassation review.
The Higher Courts have signed a name to the cascade appeal and the judge's court's judgment, the coordination of an additional investigation returned to attack the vessel …