Cry for help rang out and people are all trying to focus extinguish it. But with an approximately 900 liters of gasoline is flowing around in the new economy in the poor mountainous areas, Nam Ma, Sin Ho, Lai Chau, it’s the almost impossible. In just 15 short minutes 06 houses were swept away ,which is the total effort savings after the many years that poor people have been.
Trinh Thanh Quyen was arrested immediately after the fuel tank to act combustible for the victims, including : Nguyen Van Ngoc, Nguyen Trung Ha, Pham Hong Van, Pham Van Loat, Nguyen Van Thanh Nam and Nguyen Nhu Dung. Agencies investigating criminal prosecution for the crime Trinh Thanh Quyen: "Unintentionally causing serious damage to property" under Clause 2, Article 145 of the Criminal Code.
Lawyer Nguyen Minh Long Dragon Director of the Hanoi Bar Association after receiving an invitation to defend 06 households
At the trial court against the defendant's testimony, as well as people involved Trinh Ngoc Quy and the testimony of those involved at the police. Fire was caused by gas explosion, a huge amount of fuel be stored on fire at Mr Quy home. Cause of the fire is so the subjective Trinh Thanh Quyen about their acts while doing welding work items. Fires happen unexpectedly to all households around his house Mr. Quy, a short time, the entire amount of oil flowing out from family Mr. Quy and the surrounding incendiary, all assets of the 07 households to ashes in a flash, all all the witnesses can not seem to imagine the power of such overwhelming, almost just in time to evacuate people to escape the fire, but without knowing what to do with saving the property for a long time.
Lawyer Nguyen Minh Long completely agree with the prosecution's Procuratorate on charges of Trinh Thanh Quyen, on charges of "Unintentionally causing serious damage to assets" under Clause 2, Article 145 of the Criminal Code, by the following reasons :
+ Cause of the fire was caused by Mr.Trinh Thanh Quyen not careful at work welded items.
+ The defendant also attempted to extinguish the fire, but fire is very fast and strong, can not be extinguished
However, on the indictment of the Procuracy, the happenings at the trial, the lawyer's opinion think :
Firstly, the fire occurred in the afternoon on 04/05/2011, but to day 05, 06/05/2011, Trinh Thanh Quyen defendant has not confessing. On 07/05, Trinh Thanh Quyen defendants still crooked deny guilty ,Mr Quyen just come to present the request of the investigating authorities, there is no sign of confessing. So, on the extenuating circumstances for the accused should be considered.
The second, when the incident occurred Trinh Thanh Quyen defendants do not have any action expressed willingness to overcome the consequences of criminal acts that have caused. The payment of Mr Quy remedial can not be the basis for mitigation of the accused guilty Trinh Thanh Quyen under subparagraph B paragraph 2 of Article 46 of the Penal Code, because Mr. Quy's not caused the offenses, by requests dated 16/06/2011,he just wants to support to resolve things in a gentle way.
So, on the extenuating circumstances for the accused should be considered very thoroughly. Hope you seriously trial on the criminal liability of the accused
The civil :
+ Causing serious damage to the property of the adjacent houses in the conclusion of asset valuation losses of 6 households is 10.861.202.190 VND.
Lawyer Nguyen Minh Long suggested the trial panel determined Trinh Ngoc Quy is the responsibility of individual business owners - was the directly related to the case.
The petrol and oil trading, must meet the requirements as stipulated in Decree No. 84/2009/ND-CP dated 15/10/2009 on the petroleum business. However, based on the case files, lawyers Long see Mr Quy did not meet the full requirements of the petrol and oil trading, not licensed by the Department of Industry and Trade issued under the provisions of law. Proposal the court to clarify the matter, recommended the settlement authorities as prescribed by law.
After the fire occurred, the cause of petrol explosion from his business, but Mr Quy had not done anything to encourage the spiritual and material for the victims, while the fire burned all the assets within seconds, but as of this time, the victims families do not receive any support from family Mr Quy. Maybe Mr Quy think the fire was caused by his son, so the entire responsibility will bear by his son and not related to his
Based on the testimony of Mr. Quy (the book of records of 88) dated 21/04/2011 for personal reasons in Nam Dinh, so should Mr. Quy have assigned to his son is Trinh Thanh Quyen directly in charge of the shops and business outlets.
Pursuant to the book of records of 66, 68, 70, Trinh Ngoc Quy was the named in the papers relating to the petroleum business. So Mr Quy is the individual business owners.
Based on the testimony of Trinh Thanh Quyen in the investigation agency business in the petroleum business by the father is the owner and permit holder - the book of records 384 days 08/05
Petrol and oil is the source of extreme danger. However, the behavior of Trinh Thanh Quyen has caused particularly severe damage to property, so need to be jointly responsible for civil compensation to families of victims between Mr Quy and the accused pursuant to the provisions in Resolution No. 03/2006/NQ-HDTP dated 08/07/2006 guiding the SPCJC compensation outside the contract, as follows:
At Point 1, Section III Resolution: To identify sources of extreme danger, including gasoline.
At Point 2, Section III: Determination of liability for damage caused by sources of extreme danger caused:
As prescribed of Civil Code 2005 (based on articles 604, 605 - Civil Code 2005)
Based on the the testimonies at trial are consistent with the book of records as cited above. The defendant is the person assigned to look the store , not to possess and use, Mr. Quy is the individual business owners, is the possessor directly. Lawyers suggest Procuracy agrees with the opinion of Attorney, Lawyer Long proposal Court on charges of civil liability for Mr Quy to have joint responsibility for compensation for the families lost their damage.
Representatives for six families affected, the conclusion by the valuation of assets of the Council on 28/06/2011, the property valuation councils Sin Ho district proposal and accused Mr Quy compensation, the total value of of property for damage caused by to unintentional fire Mr. Quy's family was 10,861,202,190 VND.
Hoang Trung Ha 1.853.052.390 VND
Nguyen Van Thanh Nam 1.238.159.000 VND
Nguyen Van Ngoc 4.922.072.000 VND
Nguyen Nhu Dung 342.647.800 VND
Pham Van Loat 1.221.787.000 VND
Pham Hong Van 1.272.984.000 VND
Once listening Enquiry and confrontation at trial, of the victim, the defendant, represented the procuracy and defense lawyers trial panel decision
This is a case of serious damage to property and cause loss sense for very large households. So in the testimony as well as to clarify the case of the people involved, the court to return all records of Mr. Tung to check agencies investigation.
The trial ended
DRAGON LAW FIRM
LAWYER NGUYEN MINH LONG