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Lifer’s sentence suspended when real culprit turns himself in

Lifer’s sentence suspended when real culprit turns himself in

Tuesday, November 05, 2013, 12:26 GMT+7

After 10 years of serving a life sentence for murder, a 52-year-old man’s sentence was suspended after the real perpetrator handed himself in to police, under a decision of the Supreme People’s Procuracy. The decision was issued on Monday, November 4, by deputy head of the Supreme People’s Procuracy Le Huu The, under which the life sentence given to Nguyen Thanh Chan on murder charges in 2004 is suspended. The same day, head of the Supreme People’s Procuracy Nguyen Hoa Binh signed another decision to protest the verdict on Chan. Under these decisions, Chan was discharged from prison the same day to reunite with his family. Meanwhile, the real killer, Ly Nguyen Chung, 25, also in Viet Yen District, will be tried on November 6, 2013. Chan, a native of Bac Giang Province’s Viet Yen District, has spent 10 years in prison after receiving the sentence after a trial in March 2004 and then at the appeal hearing in July the same year. According to a notice of the Procuracy, police in Bac Giang summoned Chan for questioning on August 30, 2003 regarding a murder and robbery case in which a woman was killed on August 15, 2003. Police detained Chan for investigation.  

Locals in Me Hamlet, Nghia Trung Commune, Viet Yen District, Bac Giang province welcome the return of Nguyen Thanh Chan who was set free on November 4 (Photo: Tuoi Tre)

On December 3, 2003, police indicted Chan for killing the woman and asked the provincial People’s Procuracy to prosecute him for murder charges.

On February 10, 2004, the prosecutor’s office issued an indictment on Chan and on March 26, 2004, the provincial People’s Court opened a trial for Chan, sentencing him to life imprisonment.

Chan appealed the sentence, affirming that he was innocent. He said he was forced by investigators to falsely plead guilty to killing the woman.  However, at the appeal hearing, the Supreme People’s Court in Hanoi upheld the life sentence.

During the past 10 years in prison, Chan always said he was innocent and the prison management sent his petition to the Supreme People’s Court and Supreme People’s Procurary for consideration. Ngueyn Thi Chien, Chan’s wife, also lodged a petition asking competent agencies to reconsider the verdict on her husband.

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Nguyen Thanh Chan (C) contacts his neighbors after he was released on November 4 (Photo: Tuoi Tre)

In her petition of July 9, 2013, Chien pointed out that the real murderer is Ly Nguyen Chung, 25, also in Viet Yen District, not her husband.

Police then questioned Chung’s step-mother and brother and both confirmed with police that Chung was the killer.

Based on the allegation, police launched an investigation and called on Chung to hand himself in to police if he killed the woman.  After months of hiding in different locations, including China, on October 25, 2013, Chung presented himself at the police office of Krong Nang District, Dak Lak Province, and pleaded guilty to killing the woman, Nguyen Thi H., to steal two rings and VND59,000 (US$2.8). After his confession, the Supreme People’s Procuracy, the Supreme People’s Court, and the Ministry of Public Security reached a common decision that Chan’s life sentence must be reconsidered.  

A press briefing held on November 4 by the Supreme People’s Procuracy to announce the decision on suspending the life sentence on Nguyen Thanh Chan (Photo: Tuoi Tre)

They then reported the special case to President Truong Tan Sang, who later ordered that the case be retried to punish the killer and protect the legitimate rights and interests of the innocent. The President also requested that anyone who committed wrongdoings that led to the wrong sentencing be held responsible for their faults.  Based on these instructions, the chief judge of the Supreme People’s Court has decided to open  a rehearing for the case on November 6, 2013. "I felt as if I was born again,” Chan said after being released from the prison. “During the past 10 years in prison, I always hoped that I would be vindicated one day.”   Meanwhile, investigators said that since Chung committed the crime when he was only 14 years old, he will be given a sentence intended for minors.

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