The case of teacher Le Thi Dung being jailed just because she wrongly spent VND45 million ($1,980) from the state budget, has caused a stir in social networks in the past time. The online community strongly fought for this injustice, as a result, her sentence was reduced to 15 months from five years given by the People’s Court of Hung Nguyen district in the first-instance hearing. Her reduced sentence is equal to the time they detained her, even though she was innocent.
This is an example of a kind of communist court. This court acted by order rather than bringing about justice. Given the nature of such a regime, it is not uncommon for one comrade to use the court to send another comrade to prison. In the past, people used to talk about people who were wrongly sentenced, but it seems that now there are also unjust state officials.
After the case of teacher Dung, now, the online community has stirred up a similar trial, which took place in Pleiku city, Gia Lai province. The People’s Court of PleiKu city has severely sentenced 5 officials of the Sub-Department for Quality Management of Agro-Forestry-Fisheries and Fisheries in Gia Lai province.
Accordingly, at the first-instance hearing on February 28, the People’s Court of Pleiku City sentenced 5 officers of the Sub-Department to a total of 14 years in prison; in which, Director Le Huy Toan was sentenced to 6 years; Nguyen Thi Hoai Thu, accountant, sentenced to 5 years; the remaining three people are Phan Ngoc Tien, Chu Thi La, and Nguyen Thi Thu Thao, they were detained one year ago. The total loss in this case is VND48.5 million.
The conclusion of the assessment accused these 5 people of causing “loss and damage” totaling VND48.5 million. Meanwhile, Article 356 of the Criminal Code stipulates that the consequences must be “damage” of VND10 million or more before there are signs of consequences. But the court still uses the above judicial assessment conclusion as a basis for probing, prosecution and accusation. The other signs such as “self-seeking“, “off-duty“, “direct intention“… are only qualitative, very vague, and impulsive concepts.
In fact, not only the Communist Party persecutes the people, but even within the Party, they still persecute each other. Once there is someone powerful enough to dominate the police and the courts, that person wins. From the top, the rules are the same, and so are the rules in the lower level.
In civilized countries, there are no anti-corruption committees, the task of purging embezzlers is the duty of the legal system. However, in Vietnam, the judicial system almost does not do that, but this system is used to legitimize the game of fighting each other. Even General Secretary Nguyen Phu Trong’s anti-corruption approach is the same, using the National Anti-Corruption Commission, which he heads, to weed out those he wants to exclude. Only after he had come to a conclusion about the Party, could the police be allowed to arrest people. That is, the judiciary is only a tool for top officials of the regime.
The rule of law let the legal system handle all legal issues, not the legal system following the direction of an individual. Fighting corruption with the power of the law is a sustainable way. Therefore, in democratic countries, a leader who only needs to receive a gift of a value exceeding the provisions of the law will be considered as accepting a bribe. Anyone who violates the law will be punished, without the involvement of any party. If a political party stands above the state, that country is in chaos, the law is turned into a tool, so it causes injustice.
The whole judicial system, the police sector and the prosecution agencies at all levels work as senior leaders want but do not handle them according to the provisions of the law. Officials working in the Communist state apparatus, although they hear the phrase “rule of law” all the time, they do not understand that the Communist state is not a rule of law. Therefore, they become victims of this machine themselves.
Thoibao.de (Translated)
