At the appeal hearing of the case related to Van Thinh Phat Group on November 26, when giving her final statement, defendant Truong My Lan asked the court for a special mechanism with the above content.
Defendant Truong My Lan expressed her desire to remedy the consequences by paying off her debt to the State Bank, refunding people who bought bonds, and contributing the remaining assets to community projects. Defendant Lan shared unfinished plans, such as building international hospitals, schools, social housing, and developing basic infrastructure.
Anyone who honestly admits their guilt and wants to remedy the consequences of their actions is worthy of recognition. However, the law imposes punishments according to regulations, and reducing sentences cannot be emotional, and cannot be based on promises, but on the circumstances prescribed by law.
No defendant has a "special mechanism", before the law everyone is equal, the only yardstick to measure is "the law".
Speaking his final words in the trial of the Xuyen Viet Oil case on November 26, defendant Le Duc Tho also hoped that the authorities would consider applying the "most special leniency policy" of the Party, State and law, so that he would have the opportunity to soon return to rebuild his life and continue to contribute to society.
The Penal Code has provisions that reflect a lenient policy, with the aim of giving criminals a chance to rebuild their lives. Leniency before sentencing includes the following forms: Exemption from criminal prosecution, suspension of sentence, exclusion of criminal liability, and reduction of punishment.
The "most special leniency policy" as requested by defendant Le Duc Tho, does not know which of the above cases it falls under. Could it be exemption from criminal prosecution or a suspended sentence?
Another special case, also having the final say, defendant Mai Thi Hong Hanh - former Director and Chairwoman of the Board of Directors of Xuyen Viet Oil, asked to accept additional charges and a sentence of 6-7 years in prison that the Ho Chi Minh City People's Procuracy had proposed for Nguyen Thi Nhu Phuong - former Deputy Director of Xuyen Viet Oil - because Phuong only followed her instructions.
This is a "special case", asking to accept someone else's sentence because he took responsibility for it.
In some ways, Mai Thi Hong Hanh has courage, dares to do and dares to take responsibility. But the law is not a matter of "outside society". If Nguyen Thi Nhu Phuong did not violate the law, the court would have acquitted her. When a crime is committed, the offender must accept the punishment, there is no such thing as taking responsibility for the crime. That is not punishing the "right person".
If one can take responsibility for a crime, what is the law? The saying "right person, right crime, right law" must be thoroughly understood to see the civilization of the law.
