On the morning of 14/9, the Hanoi People's Court is expected to announce the appellate verdict in the case of abuse of power while on duty, involving Ms. Binh and former accountant Pham Minh Nguyet.
Ms. Binh received a three-year prison sentence from the first-instance court, while Ms. Nguyet received a 24-month suspended sentence. Both appealed, requesting to be acquitted.
Ms. Binh was accused of collecting tutoring fees exceeding the ceiling set by Decision 22/2013 of the Hanoi People's Committee.
Following the first-instance trial, a representative from the Ministry of Justice confirmed that Hanoi's Decision 22/2013 was inappropriate in setting a "price ceiling" for tuition fees. This is because a Circular from the Ministry of Education and Training, a higher-ranking legal document than Decision 22, allows parents and schools to agree on these fees.
Currently, the Hanoi People's Committee has completely revoked Decision 22/2013.
During the appellate hearing, these legal documents were again subject to questioning and debate to determine if they could be used to convict Ms. Binh.
The Ministry of Justice representative maintained their stance. However, the Hanoi People's Committee representative was uncertain whether the issuance of Decision 22, which imposed a tuition fee ceiling, was correct. The representative requested more time to seek written opinions from leaders.
During more than eight hours of defense, the eight lawyers for the former principal argued that the Ministry of Justice's conclusion held absolute legal value, and the Hanoi People's Committee only needed to comply. Re-consulting the Hanoi People's Committee was deemed unnecessary.
They also stated that the damages in the case, as well as the affected parties, had not been definitively determined by the investigative agency.
Parents claimed that they and their children were aware of and agreed to the fee levels, thus arguing there was no damage.
At the appellate hearing, the former principal brought two handbags and a suitcase full of documents, spending significant time defending herself and debating. However, the trial panel had to recess multiple times as she lost composure and required medical assistance.
Defendant Binh stated that the decade-long pursuit of the case had eroded her and her family's spirit, and therefore hoped the court would deliver a just and humane verdict. She described judges as having a "dangerous but noble" profession, appealing to the compassion of those holding the scales of justice.
The Hanoi People's Procuracy maintained its stance, pointing out seven unclear issues from the first-instance trial, suggesting the verdict be overturned for re-investigation.
According to the prosecution, Ms. Binh and accountant Nguyet "showed signs of criminal activity," not only in the collection amount but also in the expenditure management mechanism, with many unclear items.
The Procuracy stated that even if fees were collected correctly, improper expenditure still constitutes a violation.
Thanh Lam
