On 24/4, the Investigation Agency of the Supreme People's Procuracy issued an indictment against Phan Thi Truc Ly, former Deputy Chief Prosecutor, and Le Phong Canh, former Prosecutor of the People's Procuracy of the former Tra On district. They are under investigation for the crime of "failure to prosecute a criminal" under Clause 2, Article 369 of the Penal Code.

Initial investigations determined that Ly and Canh were assigned to exercise prosecutorial authority and oversee the handling of criminal information related to a traffic accident. This accident occurred on 9/4/2024, on provincial road 901 in Vinh Loi hamlet, Vinh Xuan commune, Vinh Long province, resulting in the death of a 14-year-old female student.

Investigations identified driver Nguyen Van Bao Trung's "unsafe overtaking" as the primary cause of the accident. However, procuracy officials "agreed with police officers of the same level" not to initiate criminal proceedings for investigation and legal action.

For the same charge, the Investigation Agency of the Supreme People's Procuracy had previously indicted Le Quoc Viet, former Deputy Head, and Nguyen Quoc Khanh, former investigator of the Investigation Agency of the former Tra On district Police.

The scene of the accident that killed the female student, 4/9/2024. *Photo: Local residents provided*

According to the Supreme People's Procuracy, driver Trung committed violations in the accident on 4/9/2024, in Vinh Xuan commune, Tra On district. He drove a truck, overtaking another oto that was moving slowly ahead in the same direction and parked on the right shoulder. At that moment, two electric bicycles approached from the opposite direction, one carrying the 14-year-old student and her friend.

Seeing Trung's oto encroaching almost the entire lane, one electric bicycle braked sharply and stopped close to the right shoulder. This incident caused the 14-year-old student's electric bicycle to collide with the back of her friend's bicycle, which was ahead. After the collision, her bicycle fell to the left, and the 14-year-old student fell onto the road, where she was run over by the front left wheel of Trung's oto and died.

The Supreme People's Procuracy assessed that driver Trung's actions constituted "driving an oto to avoid or overtake another vehicle unsafely, with an obstacle ahead and oncoming traffic." This violated Point a, Clause 5, Article 14 of the 2008 Road Traffic Law. Driver Trung showed signs of committing the crime of "violating regulations on road traffic participation," according to Clause 1, Article 260 of the Penal Code.

After the incident, the Investigation Police Agency of Tra On district Police issued a decision not to initiate criminal proceedings, citing "no criminal offense." When the student's family filed complaints, the Chief Prosecutors of the People's Procuracy of Tra On district and Vinh Long province issued three decisions rejecting the complaints.

The Supreme People's Procuracy stated that these three decisions lacked sufficient legal grounds.