On 17/9, the Khanh Hoa Provincial People's Court, Region 4, granted Kiet a one-year reprieve from his prison sentence due to his family's financial hardship. He is the sole provider for his family, qualifying him for a reprieve under Article 67 of the 2015 Criminal Code. Ninh Hoa Ward People's Committee, where he resides, will supervise him.
According to the ward's People's Committee, Kiet is the primary breadwinner, lives in rented housing, and his family faces financial difficulties. He works as a painter, while his wife stays home to care for their two young children. The couple had been living a happy and stable life for years. However, their financial situation worsened after Kiet's indictment.
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Tran Huynh Kiet with his wife and two young children at their rented home in Ninh Hoa Ward. Photo: Hoang Sao Mai |
Tran Huynh Kiet with his wife and two young children at their rented home in Ninh Hoa Ward. Photo: Hoang Sao Mai
In March, Kiet was tried by the Ninh Hoa Town People's Court (now the Khanh Hoa Provincial People's Court, Region 4) for having sexual intercourse with a person between 13 and 16 years of age, under Article 145 of the Criminal Code. His 19-year-old wife was the victim in the case. Kiet and his wife are now married with two children, ages three and one.
According to the initial verdict, Kiet, then 21, began a relationship with his 15-year-old girlfriend in 1/2021. She moved in with him after becoming pregnant in 4/2021, with the consent of both families. Their first child was born in early 2022 and their second in mid-2024.
In 5/2024, Kiet and his girlfriend went to the Ninh Hiep Ward People's Committee (now Ninh Hoa Ward) to register their marriage. Two months later, the police discovered that she had given birth to their first child before turning 16 and reported the crime to the Ninh Hoa Town Police. Kiet was subsequently prosecuted for sexual intercourse with a minor.
During the initial trial, the Ninh Hoa Town People's Procuracy (now the Khanh Hoa Provincial People's Procuracy, Region 4) upheld the indictment, recommending a three-year suspended sentence for Kiet.
Regarding civil liability, the procuracy requested the court to acknowledge the 10 million VND compensation agreement between Kiet and his wife.
The judges deemed Kiet's crime "serious and dangerous to society." As a person with full civil capacity, Kiet understood that having sex with a minor was illegal. Therefore, he needed to be separated from society for a period of time "to serve as a deterrent, educate, and prevent similar crimes."
"The 10 million VND Kiet paid to his wife occurred after they were married. This payment is considered joint property and cannot be a mitigating factor," the initial verdict stated, sentencing Kiet to three years and six months in prison.
Kiet and his wife appealed for a reduced sentence and a suspended sentence. On 30/7, the Khanh Hoa Provincial People's Court held an appellate hearing and reduced Kiet's sentence to three years, considering the compensation he paid his wife as a mitigating factor. The verdict is now final.
'Crime committed due to lack of legal understanding, seeking leniency'
Following the appeal, Kiet and his wife petitioned the Khanh Hoa Provincial People's Court, Region 4, for a postponement of his sentence. They also petitioned the Supreme People's Court for a judicial review of his case.
Kiet argued that the appellate court only addressed the compensation but not his request for a suspended sentence. "If I have to serve three years, I can't work and care for my family, leaving my wife and children in a more difficult situation," Kiet explained.
Kiet's wife expressed her distress over the situation and pleaded with the authorities for leniency, attributing their actions to their "limited legal understanding."
She expressed faith in the law's leniency and requested the Supreme People's Court and Supreme People's Procuracy to consider a judicial review, allowing the Khanh Hoa People's Court to retry the case and grant Kiet a suspended sentence.
Bui Toan