[PODCAST] Vụ bán gà lôi trắng còn xử phúc thẩm. Nhiều luật sư nhận bào chữa miễn phí.

Ladies and gentlemen, after the incident of a man being sentenced to 6 years in prison for selling white chicken, the online community expressed sympathy for the case, which was considered too serious and the situation of his poor family. The villagers were also concerned about his generous and generous capital. Currently, some lawyers have taken the initiative to contact him, receiving free compensation for Mr. Thai Khac Thanh in the trial. His wife is filing a complaint, please reduce the sentence.

Many people commented that the white chicken, no matter what it is, is not as important as a human being. The community and people agree that the case is reasonable. However, with the provisions of the law, is this case feasible?

Let's listen to the deep discussion right after this. Don't forget to like, subscribe to the channel and share to support us. Thank you very much.

Hello everyone. Thank you very much! has been charged with 6 years in prison for the act of raising and selling 13 white-chicken bodies. Yes, white-chicken. The scientific name is Lophora nycthemera. It belongs to the group IB.

Group IB, that is, a group that is seriously endangered and needs to be protected.

Exactly. Exploitation is used for commercial purposes is prohibited.

Yes, and the context of this case is also quite special. Mr. Thanh is the main worker in a family with a very difficult situation. Yes. He has to raise three children. The eldest child has just finished second grade, the youngest child is just over one and a half years old, and his mother is over 80 years old.

The situation is very serious. I heard that after he was arrested, his wife, Mrs. Nguyen Thi Oanh, had to quit her job to stay home with her children and mother-in-law.

That's right. This made the family's situation even more difficult. So the big question that many people ask is whether the 6-year prison sentence is too severe.

Uh huh.

What problems does this case raise in terms of the law enforcement, the protection of wild animals, and the character of the character? Yes. First of all, about Mr. Thanh's specific violations, he was convicted of the behavior of raising, owning and transporting a total of 13 white-collar chickens. He was arrested and executed when transporting 10 chickens to sell. After that, he was still in charge of inspecting the house and collecting 3 more chickens.

And the result is that he was releaseditted according to Article 2, Article 244 of the Criminal Code of 2015 amended and supplemented in 2017.

The sentence is from 5 years to 10 years.

So, the 6 years of imprisonment that the judge tried

is within this sentence.

Yes, it is. But the interesting thing here or rather a very important detail is the origin of these chickens.

Ah, that's right. What's the story behind Thanh's story?

Thanh told me that in 2022, he bought three adult white-tailed chickens from another person, not himself, to go to the forest to hunt. What's the purpose? The purpose is to breed, raise them, produce, sell, earn more income improve the family's economy. Because the situation is too difficult.

Ah, I see. Buying and raising the herd at home is not directly hunting from the wild.

Yes.

This action is different in nature than, for example, a person going to a wild to set up a trap and directly shoot an animal. The act of raising the herd at home, although it violates the law because there is no registration,

it does not cause immediate and direct impact on the body as a natural cause, such as the act of shooting.

So, in terms of legality, is there a difference between raising a pet from a source of income and directly shooting it?

Or is it just a crime to own, transporting, and selling IPs is a crime. The Criminal Code, Article 244, focuses on the objective of raising, breeding, storing, transporting, and selling illegal animals. In other words, on the criminal charges, raising 13 white chickens without a license is already a criminal charge.

So we don't need to know where the origin comes from.

On the basis of the basic criminal code, yes. However, the source is not directly from nature. Plus the fact that he may have raised and cared for them,

these can be considered as details related to the nature and degree of the crime.

Ah.

And these details, along with other minor criminal charges, according to Article 51 of the Criminal Code, will be considered by the Court of Appeal when the sentence is determined.

I see. So, it doesn't change the name of the crime,

but it can affect the final sentence.

Yes, that's right.

And speaking of minor crimes, the family situation of Mr. Thanh is really a factor...

It's very worrying.

Yes, it's extremely difficult. He is the main worker, the only head of the family. As we said, his wife, Nguyen Thi Oanh, had to quit her job after he was arrested.

She has to take care of three children at home, they are too young. The eldest is in the second grade, the second child is probably a teacher, and the youngest is only one and a half years old.

She has to take care of her old mother, the old lady is.5 years old. And she has to take care of her old mother. Her grandmother is over 80 years old.

She has to bear everything by herself.

It's really hard and stressful.

Before this incident, what did Thanh do to make a living?

According to the family and the neighbors, he mainly worked as a farmer. Besides, he also had a hard time doing other things. He even went to sing weddings, and sold plants and birds.

He does everything to have a stable income for his family.

Hmm, a hard-working man trying to take care of his family. His absence now must have put his family in a very difficult situation.

It must be so. He lost his main source of income, and his wife had to quit her job.

Because of this situation, along and Thanh's personality, the local community's reaction was also very strong, right?

Yes, that's right. According to the press, the neighbors in Thinh Tam, Thinh Son Commune, Do Luong District, and Thai Khac Dung, the village head, all gave very good comments about Thanh.

What did they say specifically?

They all confirmed that Thanh is a kind-hearted person, living in harmony with the people of the neighborhood, not being biased, and most importantly, everyone knows that he is a very difficult person. Everyone expressed their sympathy and regret for his family's situation after he was arrested and convicted.

Yes, not only in the local area, but I also saw on social media that this case also caused a lot of controversy.

Yes, that's right. Many opinions expressed their sympathy for Mr. Thanh and say that the 6-year prison sentence is too heavy. Some people even compare it to other cases, such as economic cases, with a much higher degree of damage, but sometimes the sentence is not appropriate. Of course, each case has a different nature, it cannot be compared so simply. Certainly, but that comparison also partially reflects the general feeling of a part of the public about the severity of this case,

when put in the context of the personal circumstances of the perpetrator.

And the sympathy, the concern of the community and the public is probably also part of the reason why Thanh's family decided to appeal,

asking for a slight reduction in the sentence.

Yes, the family has filed a petition. And another notable point is that there is information that many lawyers have contacted and offered free compensation for Thanh in the upcoming trial, especially in considering the minor details.

So let's review the minor details that lawyers or families can provide to ask for a reduction in Thanh's fine.

What is the first one? The first and very basic is a good personality. Thanh committed a crime for the first time, before, he had no criminal record. This is a minor offence at the crime scene, about 1.51.

Is there anything else?

The second is his aggressive attitude, he admitted his actions. This is a minor offence at the crime scene, about 1.51.

Yes, and it must be a particularly difficult family situation.

Exactly. A criminal with a particularly difficult family situation is also a minor offense with a D-point penalty of about 1 in 51. The situation of Thanh's family, as we have analyzed, is very clear.

Three minor offenses, according to the law. What about other factors?

For example, his domestic abuse, not directly arrested.

As I said, it's not a slight reduction in the 51. However, the lawyer can argue that this is a factor that shows the nature of the danger level for the society of criminal acts is lower than the direct arrest.

That is, the danger level is lower?

Yes, because it does not directly reduce the body of the species in nature at that time.

Is raising a white-tailed it considered a factor that he was able to raise a white-tailed chicken?

Ah, this is a bit complicated. Legally, the act of breeding is wrong. But if you look at it from another angle, successfully raising a rare wild animal also requires skills and certain care. It can be argued that this shows that he has a certain knowledge and ability about this type, even if he used it for the wrong purpose.

However, it's hard to say whether this is accepted as a factor of consideration or not.

What if the factor is a lack of legal knowledge? His wife said that his family didn't know that it was a rare chicken that was banned.

Yes, she said that. But according to some other information,

he said that he knew it was a rare chicken but because of the difficult circumstances and the low profit, he still did it.

Ah, there's a difference in the statement?

It's hard to say if it's a crime of neglect or lack of knowledge. However, he may not fully realize the serious degree of behavior and legal consequences, which means he doesn't know that this type of animal can be punished so severely.

Hmm, that's also a possibility, but there is one thing for sure, he has violated the rules on registration.

Yes, this is the bottom line on behalf of the state administrator. The 06-2019 NDCP and later the 84-2021 agreement clearly stipulates the management of these animals, even for commercial or non-commercial purposes, you must register with the animal rights agency, specifically the Animal Welfare Association,

and must prove the legal origin of the animal.

And Mr. Thanh didn't do this?

Yes, he didn't register at all. If he registered and was allowed to do so, then raising and selling the animal according to the law on the origin and quantity would be legal.

A reader asked, if you don't know the law and you violate it, is it considered a minor offense?

Not knowing the law is not a reason to be exempt from criminal liability. However, the fact that people, especially in rural areas, may not be fully accessible, not be able to promote, or provide detailed guidance on complicated regulations such as the 06 Act, is also a fact. may not be fully accessible, may not be fully communicated, and may not be closely guided about complex rules such as the 06 Act. It can be considered in the overall picture

of the criminal situation, but it may be difficult to be a strong, slightly independent detail. So there are quite a few points that lawyers can focus on in the trial. Yes, definitely.

From personality, attitude, family circumstances, to the specific characteristics.

If we look at this case in a broader perspective,

what problems does it pose to the law enforcement and protection of wild animals in Vietnam?

Oh, there are quite a few problems. First, as mentioned, it is a question of the balance between the legitimacy of the law and the human nature, the flexibility of the law. Although each case is separate, the public opinion cannot avoid comparing the 6-year sentence for a farmer raising a few white chickens with the cases of hunting tigers, rhino, elephants,

or corruption cases, which cause hundreds of thousands of billions of dollars in economic damage. This comparison, although reasonable,

also raises questions about the relative fairness in the criminal justice system.

What is the second issue?

The second issue is about the role of authorities in preventing crimes. Many people ask why the local or municipal police or police station did not find out earlier that Thanh had a white chicken. Why didn't he have a guide, a warning, a request to register by law or to handle the administration first,

instead of waiting until he sells

to arrest and prosecute the criminal.

Is there a lack of SWAT in the management, monitoring and law enforcement on the ground?

That is a question that needs to be considered. The implementation of the 06 resolution requires the initiative of the authorities in the swatting of wild animals on the ground. And more importantly, the law enforcement of these regulations of the authorities in the search for and control of wild animals on the ground. And more importantly, it is important to pass these laws to the people effectively,

especially in rural areas where people can access more limited legal information.

Yes.

And the third issue is related to the goal of the criminal law. The main purpose is to punish for the people to be bullied or to educate, to educate people. In the case of Mr. Thanh, case, a person has a good family background, a difficult situation, and the act is not directly arrested, then is a long-term prison sentence

the only and best solution? Can we consider other alternative sentences, such as a hanged person if conditions are met, or a fine of some degree, even though the current law does not specify 2,244,

or other judicial measures? Is it possible to apply a jail sentence for this crime?

According to the current provisions for the An Cheo, resolution 022-018 of the Court of Appeal, a person sentenced to not more than 3 years can be considered to be guilty of An Cheo if he has a good personality, a lot of minor details and a clear residence.

The sentence of about 2.244 is from 5 to 10 years. So if the court of appeals holds the original name in Article 2, even if the sentence is reduced to the lowest level of 5 years, Mr. Thanh is not eligible to be sentenced.

Ah, I see.

Before there is a change in the name or the application form.

That's right. Or there must be other special bases according to the law.

In that context, there is a proposal that I find quite interesting, more constructive. Instead of focusing on punishment, is there a way to turn a criminal like Thanh into someone who can contribute to conservation work?

What is this idea?

For example, consider the ability for him to participate in a conservation program for the closely controlled antelope species of the country. He can cooperate with agencies such as the National Wildlife Fund or prestigious conservation organizations such as the National Conservation Agency or prestigious conservation organizations such as the National Wildlife Conservation Center in Vietnam, the SVWL,

the National Nature Education Center,

the INV, or even the National Park in Nha Trang.

Ah, so it uses the skills, the experience of raising even if it's his original license to serve the goal of conservation, such as the human race, to re-release to nature.

That's right. Turning a person who has committed a crime into a positive responsible for conservation. Of course, this requires a management mechanism,

and a very strict monitoring to avoid re-commitment. This is a very humane and creative idea. It requires a change in the mind from just seeing the offender as a subject that needs to be punished

to seeing them as a potential resource that can be created and contributed. Is there any benefit for this in Vietnam or around the world? In Vietnam, I have not seen any official model applied to people who have been criminalized like this. However, there have been efforts to cooperate with the local community, including those who have been hunting or hunting wild animals, to join the forest protection groups or the sustainable reproductive models.

This idea also raises a more important question about social value. Does Mr. Thanh's animal raising behavior, although illegal, show any concern or even love for this animal? Of course, the initial motivation is economic,

but raising and giving birth also requires care.

That's right. And perhaps, one last question for the audience to reflect on. How can our legal system be both transparent and resilient enough to protect the effects of endangered species on the endangered area, but also show empathy and consideration for particularly difficult human circumstances. And more importantly, how can we promote and encourage the voluntary and positive participation of the community in conservation work effectively and sustainably, instead of just making them feel afraid and facing punishment? A very good question to think about.

Finding the answer to that question is the key to the success of conservation work in Vietnam in the future. Thank you, the expert, for the very detailed analysis. And at the end of the program, we would like to send you some opinions about Mr. Thanh's case, which are shared by many people. Please listen and thank you for your attention.

6 years in prison. 6 years in prison for catching a rare white chicken in the forest, then raised it, then sold it. I'm going to be a good person. I'm going to be a good person. I'm going to be a good person. they are not the same. He brought one, but he released dozens, tens, hundreds of them. And the rooster is not a dangerous animal.

It's like a crocodile or something. It may be on the red list, but it's a fake. It's different from bringing a rare animal to the forest,

and then sell it to eat. It's a conservation. He's conserving, I'm not going to be able to do that. I'm not going to be able to do that.

I'm He said that Mr. Thanh was a bit of a jerk. He got in the car and left. But when the police car door closed, he still smiled at his wife and children. He was a bit of a jerk. He was a very kind and loving man. He may be like that in the future. He was the best.

He was the chairman of the Association for the Restoration of Red Book Scenic Animals. He also said that he would donate international funds to the Association for the Restoration of Red Book Scenic Animals. He said that he would release the animals that are about to be extinct in the Red Book to the wild. He said that he would release them to the Amazon forest. He said that he would keep 50% of the animals to use for his own entertainment. Amazon I think it's necessary to allow those who are passionate about raising animals, even if they have red books, to register with the government and the state. Then I will divide 50% of the production by the population to release to nature.

That's conservation. The remaining 50% is for use. Or maybe you can buy and sell because these are all toys, no one will eat them. So it can contribute to some conservation of red books. uh I think it will be lighter But now, the weather is too cold A lot of things can be treated For example, food Or medicine Or here, these products

You see, three plastic containers Break It's too beautiful These are treated These are ten plastic containers Crack

Those are directly It's a chicken's neck That chicken is directly cut off It's very harmful This is just a small tip to help you educate yourself It's not that serious The case of the white-tailed chickens

compared to the case of the girl who was beaten in the apartment The girl who was beaten in the apartment was in jail in the 65th ward The one who beat his girlfriend in the apartment, he should go to jail. The jail is 65,000 VND. And the one who raised some white-tailed chickens, he should be sentenced to 2 years in prison.

In my opinion, your family should be advised to go to the Supreme Court. If you do it again, it will definitely be reduced. There is still a door, it is not closed yet. If you do it again, it will be light. The door is still there, not closed yet It's still a bit old, a few years old It's still in business, still breeding 6 years old, still breeding

You just need to search for white-throated chicken Is it banned in the red book? When I went to Quy Nhon I asked about this elephant I searched for what kind of elephant It turned out to be banned

In the red book, so I didn't go back, I was going to go back to the scene I searched for the name of the tool It turned out to be a red-striped hammer I didn't know what to do Because the two pieces of the hammer had to be in a very beautiful shape I was 90 years old and I still had to wait for the hammer to be delivered I hit the hammer and it broke I will share with you how to find out which tool is the red-striped hammer

I will share with you how to find out which tool is the red-striped hammer To protect us