After receiving the ruling, attorney Tran Ba Hoc (a defense lawyer for Mr. Nguyen Huu Linh) sent a 5-page petition to the District 4 People's Court and Judge Nguyen Hai Nam, asking the District People's Court 4 to pay Additional investigation records of many circumstances are not clear in the case.
According to this petition, lawyer Tran Ba Hoc said that the District 4 KSND indictment accused Mr. Linh of being under 16 years of age without convincing and not being appropriate to the constituent elements of this crime. .
Because according to the lawyer, the prosecution only described Mr. Linh as having "kissed his cheek" left, right and Linh also admitted "kiss the cheek" to the left and right of the child. The indictment also did not determine whether Mr. Linh used his hands to touch, kissed the genitals or rubbed his genitals with his baby's genitals. Since then, has the lawyer suspected that Linh's "kiss on the cheek" determination has sufficient basis to confirm that such behavior is obscene to people under the age of 16?
In addition, according to the events, Mr. Linh always holds the phone in his hand, and sometimes when he hears the call, the action time is only 15 seconds, so it can not be said that Mr. Linh intends to satisfy the demand. sex. The family also confirmed that Mr. Linh only came from his affection, not from bad thoughts, so the reason and purpose of Mr. Linh is still not to satisfy the sexual needs.
The completion of the DNA examination of the DNA of Mr. Nguyen Huu Linh does not exist in 8 places, leading to request a examination on the baby's shirts and dresses. The conclusion of the evaluation related to the video also identifies Mr. Nguyen Huu Linh, in addition to the act of "kissing the cheek" of the child, there is no other behavior.
Thereafter, the District 4 People's Court issued a decision to return the additional investigation files because of the lack of evidence that could not be supplemented at trial. Specifically, the Court found that the conclusion of the indictment did not describe the objective behavior of the crime that Mr. Nguyen Huu Linh did was flawed.
At the same time, according to the explanation of the information at the completion of the image inspection of the Department of Public Security of the Ho Chi Minh City Police Department, Mr. Linh used his left hand to move toward the body of the child It is very likely that Mr. Linh's left hand touched the baby's body in front of his body, but there is no floor to determine the touching position.
Therefore, the court returned the file requesting clarification whether Mr. Linh's left hand touched the body part in front of the baby's body.
Immediately after the court returned the case, the District 4 District Attorney's Office returned the case to the District 4 People's Court, alleging that the indictment clearly indicated the crime.