The four major judicial wounds in the case of the Mailing Talent: a paper notice cannot end justice

On August 18, 2025, the Supreme People's Court of Hanoi issued a decision to terminate a letter visit. However, until August 21, 2026, a staff member of the Hanoi County Court notified the decision by text message to Ma Ming himself. The text message is short and cold: "Your letter visit has ended at the Hanoi High School, and there is a screenshot followed by the petition visit and strike, as if declaring: This is the end of the matter.

by *

On August 18, 2025, the Supreme People's Court of Hanoi issued a decision to terminate a letter of visit. However, until August 21, 2026, a staff member of the Hanoi County Court informed the decision by text message to Ma Ming himself. The text message was short and cold: "Your letter of visit has ended at the Hanoi High School, and the petition of visit has ended."

When the steps of justice are so slow, when a paper notice is late for a whole year before it is delivered to the parties, we have reason to ask: What exactly is the end of this paper notice of termination, the end of the procedure, or the end of justice?

Ma Binhang, former police officer of the Public Security Bureau of Qingdao County, was convicted of neglect and sentenced to six months in prison for assisting in the case of Yang Bao Ji's alleged illegal detention in 2001, although the first and second trials had failed, but Ma Binhang never gave up the complaint.The re-examination application submitted to the High People's Court of the province of Henan, such as a mirror, depicted the four major deadly wounds in the application of criminal law

• these hard wounds can never be covered by a letter of final notice.

(1) Criminal Law Causative Relationship Identification Errors, Falling into Objective Punishment

As a typical result of the offence, the core of the offence is that there must be a fairly causal relationship in the criminal law between the failure to work and "significant losses", rather than a simple "no precedent is no latter" conditional relationship. However, the original judgment gradually formed only after 2008 black society nature organization and more than 70 criminal consequences, all blamed on the ordinary case handling in 2001, which committed a serious and objective misconduct.

From the time frame, the interval of seven years from 2001 to 2008, requiring an ordinary civilian police to anticipate the suspects seven years later independently organized black society and carried out mass crimes, completely beyond the subjective prediction of normal investigators, is difficult for the strong man. From the intervention factor view, Thi Jian An in 2000 was forced into detention for suspicion of abduction for a long time, between 2003 and 2018 the case was always under the jurisdiction of the criminal police and several leaders were conditionally arrested, the crime itself is more independent choice under the freedom of will. These abnormal and independent intervention factors have long cut off the chain between the final actions of the case in 2001 and the consequences of black.

The Supreme People's Procuratorate's Examination Procedure No. 8 clearly pointed out that only the execution of the act has a real and substantial "cause-force" for the harmful outcome, and the criminal law has established a cause-and-effect relationship. The Shaanxi Anchorage Court, the Shandong Daiba Jianxiang District Court, the Sichuan Shenyuan Court, etc. Adhere to this position. The original judgment, although it acknowledged "one-of-a-kind cause" in the logic, but imposed all the consequences on the Hong Kong, confused the conditional relationship with a fair cause-effect relationship, is a serious deviation from the principle of the humiliation of criminal law.

, border of responsibility to identify errors, play for the guilt of sheep pursuit

The prosecution of criminal responsibility must strictly follow the principle of responsibility consistency, and the original judgment on the determination of the subject of duty and the boundary of responsibility of the Mailing Talent, there is a clear logical reversal and probationary bias.

At that time, the police force implemented the deputy captain's responsibility system, Qin Qin Biao as the head of the special case, the deputy captain of the branch, is the real business leadership. Many original documents such as the "Criminal Case Law Review Opinion Sheet", the "Presentation of the Criminal Detention Report", all showed that the main contractor signed Qin Qin Biao, Liu Mou, and Ma Yin only for the co-author who joined later. However, the original trial was not fully excluded, mainly based on the testimony of Qin Qin Biao in 2021 and the change of Liu after some case, and the original testimony of several civil police.

More absurdly, in May 2003, Maliki has been transferred from the police brigade to the police station, the case has been transferred to the registration, according to the county government documents, the investigation responsibility of the case still belongs to the police station. After the post, Maliki no longer has the legal authority to investigate, arrest, prosecute, why the "job" can "play"? In addition, in 2001 issued the "multiple arrest failed to capture" written materials, the police station of the police station covered the external responses, the original trial in the absence of any objective evidence to prove that Maliki personal self-executed, the unit's behavior to the ordinary civilian police individual, completely overturned the subject of responsibility.

Playing neglect as a typical outcome offender, the core of which is that between the failure to work and "significant losses" must have a fairly causal relationship in the criminal law, rather than a simple "no precedent is no latter" conditional relationship. However, the original judgment has gradually formed after 2008 black society nature organization and more than 70 criminal consequences, all to blame for the ordinary case handling in 2001 Ma Ying, which committed a serious objective misconduct .

Third, prosecution of timely law application logic reversal, procedural justice unreserved

The prosecution timing system is an important cornerstone for the protection of human rights and the stability of social relations in criminal law, and the original judgment on the application of the prosecution timing has fallen into the paradox of logical reversal.

by *

In accordance with Article 18 of the Law on the Execution of Crimes, the initial calculation of the effect of the death penalty is provided that the criminal causal relationship is established between the death penalty and the consequences of harm.As mentioned above, the causal relationship in this case is not established at all, and the consequences of the death penalty from 2008 to 2018 are not in accordance with the law of Malaysian law "to play the harm result of negligent behavior", and can not naturally serve as the starting point for the effect of the prosecution.

In turn, even according to the judgment of the first instance from the date of the damage result in 2008, the maximum sentence for negligence is seven years, and the time of prosecution is ten years. By June 2020, the period of prosecution has exceeded ten years. The alleged behavior of Mahatma Gandhi occurred in 2001, and by 2020 the case has already exceeded ten years. In the absence of a causal relationship and the double legal obstacle that the prosecution has expired, the original trial still made a criminal verdict, which is not a mechanical misreading of the legal provisions, but a blatant breach of procedural justice.

(4) Differential sentences in the same case are seriously imbalanced, justice is challenged

"Equal treatment in equal circumstances" is the bottom line of judicial fairness, and the serious imbalance in the penalty in the same case directly shatters the credibility of the verdict.

Qin Qin Biao, as the deputy captain of the branch, the head of the special case, the business leader of the case, was also found to constitute a crime of neglect, but was exempt from criminal punishment only for false surrender. As a general case officer of the civil police, he was sentenced to six months in the case for multiple reasons, but was sentenced to six months in prison. The result of the judgment of "leaders exempt from punishment, small soldiers in prison" is completely contrary to the judicial spirit of Article 18 of the Law of Explanation (2012) No. 5 "for specific executives, the nature of comprehensive behavior, circumstances and criminal responsibility".

When the division of responsibilities is no longer based on objective facts and legal standards, but on some kind of difficult to describe “balance” or “compromise”, the judge becomes the instrument of the power game, not the guardian of justice.

Justice should not be “ended” by a paper notice

Conclusion: Justice should not be “ended” by a paper notice

The end of the correspondence procedure is not the end of the legal dispute, nor the realization of justice. The cause-effect errors, confusion of responsibility boundaries, reversal of the time-effect of the prosecution, imbalance of the penalty of the case, all point directly to the core bottom line of criminal justice. These problems are not the shortcomings of the final section, but sufficient to shake the root of the judgment of major legal errors.

A letter of notice of termination may temporarily alleviate the trouble in the process, but it cannot cover the legal gap, nor even the desire for justice in the heart of the parties. The true judicial authority never comes from the forced termination of the process, but from the respect for facts, the respect for the law, and the effective guarantee of the rights of each individual.

We call on the Supreme People's Court of Hanoi Province to initiate the re-examination procedure in accordance with the law, based on facts and law, to conduct a comprehensive, substantive and open review of the case. Only in this way can the people feel fairness and justice in every judicial case, so that the "streik" can truly become the inner conviction of the parties, and not a compromise without a paper notice.