How long can Ms. Nguyen Phuong Hang be detained?

The People's Procuracy of Ho Chi Minh City recently continued to issue a temporary detention order for Ms. Nguyen Phuong Hang - CEO of Dai Nam Company, after receiving the dossier and conclusion of the investigation of the case from the Ho Chi Minh City Public Security Bureau.

Specifically, the People's Procuracy of Ho Chi Minh City continued to issue a temporary detention order for the accused Nguyen Phuong Hang (51 years old, General Director of Dai Nam Joint Stock Company, Binh Duong) from November 4.

Previously, Ms. Hang was prosecuted by the Ho Chi Minh City Police and detained since March 24. On October 24, the accused's family sent an application to the Procuracy and the investigating agency to request a security deposit for the defendant to be released on bail for medical treatment, but it was not allowed.

According to the law, Ms. Hang can be detained for as long as possible. In case the time limit for temporary detention expires, but the case has not yet been brought to trial, can the accused be changed the preventive measures?

Lawyer Nguyen Van Hau (Standing Member of the Vietnam Bar Federation, Deputy Chairman of the Ho Chi Minh City Bar Association) said that he was proposed to prosecute under Clause 2, Article 331 of the 2015 Penal Code on the crime of profit. Using democratic freedoms to infringe upon the interests of the State, the legitimate rights and interests of organizations and individuals, the maximum sentence Ms. Hang faces is 7 years in prison. Compare the regulations on classification of crimes under Article 9 of the Penal Code 2015, this case is classified as a serious crime.

According to Article 173 of the 2015 Criminal Procedure Code, for serious crimes, the maximum temporary detention period is 3 months. In case the case has many complicated details, considering that it takes a longer time for investigation and there are no grounds to change or cancel the temporary detention measure, the investigating agency may request an extension of the temporary detention period. prison. The maximum period of temporary detention for serious crimes is 2 months.

Mr. Hau assessed that with Ms. Hang's case, the fact that the Ho Chi Minh City Police Department temporarily detained the accused for 3 months at the time of prosecution and extended the detention for another 2 months on June 21 was grounded and in accordance with regulations. under the law.

On August 18, the People's Procuracy of Ho Chi Minh City detained for another 20 days for Ms. Hang after the Ho Chi Minh City Police completed the investigation conclusion and transferred the file for prosecution. Citing the provisions of Articles 240 and 241 of the 2015 Criminal Procedure Code, the lawyer said that because Ms. Hang was proposed to be prosecuted for a serious crime, the People's Procuracy of Ho Chi Minh City is responsible for making one of the decisions. within 20 days, including Prosecuting the accused in court; Return the file to request additional investigation; Suspend, temporarily suspend the case or Temporarily suspend the case for the accused.

During this period, the Procuracy has the right to apply, change or cancel preventive or coercive measures. Considering that Ms. Hang's case has no grounds to cancel the preventive measure, the Procuracy applies a 20-day detention period to coincide with the time limit for the prosecution decision against Ms. Nguyen Phuong Hang.

On September 6, the People's Procuracy of Ho Chi Minh City issued a decision to return the file for additional investigation. According to Article 174 of the 2015 Criminal Procedure Code, the case returned by the Procuracy to request additional investigation has a time limit for additional investigation not exceeding 2 months. During this period, the investigating agency has the right to apply a temporary detention measure, but it must not exceed the time limit for additional investigation, ie 2 months.

Therefore, the fact that Ms. Hang was kept by the Ho Chi Minh City Police for an additional 1 month and 27 days of detention, according to Mr. Hau, was considered appropriate.

For the latest development, the People's Procuracy of Ho Chi Minh City received the dossier and additional investigation conclusions from the Ho Chi Minh City Police and applied a temporary detention measure against Ms. Hang from November 4, Vice Chairman of Doan Law Ho Chi Minh City professor said that at this stage, the case will return to the stage of considering and deciding the prosecution. At that time, the Procuracy has 20 days to decide whether to prosecute defendant Nguyen Phuong Hang or return the file to request additional investigation or to suspend or suspend the case; to suspend or temporarily suspend the case against the accused.

During this time, the Procuracy has the right to apply the measure of temporary detention to the accused. The temporary detention time must not exceed 20 days and in necessary cases, the Procurator General of the People's Procuracy of Ho Chi Minh City may extend the time limit for deciding the prosecution and the time limit for applying the measure of temporary detention for another 10 days because this is a crime. serious. Thus, from November 4, Ms. Nguyen Phuong Hang can be applied by the People's Procuracy of Ho Chi Minh City for up to 30 more days of detention.

Con trai riêng bà Hằng nghi ngờ bố dượng có âm mưu thâm hiểm với tài sản mẹ ruột JLO17:06:03 09/10/2024Thời điểm bà Nguyễn Phương Hằng bị bắt, Nguyễn Quang Tuấn con trai của nữ CEO bất ngờ đặt nghi vấn về ông Dũng Lò Vôi. Mối quan hệ cha dượng con riêng kể từ đó được cho là không còn tốt đẹp.