Does Mrs. Nguyen Phuong Hang have dual nationality affecting the investigation results of the case?

Ms. Nguyen Phuong Hang (51 years old, General Director of Dai Nam Joint Stock Company in Binh Duong) has dual nationality of Vietnam and Cyprus. Will this affect the proceedings?

Ms. Nguyen Phuong Hang was prosecuted and detained by the Ho Chi Minh City Public Security Bureau for 3 months to investigate the act of "abusing democratic freedoms to infringe upon the interests of the state, the legitimate rights and interests of the state." laws of organizations and individuals", according to Clause 2, Article 331 of the 2015 Penal Code (amended and supplemented in 2017).

Does dual nationality affect the outcome of the case investigation?

During the investigation, Ho Chi Minh City Police identified many people helping and supporting Ms. Nguyen Phuong Hang in scripting, preparing content, managing 12 social media channels, and preparing equipment. technique ... for this accused in the livestreams are not true, slander, insult the privacy of many individuals, including female singer Vy Oanh.

Until now, the police are still continuing to take testimonies, conduct extensive investigation to see whether or not the role of accomplices of some individuals, and YouTube channel owners: Dang Anh Quan, Nguyen Dinh Kim, Ha Lee, Hoang Nhi , Mr. Farmer, Dien Vo Vlog.

Besides, the Ho Chi Minh City Police Department is still verifying and clarifying the "slander" and "humiliation of others" behavior of Ms. Nguyen Phuong Hang according to the denunciation of Ms. Dang Thi Han Ni (journalist). Han Ni).

Regarding the investigation and handling of Ms. Nguyen Phuong Hang, the authorities are currently verifying her criminal record. Accordingly, defendant Nguyen Phuong Hang was born on January 26, 1971, once named Nguyen Thi Thanh Tuyen. In addition, Ms. Nguyen Phuong Hang has two citizenships, Vietnam and Cyprus.

Does Nguyen Phuong Hang's dual citizenship, including foreign nationality, affect the proceedings or the outcome of the investigation of the case? Lawyer Bui Quang Nghiem said that first of all, according to Article 3 of the Criminal Procedure Code of 2015, the Criminal Procedure Code is effective for all criminal proceedings in the territory of the Socialist Republic of Vietnam. Male.

According to LS Nghiem, Article 3 also stipulates that criminal proceedings against foreigners committing crimes in the territory of the Socialist Republic of Vietnam shall be conducted in accordance with the provisions of international treaties to which the Socialist Republic of Vietnam is a member. The Socialist Republic of Vietnam is a member or on the principle of reciprocity. In case, a foreigner who is entitled to diplomatic or consular immunity under Vietnamese law, an international treaty to which the Socialist Republic of Vietnam is a contracting party or an international custom shall be settled. in accordance with the provisions of such international treaty or international practice. Where such international treaty does not stipulate or does not contain international practices, it shall be resolved through diplomacy.

"Thus, according to the above provisions, if a person with dual nationality commits illegal acts in the Vietnamese territory to the extent that they can be criminally handled, they will base on the provisions of the Vietnamese Criminal Procedure Code to handle them. Justice Bui Quang Nghiem emphasized, and further analyzed: "Vietnamese people who commit crimes with dual nationality will first be identified as Vietnamese citizens, so the Vietnamese Penal Code will be applied to prosecute them. Ms. Nguyen Phuong Hang has dual nationality and when the Vietnamese legal proceedings have sufficient grounds to determine that Nguyen Phuong Hang has committed the crime and the accused Hang herself is not exempted under the provisions of this Law. prescribed in Clause 2, Article 5 of the 2015 Penal Code, the procedural authorities will apply Vietnam's Penal Code to handle it".

Has defendant Nguyen Phuong Hang been extradited?

After receiving information that defendant Nguyen Phuong Hang has a Cyprus citizenship, many readers wondered if this defendant would be extradited to the Republic of Cyprus for handling. LS Nguyen Van Hau (Deputy Chairman of Ho Chi Minh Communist Youth Union) said that according to the provisions of Article 32 of the Law on Mutual Legal Assistance 2007: "Extradition is the transfer by one country to another country of a person who commits a crime or a person who has been convicted of a crime. a criminal convict is present in his/her territory for the transferee country to examine him for penal liability or execute judgment against him/her.

Post-analysis, if the country of the criminal citizen has a written request to extradite the foreigner back home for handling, depending on the specific situation, the competent authority in Vietnam may agree or disagree. extradition intent. Thus, foreigners committing crimes in Vietnam can be extradited to the country for processing, but not in all cases can be extradited.

Specifically, Clause 1, Article 35 of the Law on Mutual Legal Assistance stipulates that the competent proceedings-conducting agency of Vietnam refuses extradition if the extradition request falls into one of the following cases: The person requested for extradition is: Vietnamese citizens; According to Vietnamese law, the person requested to be extradited cannot be examined for penal liability or served a penalty because the statute of limitations has expired or for other lawful reasons; The extradition request for criminal prosecution has been convicted by a court of Vietnam with a legally effective judgment for the offense stated in the extradition request or the case has been suspended under the provisions of law. The person requested to be extradited is a person residing in Vietnam for the reason that there is a possibility of being persecuted in the requesting country due to discrimination on the basis of race or religion. religion, gender, nationality, ethnicity, social class or political opinion; where the extradition request involves more than one crime, each of which can be criminally prosecuted according to the provisions of the law. provisions of the law of the country requesting extradition but do not meet the regulations on who can be extradited", LS Hau explained the regulations.

Journalist Han Ni was prosecuted, detained, law doctor Dang Anh Quan shared the same fate! Minh Lợi07:50:26 25/02/2023Law doctor Dang Anh Quan and journalist Han Ni were prosecuted and detained for investigation on charges of abusing democratic freedoms to infringe upon the interests of the State, the legitimate rights and interests of organizations and individuals. core. On the evening of...