Ms. Nguyen Phuong Hang "lighted the door" when the police of Binh Duong and Ho Chi Minh City entered the case

On June 19, a source said that the Ho Chi Minh City Police had not received the case file of Ms. Nguyen Phuong Hang that the Binh Duong Police had transferred. According to PLO sources, a few days ago, the Binh Duong Provincial Police decided to transfer the case of Ms. Nguyen Phuong Hang to the Ho Chi Minh City Police for further investigation.

The Investigation Police Agency, the Ho Chi Minh City Police Department has received the case file of Ms. Nguyen Phuong Hang previously prosecuted by the Binh Duong Provincial Police to enter the case that the city police are investigating. Accordingly, Binh Duong Provincial Police have accepted the applications of 7 people denouncing Ms. Nguyen Phuong Hang (51 years old, General Director of Dai Nam Joint Stock Company), including the application of singer Dam Vinh Hung, husband and wife. Doctor Thuy Tien - Cong Vinh, journalist Han Ni, journalist Duc Hien...

The above individuals have denounced Ms. Nguyen Phuong Hang many times during the livestream calling her name and having vulgar words, giving untrue information, insulting the honor and reputation of them and their loved ones...

After receiving the denunciation, the authorities began to clarify. On April 22, the Investigation Police Agency of Binh Duong Public Security prosecuted the case "Abusing democratic freedoms to infringe upon the interests of the State, the legitimate rights and interests of organizations and individuals". regarding Mrs. Nguyen Phuong Hang.

Based on the collected documents and evidence, Nguyen Phuong Hang has taken advantage of the right to freedom of speech over the past time, using social networking sites (Zalo, Youtube, Facebook, Blogger) to organize many livestreams. times, there are words, utterances lacking ethical standards, fine customs and traditions, which insult the honor and dignity of others; spreading unverified information that has offended the honor and dignity of many individuals and organizations for a long time. Although the authorities had worked and asked to stop the operation, Ms. Hang continued to do so.

Nguyen Phuong Hang's above behavior has signs of constituting the crime: "Abusing democratic freedoms to infringe upon the interests of the State, the legitimate rights and interests of organizations and individuals" specified in Clause 2 , Article 331, Penal Code.

On April 6, the Office of the Investment Police Agency agreed with the People's Procuracy of Binh Duong province to issue a decision to prosecute a criminal case for investigation and handling. Therefore, the Binh Duong Provincial Police have exchanged documents with the Ho Chi Minh City Police in the direction of reporting to the Ministry of Public Security to import the case for the Ho Chi Minh City Police to investigate.

On June 19, a source said that the Ho Chi Minh City Police had not received the case file of Ms. Nguyen Phuong Hang that the Binh Duong Police had transferred. According to PLO sources, a few days ago, the Binh Duong Provincial Police decided to transfer the case of Ms. Nguyen Phuong Hang to the Ho Chi Minh City Police for further investigation.

However, the investigating agencies of the two localities still have some issues to discuss, so the case of Ms. Nguyen Phuong Hang has not been transferred to the Ho Chi Minh City Police. After this information, many readers asked the question, if you enter the case of Ms. Nguyen Phuong Hang, how will the investigation, prosecution and trial process take place?

Talking to PV Dan Viet, Doctor of Laws Dang Van Cuong said that according to the law, each law violation will be handled once. Acts of violating the law that satisfy the constitutive signs of any crime will be handled for that crime.

However, if the accused is prosecuted by more than one investigation agency for the same crime, the criminal case can also be merged into one crime and the circumstances of the offense are applied more than once for trial in the same case. Mr. Cuong said that entering a criminal case in accordance with the law will reduce the time and effort of the procedure-conducting agency and also benefit the accused and defendants, and at the same time contribute to the settlement of the case. the case quickly, fairly and in accordance with the law.

If she does not enter the case, with 2 times of committing acts of abusing freedom and democracy to infringe upon the interests of the State, the legitimate rights and interests of individuals, Ms. Nguyen Phuong Hang may face 2 times. sentenced in the penalty frame of imprisonment from 2 years to 7 years.

If two places are convicted twice for this crime, with the above penalty frame, the following judicial authority will synthesize the penalty in the form of accumulating the penalty level of the previous sentence to sum it up with the following judgment according to the original judgment. The rules of punishment and final judgment will sum up all the sentences that have been heard by the courts at all levels before.

In the case of Nguyen Phuong Hang being prosecuted by two investigating agencies for the same crime but then being admitted to the case and then tried in a case, Ms. Hang will be applied the framing circumstances aggravating the responsibility. criminal liability is committing a crime more than once.

However, if convicted, Ms. Nguyen Phuong Hang only has to serve a general penalty of no more than 7 years in prison as prescribed in Clause 2, Article 331 of the Penal Code. Thus, entering the criminal case in this case is beneficial for Ms. Nguyen Phuong Hang.

"By merging the case into one, Ms. Nguyen Phuong Hang was convicted of only one crime under Article 331 of the Penal Code and the punishment for her could be no more than 7 years in prison.

In the case of not joining the case, two independent procedural agencies will judge in two cases, the penalty for Ms. Nguyen Phuong Hang may exceed 7 years in prison according to the principle of summarizing penalties according to the provisions of the Penal Code. "- Mr. Cuong said clearly.

Con trai bà Phương Hằng làm đơn xin khoan hồng, giảm nhẹ tội: "Mẹ tôi đã nhận thức được sai phạm" Jennie15:07:13 05/10/2022Ông Tuấn làm đơn xin khoan hồng, giảm nhẹ hình phạt cho mẹ mình với lý do từ trước đến nay bà Nguyễn Phương Hằng đã có nhiều đóng góp trong hoạt động từ thiện, nhân đạo, nhất là trong đại dịch Covid-19