Ms. Phuong Hang demanded renunciation of nationality and expulsion from Vietnam: "Not eligible for exemption"

This topic is getting a lot of attention.

Recently, the Ho Chi Minh City Police has decided to suspend the exit for Ms. Nguyen Phuong Hang, General Director of Dai Nam Joint Stock Company. The decision to suspend exit for Ms. Hang is valid from February 16 to the end of April 29, 2022, to serve the verification and investigation.

Previously, Binh Duong Provincial Police said that it had accepted 6 denunciations from individuals denouncing Ms. Hang, including singer Dam Vinh Hung, singer Thuy Tien, journalist Han Ni, journalist Nguyen Duc Hien and Nguyen Duc Hien. Ms. Dinh Thi Lan (living in HCMC).

The decision to postpone the exit of the Ho Chi Minh City Police for Ms. Nguyen Phuong Hang is the latest move of the prosecution agency related to the fact that many individuals have denounced Ms. Hang in the past time. Many individuals accused Ms. Hang of committing acts such as "humiliating others", "slandering" and "abusing democratic freedoms and rights to infringe upon the interests of the State, the legitimate rights and interests of the State." organizations and individuals".

After the press announced the suspension of exit for Ms. Hang, on social networks, information appeared that Ms. Hang would deal with legal charges as a foreigner, because she is a foreigner. dual nationality (having dual citizenship). Hang even threatened to sue in an international court, invite an international lawyer, apply for renunciation of Vietnamese nationality and send a note to the Vietnamese Consulate for settlement.

Regarding the above disturbing information, many legal issues were raised such as: Why was Ms. Hang's exit delayed? Can international law be used in this case and can Ms. Hang hire an international lawyer to participate in the proceedings in the settlement process?

Lawyer Bui Quoc Tuan (Ho Chi Minh City Bar Association) said, Article 124 of the Criminal Procedure Code 2015 stipulates that the exit of the following people may be suspended for the following people when there are grounds to determine that their exit shows signs of running away. : The first is to suspend exit for the accused and defendants. The second is the person being denounced, the person being recommended for prosecution but, through examination and verification, there are sufficient grounds to determine that such person is suspected of committing a crime and considers it necessary to immediately prevent such person from hiding or destroying the evidence. keep.

"In this case, Ms. Hang was denounced by many people, so the Ho Chi Minh City Police Department's decision to suspend exit was in accordance with the law. This move created favorable conditions for the agency to conduct legal proceedings. in the investigation, prosecution, trial, and judgment enforcement activities in order to remedy the situation where a crime occurs, the offender leaves or flees abroad," commented lawyer Tuan.

Regarding the time of suspension of exit, Clause 3, Article 124 of the Criminal Procedure Code clearly states that the time limit for the suspension of exit cannot exceed the time limit for dealing with sources of crime information, prosecuting, investigating, prosecuting and adjudicating. Currently, the maximum time limit for dealing with crime information as prescribed in Article 147 of the CPC is four months and 20 days.

Regarding the application of law to solve, lawyer Tuan said that according to the provisions of Article 5 of the Penal Code 2015 (amended and supplemented in 2017), all criminal acts in the territory of Vietnam will apply the Penal Code of Vietnam. to solve.

There is only one case where international treaties or international practices can be used to settle, which is a foreigner who commits a crime in the Vietnamese territory and is entitled to diplomatic or consular immunity according to law. Vietnam, according to international treaties to which the Socialist Republic of Vietnam is a contracting party or according to international practices.

Therefore, in the case that Ms. Hang has dual citizenship and if the police agency determines that Ms. Hang has committed a crime and is not eligible for diplomatic immunity, the proceedings will naturally apply the Vietnamese Penal Code. South to solve.

Regarding the issue of hiring international lawyers to participate in the proceedings, lawyer Tuan said that Article 76 of the Law on Lawyers 2006 (amended and supplemented in 2012) clearly states: Foreign lawyers are not allowed to participate in legal proceedings. litigation as representatives, defense counsels, defenders of the legitimate rights and interests of the litigants before Vietnamese courts.

Foreign lawyers are only allowed to consult foreign and international laws and provide other legal services related to foreign laws. In case of Vietnamese legal advice, the same requirements must be met as for a Vietnamese lawyer.

Thus, it can be seen that it is impossible for someone to say that Ms. Hang will hire a foreign lawyer to participate in the proceedings, protect and defend her in court.

Vụ bà Nguyễn Phương Hằng: Pháp lý việc Công an Bình Dương khởi tố vụ án Rosé11:22:38 23/04/2022Hành vi của Nguyễn Phương Hằng tuy cùng đối tượng vi phạm pháp luật hình sự nhưng xét về người bị xâm hại thì khác nhau