Phuong Hang was asked for leniency by her son, to reduce the crime, to get a guarantee?

JennieOct 06, 2022 at 17:16

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Talking about individuals and organizations that have the right to bail for detainees, Quynh said that agencies and organizations can receive guarantees for the accused and defendants who are members of their agencies or organizations.

Mr. Nguyen Quang Tuan (born in 1990, living in District 7, Ho Chi Minh City) sent an application to the Ho Chi Minh City Public Security Bureau, the People's Procuracy of Ho Chi Minh City, and the People's Court of Ho Chi Minh City to ask for a reduction of the sentence for his mother, Mrs. Nguyen Phuong Hang (SN 1971, CEO of Cong. Dai Nam Joint Stock Company). Nguyen Quang Tuan said his mother is being held in custody for the crime of "abusing democratic freedoms to infringe upon the interests of the State, the legitimate rights and interests of organizations and individuals".

Phuong Hang was asked for leniency by her son, to reduce the crime, to get a guarantee? - Photo 1

In an application to the authorities to consider mitigating the punishment and giving leniency to his mother, Mr. Nguyen Quang Tuan presented the reason why Ms. Nguyen Phuong Hang has made many contributions in charity and humanitarian activities so far. especially during the COVID-19 pandemic. Mr. Tuan listed a number of certificates of merit, certificates of merit, gratitude papers, letters of thanks from many agencies, organizations and individuals sent to Ms. Nguyen Phuong Hang and Dai Nam Company, Hang Huu Fund.

Recently, lawyer Nguyen Van Quynh (Director of Hung Yen Law Firm) said that guarantee is one of the preventive measures under the provisions of the Criminal Procedure Code 2015, in addition to other measures. Others are detention in case of emergency, arrest, custody, temporary detention, deposit of m.oney for security, ban from leaving the place of residence and suspension of exit.

Phuong Hang was asked for leniency by her son, to reduce the crime, to get a guarantee? - Photo 2

Article 121 of this Code provides for bail as an alternative deterrent to detention. Based on the nature and degree of danger to society of the act and the personal identity of the accused, the defendant, the investigating agency, the Procuracy, the court may decide to grant them bail.

Thus, the bail measure is a preventive measure to replace the temporary detention measure and is only applied to the accused or defendants after a decision has been made to prosecute the case and prosecute the accused. This measure is applied based on the nature and degree of danger to society of the act and the identity of the accused or defendants.

Phuong Hang was asked for leniency by her son, to reduce the crime, to get a guarantee? - Photo 3

"In practice, this measure is often applied to the accused and defendants in cases such as having good character, committing the crime for the first time, having a less serious nature, having a clear place of residence, and having a sincere attitude. declare or the accused or defendant commits a crime of high danger but suffers a serious illness or illness... These will be factors for the proceeding agency to consider and change the preventive measures against with the accused and defendants in the case", the lawyer analyzed.

Phuong Hang was asked for leniency by her son, to reduce the crime, to get a guarantee? - Photo 4

Talking about individuals and organizations that have the right to bail for detainees, Quynh said that agencies and organizations can receive guarantees for the accused and defendants who are members of their agencies or organizations. On the individual side, those who are 18 years or older, have good character, have good character and qualities, strictly abide by the law, have a stable income and are able to manage the sponsored person can accept bail for the accused, the defendants are their relatives. In this case, there must be at least 2 guarantors.

In addition, Article 4 of the Criminal Procedure Code 2015 stipulates that the next of kin of procedure participants and competent procedure-conducting persons are persons related to them, including spouses; Birth parents; Husband's parent; parents-in-law; adoptive parents; natural and adopted children; grandparents; grandparents; siblings; grandparent and grandparent; biological uncle, biological uncle, biological uncle, biological aunt, biological aunt, biological niece.

Phuong Hang was asked for leniency by her son, to reduce the crime, to get a guarantee? - Photo 5

Phuong Hang was asked for leniency by her son, to reduce the crime, to get a guarantee? - Photo 6

Mr. Quynh assessed that his son's application to sponsor Phuong Hang was in accordance with the law. However, in order for Ms. Hang to be able to apply the bail measure, it is necessary to add at least one person from the group of "relatives" to stand up for the accused.

Previously, in early October 2022, the Ho Chi Minh City Police Department announced that Ms. Nguyen Phuong Hang had 3 lawyers to protect her legal rights and interests in the upcoming trial. 1 lawyer from the Hanoi Bar Association, 2 lawyers from the Ho Chi Minh City Bar Association were invited by their family to defend the defendant Nguyen Phuong Hang. In particular, a lawyer used to protect the legitimate rights and interests of Mr. Dang Le Nguyen Vu in the trillion-dollar divorce with Ms. Le Hoang Diep Thao.

Phuong Hang was asked for leniency by her son, to reduce the crime, to get a guarantee? - Photo 7

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