Vụ ông Trịnh Văn Quyết bị bắt: Chủ nợ lớn nhất của FLC lên tiếng, NĐT đua nhau bán tháo cổ phiếu họ F nhưng bất thành
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Based on legal regulations, if CEO Phuong Hang and Chairman Trinh Van Quyet ensure this factor, the form of prevention can be changed from temporary detention to ban from residence.
Phuong Hang and Trinh Van Quyet have just been prosecuted and detained by the authorities. If the owner of Dai Nam Tourist Area is investigated for abusing democratic freedoms to infringe upon the interests of the State, the legitimate rights and interests of organizations and individuals according to Article 331 of the Penal Code. Then the chairman of the board of directors of FLC Group Joint Stock Company was charged with manipulating the stock market, as prescribed in article 211 of the Penal Code. Although the crimes are different, both are famous names in the business world, with social influence.
Recently, from the perspective of Lawyer Nguyen Anh Thom, he said that both of the above crimes are serious violations. The maximum penalty bracket prescribed by this Code for such crime is from over 3 years to 07 years in prison. In addition, the lawyer also mentioned the provision of detention that many people are still wondering. In particular, if both meet the requirements below, they can be considered to change the prevention measure from temporary detention to ban from residence.
Nguyen shared by Lawyer Thom:
Temporary detention can be applied to the accused and defendants of less serious crimes for which the Penal Code stipulates a prison term of up to 2 years if they continue to commit the crime or run away and are arrested under a wanted decision.
For defendant Nguyen Phuong Hang: before being detained, he was the General Director of Dai Nam Joint Stock Company, had a husband, children, place of residence, clear background, was not wanted or bribed. , coercing, inciting others to make false statements, providing false documents. In order to have grounds for detention, the investigating agency needs to have grounds to prove that defendant Nguyen Phuong Hang continues to commit crimes or shows signs of continuing to commit crimes.
For defendant Trinh Van Quyet: before being detained, he was the Chairman of the Board of Directors of FLC Group Joint Stock Company, had a clear place of residence, did not run away and was arrested under a wanted decision or had a warrant. signs of absconding, no acts of bribing, coercing or inciting others to make false statements or provide untruthful documents; destroy or forge evidences, documents and objects of the case, disperse assets related to the case; threatening, controlling, taking revenge on witnesses, victims, crime whistleblowers and their relatives, etc.
The defendants who commit crimes of up to 07 years in prison but do not commit the offenses from points a to g, clause 2, Article 119 of the Criminal Procedure Code, shall not be subject to the measure of temporary detention.
Thus, from the lawyer's point of view, during the investigation, if the accused sincerely declares, is aware of the violation, actively cooperates in the investigation, or after being prosecuted, the accused does not continue to investigate. If there is no sign of continuing the crime, there is a basis for the investigating agency to consider changing the measure to prevent the arrest and detention of the accused to a ban on leaving the place of residence. law.
However, at the bottom of the article, many people expressed that Phuong Hang did not deserve to be considered for change. Because before that, the female giant was handled by the authorities for her standard statement. The investigation process also showed signs of opposition and disregard for the law.
Some Netizen comments:
Personally, I don't think Ms. Hang deserves to be considered for bail. Because many times the authorities invited to remind her, but she did not stop, even challenged the law. Ms. Hang needs to be severely punished by the law, even given points for trial because the incident took place for a long time and is getting more and more serious.
I'm still afraid she'll be released because she's outside and then she'll continue to talk about lawyers
If she had known to stop at the right time, perhaps things would have been different. Unfortunately, the online community praised her so much that she went a bit too far. Things that if she didn't say it, no one would dare say it. Few people can do it like you
In my opinion, these two people are not necessary and should not be detained
Hang committed the crime for a long time, was warned by the authorities many times, did not have a cooperative attitude, and increasingly challenged the law. I see that the authorities do not agree to consider the bail for Ms. Hang is completely reasonable. I think this case should be judged. You don't have to have a lot of money to do whatever you want
Bộ Công An đề nghị "phong tỏa" giao dịch tài sản của ông Trịnh Văn Quyết Nam Phương17:10:37 14/04/2022Các hoạt động giao dịch bao gồm chuyển nhượng, mua, bán, cho, tặng, cầm cố, thế chấp đối với bất động sản, cổ phần/ góp vốn, cổ phiếu... của anh em nhà Trịnh Văn Quyết bị Bộ Công an đề nghị tạm dừng giao dịch
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