Phuong Hang has just been detained, Thuy Tien immediately proposed to distrain the female CEO's assets, shocking reasons

JLOApr 26, 2023 at 15:52

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Recently, Thuy Tien's lawyer said that the singer made an application to freeze her account, distraint 2 land use rights and land-attached assets in District 1, District 3 and shares in Joint Stock Company. Dai Nam is owned by Mrs. Hang.

Accordingly, on April 25, the People's Procuracy of Ho Chi Minh City continued to extend the detention period for Ms. Nguyen Phuong Hang for another 10 days (until May 5) to continue the proceedings in accordance with the law.

Previously, after the Ho Chi Minh City Public Security Bureau completed the investigation, the People's Procuracy of Ho Chi Minh City extended Ms. Hang's detention for 19 days (from April 7 to April 25).

Phuong Hang has just been detained, Thuy Tien immediately proposed to distrain the female CEO's assets, shocking reasons - Photo 1

Regarding this legal action, many people wondered why she extended her detention for 10 days. What will happen after the 10 day detention period is over?

Talk to City Law. In Ho Chi Minh City, a former Deputy Chief of the Criminal Court of the Provincial People's Court said that currently the case is in the prosecution stage and the Procuracy will exercise its rights under Article 240 of the Criminal Procedure Code (prosecution; or return preliminary investigation for additional investigation or suspend/temporarily suspend the case/defendant).

Specifically, in this case, Ms. Nguyen Phuong Hang was proposed by the Investigation Agency to prosecute under Clause 2, Article 331 of the Penal Code with a penalty of 2-7 years in prison (serious crime).

Phuong Hang has just been detained, Thuy Tien immediately proposed to distrain the female CEO's assets, shocking reasons - Photo 2

Clause 1, Article 240 of the Criminal Procedure Code stipulates that within 20 days (for less serious and serious crimes) from the date of receipt of the dossier and investigation conclusion, the Procuracy must issue one of the following: decisions such as: Prosecuting the accused to court or returning the file to request additional investigation...

In case of extension, the extension period shall not exceed 10 days for less serious and serious crimes.

Thus, since receiving the dossier and the conclusion of the investigation of the case up to now (more than 20 days), the Procuracy has not made any decisions in the prosecution stage, so an extension is necessary for this agency.

On the side of the accused Hang, this defendant is currently being applied the preventive measure of temporary detention, so during the prosecution period, the extension of detention for this defendant for another 10 days is in accordance with the provisions of Article 241 of the Ministry of Justice. Criminal Procedure Law (the time limit for applying preventive measures must not exceed the time periods as stated above).

Thus, in Ms. Hang's case, based on the investigation's conclusions, it can be seen that, after the above temporary detention time limit expires, the Procuracy will issue an indictment to prosecute the accused to court and the court will be the responsible agency. competent to make further procedural decisions.

Phuong Hang has just been detained, Thuy Tien immediately proposed to distrain the female CEO's assets, shocking reasons - Photo 3

At this time, the court will study the case file, assess the nature of the case, the level of danger of each accused to make a decision to change the prevention measures (guarantee, ban from leaving the place of residence, etc.) ) or continue to issue a decision/temporary detention order against Ms. Hang and other defendants in the case.

Further discussion, Lawyer Le Van Binh, Ho Chi Minh City Bar Association said that according to the provisions of Clause 2, Article 174 of the Criminal Procedure Code, the Procuracy can only return the additional investigation file twice.

Meanwhile, up to now, the Procuracy has returned the file three times in September 2022, November 2022 (after importing case files from Binh Duong Provincial Police) and most recently February 2023. (return the file to clarify the role of Mr. Dang Anh Quan).

Thus, according to the above provisions, in the near future, the Procuracy will have to issue an indictment because it has exhausted its right to return additional investigation files. In case during the trial stage, if it is deemed necessary to clarify matters in the case or show signs of omission of crimes, the presiding judge or the trial panel still has the right to return the file for additional investigation.

Phuong Hang has just been detained, Thuy Tien immediately proposed to distrain the female CEO's assets, shocking reasons - Photo 4

LS Binh also said that throughout this case from the investigation stage to the prosecution stage, Hang's son repeatedly asked to bail his mother out, but the Investigation Agency and the People's Procuracy of Ho Chi Minh City did not solve this request because considering the nature and influence of Ms. Hang on public opinion is very large. Therefore, at the trial stage, it is unlikely that Ms. Hang can change or cancel the detention measure.

While Phuong Hang continued to be detained, Thuy Tien suddenly made a new announcement.

Specifically, the lawyer of singer Thuy Tien (full name is Tran Thi Thuy Tien) is Mr. Nguyen Duc Hoang (law office of Phan Law Vietnam) said that this female singer has submitted an application to the People's Procuracy of Ho Chi Minh City. blocked accounts, distraint 2 land use rights and assets attached to land in District 1, District 3 (HCMC) and shares in Dai Nam Joint Stock Company owned by Ms. Hang.

Phuong Hang has just been detained, Thuy Tien immediately proposed to distrain the female CEO's assets, shocking reasons - Photo 5

The purpose of the above requirement is to ensure the enforcement of the judgment. In this regard, a separate source from the People's Procuracy of Ho Chi Minh City (Procuracy) said that the application had been received from singer Thuy Tien, but how to handle it has not been announced.

Phuong Hang has just been detained, Thuy Tien immediately proposed to distrain the female CEO's assets, shocking reasons - Photo 6

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