H.ot developments in the Fang Hang case: Are the 'right hands' about to be warehoused?

Previously, during the detention process, Ms. Nguyen Phuong Hang's son Mr. Nguyen Quang Tuan (SN 1990, located in District 7, HCMC) sent an application to the HCMC People's Office and the Ho Chi Minh City Police. HCM paid VND10 billion to bail his mother. However, Tuan's application was not accepted.

HCMC KSND Institute Ho Chi Minh City has returned the 2nd application, requesting the Ho Chi Minh City Police Registration Agency. HCMC investigated additionally, clarifying the role of those who showed signs of accomplices with Ms. Nguyen Phuong Hang. Accordingly, on November 29, the source of information said that this time to return this file to request additional investigation, the HCMC Institute of Civil Engineering. HCM further proposed to clarify the role of some people who have the role of accomplices with CEO Dai Nam.

Earlier, in September last year, the HCMC Institute of Civil Engineering. HCM once returned the application, also requesting additional investigation of the above circumstance. The source also said that the Ho Chi Minh City Police Department. HCMC has just issued a decision to extend Ms. Hang's detention for another 2 months to ensure compliance with procedural regulations.

Accordingly, Ms. Nguyen Phuong Hang was prosecuted for "Abusing the rights to freedom and democracy to infringe upon the interests of the State, the legitimate rights and interests of organizations and individuals." Since being prosecuted (March 2022), Ms. Hang has been detained until now and the prosecution authorities have extended it several times.

Previously, during the detention process, Ms. Nguyen Phuong Hang's son Mr. Nguyen Quang Tuan (SN 1990, located in District 7, Ho Chi Minh City) sent an application to the HCMC People's Office and the HCMC Police to pay VND 10 billion to bail his mother. However, Tuan's application was not accepted.

Previously, Lawyer Nguyen Van Hau (Standing Member of Vietnam Bar Federation, Vice President of Ho Chi Minh City Bar Association) HCM) said that by being proposed for prosecution under Clause 2, Article 331 of the 2015 Penal Code for abusing the rights to freedom and democracy to infringe upon the interests of the State, the legitimate rights and interests of organizations and individuals, the maximum sentence Hang faces is 7 years in prison. Comparing the provisions on classification of crimes under Article 9 of the 2015 Penal Code, this case is classified as a serious crime.

According to Article 173 of the 2015 Criminal Procedure Code, for serious crimes, the maximum detention period is 3 months. In case the case has many complicated circumstances, considering that a longer time is required for investigation and there are no grounds to change or cancel the detention measure, the investigating agency has the right to request an extension of detention. The extension period of detention for serious crimes is a maximum of 2 months.

Mr. Hau assessed that with Ms. Hang's case, the Ho Chi Minh City Police. Ho Chi Minh City's detention of the accused for 3 months at the time of prosecution of the accused and the extension of detention for another 2 months on June 21 is justified and in accordance with the law

By August 18, HCMC VKSND. HCMC detained Ms. Hang for another 20 days after the Ho Chi Minh City Police HCM completes the conclusion of the investigation and transfers the file for prosecution. During this period, VKS reserves the right to apply, change or cancel preventive or coercive measures.

Considering that Ms. Hang's case has no grounds to cancel the blocking measure, VKS applied the 20-day detention period coinciding with the time limit for deciding to prosecute Ms. Nguyen Phuong Hang as prescribed. On 6/9, VKSND HCMC. HCM made a decision to return the file for additional investigation.

During this period, the investigating agency has the right to apply detention measures, but not beyond the additional investigation period, i.e. 2 months. Therefore, Ms. Hang's continued detention period of 1 month and 27 days by the Ho Chi Minh City Police, according to Hau, is appropriate.

For the development of the HCMC VKSND. HCMC receives the dossier and conclusion of additional investigation from the Ho Chi Minh City Police. HCMC and imposed detention measures on Ms. Hang from November 4, Vice President of the Ho Chi Minh City Bar Association. HCM said at this stage, the case will return to the review stage of deciding the prosecution. At that time, VKS has 20 days to decide whether to prosecute the accused Nguyen Phuong Hang or return the file to request additional investigation or suspend or temporarily suspend the case; suspension or suspension of the case against the accused.

During this period, VKS reserves the right to impose detention measures on the accused. The detention period must not exceed 20 days and in case of necessity, the Director of the HCMC VKSND. HCMC may extend the time limit for deciding the prosecution and the time limit for imposing detention measures by 10 days because it is a serious crime. Thus, from 4/11, Ms. Nguyen Phuong Hang may be subject to the HCMC People's Committee. A maximum of 30 more days of detention is imposed.

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