Revealin.g the reason only "forbidden to leave the place of residence" with Le Tung Van, but not in detention

RoséJan 07, 2022 at 16:01

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Currently, the sentence for the "grandfather teacher" is a topic of great public interest!

Regarding the case of the Bong Lai Pure House, which is causing a stir in public opinion, Dr., lawyer Dang Van Cuong - Hea.d of Chinh Phap law office has analyzed the investigation agency's application of preventive measures. ban from leaving the place of residence for defendant Le Tung Van, instead of arresting him. "In principle, after prosecuting a criminal case due to signs of crime, the investigating agency will continue to consider and clarify the role of the suspects in order to prosecute the accused and apply other measures. prevention measures.

Revealing the reason only "forbidden to leave the place of residence" with Le Tung Van, but not in detention - Photo 1

The prosecution of the case and the prosecution of the accused are different procedural decisions, with different legal consequences. The prosecution of the case and the prosecution of the accused can be carried out at the same time or it is also possible to prosecute the case first, then investigate, in the course of the investigation to clarify the behavior of the accused who will prosecute that defendant. ", Dr. LS Cuong explained.

According to lawyer Cuong, if the case is only prosecuted, it will not directly affect the interests of any individual, but when the accused is prosecuted, it will be determined specifically who committed the law violation. , and will apply preventive measures in accordance with the law. During the investigation, the investigating agency will prosecute the accused for the crimes that have been prosecuted before.

Revealing the reason only "forbidden to leave the place of residence" with Le Tung Van, but not in detention - Photo 2

It is possible to prosecute a defendant with many crimes, according to which different preventive measures will be applied according to the provisions of the 2015 criminal procedure code, Mr. Dang Van Cuong said, the offender "abuses" democratic freedoms that infringe upon the interests of the State, the legitimate rights and interests of organizations and individuals", the lowest penalty according to Clause 1, Article 331) is a warning, non-custodial reform. up to 3 years or imprisonment from 6 months to 3 years, the maximum penalty is 7 years in prison (Clause 2, Article 331).

In case the accused is prosecuted under Clause 1, Article 331, it can be assessed as less serious according to the provisions of law, so the measure of banning from leaving the place of residence may be applied. 3 cases of being detained in custody in the case occurred in Tinh That Bong Lai, maybe these defendants belong to the cases of having no clear place of residence, absconding, obstructing investigation activities...

Revealing the reason only "forbidden to leave the place of residence" with Le Tung Van, but not in detention - Photo 3

According to lawyer Cuong, the current law also stipulates for the accused and defendants who are pregnant or nursing women under 36 months of ag.e, are elderly and weak, seriously ill people with a place of residence and background. obviously, not temporary detention but apply other preventive measures (except for cases where detention is compulsory). Defendant Le Tung Van, if determined to be elderly and weak, can be considered in this case to apply the measure of banning leaving the place of residence.

The scandalou.s events at Tinh That Bong Lai have happened for many years, so it is no longer a strange thing to the people, especially to those living nearby. According to Mr. D., a person near Thien am, this place suddenly became "famous" around 2016-2017, after spreading false news on social networks that there were "thousand-year-old Udumbara flowers blooming here. ".

Revealing the reason only "forbidden to leave the place of residence" with Le Tung Van, but not in detention - Photo 4

After that, two people living here claiming to be monks went to a bolero singing contest, then a group of young people went to the "Comedian Challenge" contest and won the top prize. The clima.x was when a group of people went to Tinh That to find their daughter and then there was a scuffle, causing injury and leading to accusations and lawsuits in court.

After that, a series of other pressing issues caused public opinion such as claiming to be a religious establishment, taking advantage of religious activities. In addition, some people here have repeatedly posted on social networks untrue information, affecting local security and order and the reputation of the local government...

Revealing the reason only "forbidden to leave the place of residence" with Le Tung Van, but not in detention - Photo 5

Revealing the reason only "forbidden to leave the place of residence" with Le Tung Van, but not in detention - Photo 6

"Because of many things happened, many people noticed and cared about Tinh That Bong Lai. However, as a local, I saw that the gate of the Bong Lai Pure House was often closed, the notice board temporarily stopped receiving guests. are also often pasted on the door" - Mr. said.

According to Ms. NTV, also near the Bong Lai Tinh That, local people rarely see inside. "Sometimes, a few charity groups come, they open the door and close it right away. The people living in it go out but have almost no contact with their neighbors and keep an isolated attitude from outsiders. All activities Their work is done quietly inside the fence and the door is always closed," said Mrs. V.

Revealing the reason only "forbidden to leave the place of residence" with Le Tung Van, but not in detention - Photo 7

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