Revealing the real reason to release 4 flight attendants transporting banned substances: Experts get involved

On the afternoon of March 22, the Ministry of Public Security said that the Ho Chi Minh City Police Department of Investigation had made a decision to release four flight attendants of Vietnam Airlines.

According to the authorities, these flight attendants did not know that 327 tubes of toothpaste received were hidden, so there were not enough grounds for criminal prosecution.

Analyzing the legal situation about this incident, Dr., lawyer Dang Van Cuong - Head of Chinh Phap Law Office, said that the initial information, when detected in the luggage of 4 flight attendants, contained banned substances. With a very large number, this situation has signs of crime, so the Ho Chi Minh City Police Investigation Police Agency conducts criminal detention, verification and clarification.

"According to the law, in the process of verifying information, the process of temporary detention to clarify acts showing signs of law violation, if the results of behavior verification do not satisfy the signs of crime. The investigation agency will release the suspect. It is not surprising that the four flight attendants of Vietnam Airlines are freed," said Mr. Cuong.

Lawyer Dang Van Cuong acknowledged that, in fact, many people confuse the two concepts of "catching offenders in the act" and "caught in the act of people suspected of committing dangerous acts".

According to the provisions of law, it is only considered "to catch the offender in the act" if there are grounds to show that such person has committed an act that is dangerous to society, an act that fully satisfies the signs of a crime. offense.

If the case "caught in the act of a person suspected of committing a dangerous act" but there is no evidence that the behavior satisfies the signs of a crime, it can only be temporarily detained (but not urgently arrested). arrested for temporary detention) for verification, upon the expiration of the verification time limit, if the behavior cannot be proved to satisfy the signs constituting a crime, the person held in custody must be released...

Mr. Cuong cited Article 118 of the 2015 Criminal Procedure Code, which stipulates the time limit for custody: "The time limit for custody shall not exceed 3 days from the time the investigating agency or agency is assigned to carry out a number of activities. investigate and receive the detainee or arrested person or escort the detainee or arrested person to their headquarters or since the investigating authority issues a decision on temporary detention of the offender confessing or surrendering.

In case of necessity, the person who issues the custody decision may extend the time limit for custody but not exceeding 3 days. In special cases, the person who issues the custody decision may extend the time limit for custody for the second time but for no more than 3 days.

While in custody, if there are not enough grounds to prosecute the accused, the investigating agency or the agency assigned to conduct a number of investigating activities must immediately release the person in custody; in case the temporary detention period has been extended, the procuracies must immediately release the persons held in custody".

This lawyer said that the law stipulates that the total time of custody shall not exceed 9 days, after the expiration of this time limit, it is not possible to prove that the person held in custody committed a crime or an act that does not satisfy the constitutive signs. Criminals must be released from custody.

"However, with 4 flight attendants, it is less than 9 days, not yet the maximum time limit that the investigation agency has released, proving that in the past few days, the verification results show that the flight attendants do not know. This is a banned substance, so the behavior does not satisfy the signs that constitute a crime specified in Article 250 of the Penal Code," said Lawyer Dang Van Cuong.

Also on March 22, the Ho Chi Minh City Public Security Investigation Agency issued a decision to prosecute a criminal case, continuing to expand the investigation, prosecution and handling of the people involved in accordance with the law, Mr. Cuong said. affirmed that this is a complicated and serious case, involving many people and causing confusion in public opinion, so the authorities will verify and clarify to draw conclusions on how to handle according to the provisions of law. the law.

4 tiếp viên mang chất cấm về VN chính thức nhận quả đắng: Được trả tự do nhưng không thoát tội BìnhYên09:41:38 24/03/2023Thông tin Cơ quan CSĐT Công an TP.HCM trả tự do cho 4 tiếp viên hàng không Vietnam Airlines đang được dư luận đặc biệt quan tâm. Nhiều người lo ngại việc đương sự khai không biết hàng hóa là chất cấm sẽ tạo nên tiền lệ xấu.