The lawyer spoke out about the case of Nam Thu suing the homestay owner's wife, the truth will be handled?

Recently, the District 10 Police (Ho Chi Minh City) said that it had received for classification, verification and handling according to regulations on the denunciation of Tran Thi Nam Thu (i.e. actor Nam Thu, 34 years old, from Ba Ria - Vung Tau).

When declaring, Nam Thu provided a certificate and evidence of information on social networks which, according to this actor, had defamation, insulted honor and reputation, causing heavy damage to her.

"Nam Thu was canceled all media contracts, advertisements, game show recordings, television projects, acting, film projects... The total damage is up to billions of VND. Damage to image, honor and reputation. Mental damage," said Nam Thu company.

Many fans are curious about when the police will deal with Nam Thu's complaint.

Lawyer Tran Minh Hung - Head of Family Law Office (Ho Chi Minh City) Ho Chi Minh City) said that according to the provisions of Article 147 of the Criminal Procedure Code 2015 guided by Articles 9 and 11 of the Joint Circular 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC, the time limit for settling denunciations, crime reports, and prosecution proposals is 20 days from the date the competent authority receives the denunciation, information on crimes, prosecution proposals.

For denunciations, crime reports, prosecution proposals with many complicated circumstances or subject to examination and verification in many localities, the time limit for settlement may be extended but must not exceed 02 months from the date of receipt of denunciations, information on crimes or prosecution proposals falling under the settling competence.

"In case the inspection and verification cannot be completed, if there are grounds, the time for inspection and verification may be extended but must not exceed 02 months from the expiration of the time limit. Thus, the time limit for settling denunciations, crime reports, and prosecution proposals in accordance with law is 04 months from the date of receipt of denunciations, crime reports, and prosecution proposals under its jurisdiction.

If the authorities after investigation and verification determine that it is a violation, depending on the severity of the violation, the violator may be administratively sanctioned or examined for criminal liability," said lawyer Hung.

Accordingly, if it is determined that the act of posting information on the social networking sites of the above accounts is false and fabricated to offend the honor and dignity of actor Nam Thu, according to the provisions of Point a, Clause 1, Article 101 of Decree 15/2020/ND-CP (amended by Decree 14/2022/ND-CP), violators may be administratively sanctioned from VND 10,000,000 to VND 20,000,000 for the act of "Providing and sharing fake information, false information, distorting, slandering, insulting the reputation of agencies, organizations, honor and dignity of individuals".

If there are sufficient elements constituting a crime, the offender may be prosecuted for criminal liability for the crimes of slander, the crime of humiliating others, the crime of abusing democratic freedoms to infringe upon the interests of the State, the legitimate rights and interests of the organization, etc individuals or the crime of extorting property for acts of threatening to extort money according to the provisions of the Criminal Code 2015 amended and supplemented in 2017.

"In addition, the violator may have to compensate for all actual damage caused together with a compensation for mental loss to Nam Thu for his violation in accordance with the provisions of Article 592 of the Civil Code 2015 and guided by Resolution 02/2022/NQ-HDTP", Lawyer Hung said.

According to the male lawyer, if the content of the denunciation and report about Nam Thu's crime is false, depending on the severity of the violation, Nam Thu may face administrative sanctions or criminal prosecution. Pursuant to Article 9 of Ordinance 02/2022/UBTVQH15 sanctioning administrative violations for acts of obstructing procedural activities, a fine of up to VND 15,000,000 is prescribed for acts of denouncing and reporting false crimes.

If there are all signs constituting a crime, Nam Thu may be prosecuted for the crime of slander according to the provisions of Article 156 of the Criminal Code 2015 amended and supplemented in 2017 for the act of fabricating others to commit a crime and denouncing them before the competent authority.

Chính thất tố Nam Thư lộ ảnh "lên đồn", vẫn đăng đàn "khịa" đối phương Hoàng Phúc14:54:28 12/09/2024Vợ chủ homestay - chủ tài khoản Zyy Doo - người tố Nam Thư có mối quan hệ mờ ám với chồng cô mới đây bất ngờ đăng tải hình ảnh tại cơ quan chức năng. Động thái của cô khiến dân mạng tò mò.