Bà Nguyễn Phương Hằng "sáng cửa" được nhẹ tội khi Công an Bình Dương và TP.HCM nhập vụ án
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If Ms. Hang has dual citizenship and is not eligible for immunity as prescribed, the procedural authorities will naturally apply Vietnam's Penal Code.
Regarding the case of Ms. Nguyen Phuong Hang (SN 1971), on April 15, Ho Chi Minh City Police worked with Vo Minh Dien, owner of the YouTube channel "Dien Vo Vlog" and many related people. The female CEO is being detained for 3 months to investigate the crime of "abusing democratic freedoms to infringe upon the interests of the State, the legitimate rights and interests of organizations and individuals", according to Article 331 of the Penal Code. 2015 (amended and supplemented in 2017).
To serve the investigation, the Ho Chi Minh City Police has established the criminal record of the accused Nguyen Phuong Hang. Accordingly, Ms. Nguyen Phuong Hang was formerly named Nguyen Thi Thanh Tuyen (born on January 26, 1971). In 2010, Ms. Nguyen Thi Thanh Tuyen changed her name to Nguyen Phuong Hang.
When she was still named Thanh Tuyen, she used to denounce Mr. D.Ä.G (disciple Truong Van Cam, ie Nam Cam). Ms. Tuyen has known D.D.G since 1996. In 1997, she returned to live with Mr. G. as husband and wife in a house in Tan Binh district, HCMC. After many years of living, Ms. Tuyen bought this house for 52 taels of gold.
However, during the time she lived with Mr. G., Ms. Tuyen was often beaten, so she sent home papers to her biological mother. In 1998, Mr. G. forced Ms. Tuyen to write a paper with his name and Ms. Tuyen co-owned and then kicked her out of the house. During the investigation of the Truong Van Cam case, Mr. D.D.G. was sentenced to 7 years in prison for the crime of "appropriating property".
On April 17, Ho Chi Minh City Police said to expand the investigation. In addition to the Vietnamese nationality, Ms. Hang has the citizenship of the Republic of Cyprus (Cyprus). Regarding the fact that Ms. Nguyen Phuong Hang has dual citizenship, lawyer Luu Tan Anh Toan (Director of Luu Vu Law Firm) said that if Ms. Hang has dual citizenship and is not eligible for immunity under the law, Ms. provided for in Clause 2, Article 5 of the Penal Code, of course, the procedural authorities will apply Vietnam's Penal Code to deal with them strictly, objectively, with the right person and with the right crime.
According to lawyer Vo Dan (Director of TA PHA Law Firm), based on Article 5 of the Penal Code, the fact that Hang has dual citizenship does not affect the investigation and handling process. That is, the Penal Code is applied to handle all criminal acts committed in the territory of Vietnam, regardless of whether the perpetrator is a Vietnamese citizen, a multi-national or a foreigner.
In some cases related to diplomatic immunity, commitments in international treaties (international treaties) to which Vietnam has acceded or signed, foreigners committing crimes in Vietnam are subject to this subject, the issue of liability their criminal cases shall be resolved according to the provisions of the international treaty or according to such international practice. However, Ms. Hang is not eligible for diplomatic immunity as stipulated in the Ordinance on Privileges and Immunities for diplomatic missions, consular offices and representative offices of international organizations in Vietnam. Vietnam on August 23, 1993 of the National Assembly Standing Committee; Decree No. 73-CP dated July 30, 1994 of the Government.
"Accordingly, the investigating agency will still handle it according to the usual procedural order and procedures, applying the same handling mechanism as a foreigner who commits a crime in the Vietnamese territory. Vietnamese law. South will be applied to handle," said Mr. Denmark.
Sharing the same view, Dr. Nguyen Huu The Trach (Ho Chi Minh City Bar Association) said that currently, Vietnam and the Republic of Cyprus do not have international treaties, in case Ms. Hang commits a crime, she is still a Vietnamese citizen first, so the agency should Competent authorities will apply Vietnamese law to handle.
However, during the proceedings, the Embassy of the Republic of Cyprus wants to visit and information about its citizens, the procedural authorities still create conditions for contact within the consular diplomatic sphere to obtain information. In addition, there are no other exceptions," said lawyer The Trach.
Con trai bà Phương Hằng làm đơn xin khoan hồng, giảm nhẹ tội: "Mẹ tôi đã nhận thức được sai phạm" Jennie15:07:13 05/10/2022Ông Tuấn làm đơn xin khoan hồng, giảm nhẹ hình phạt cho mẹ mình với lý do từ trước đến nay bà Nguyễn Phương Hằng đã có nhiều đóng góp trong hoạt động từ thiện, nhân đạo, nhất là trong đại dịch Covid-19
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