The Nemo page appealed, asked for a suspended sentence, showed a strange attitude to the pregnancy rumors, fans wondered 1 thing!

Recently, Trang Nemo and 3 accomplices Pham Quyen Quy, Nguyen Ngoc Khuong (both 23 years old), and Phan Hoang Nam (24 years old) in the case of public disorder have submitted an appeal to the People's Court of District 1. HCMC.

Accordingly, the defendants: Trang Nemo, Quy and Khuong applied for suspended sentences. And defendant Hoang Nam asked to reduce the punishment.

Previously, on June 23, Ms. Pham Le Khanh - who has related rights and obligations in the case of public disorder caused by Nguyen Xuan Huong Trang (Trang Nemo) and accomplices filed an appeal. report to the People's Court of Ho Chi Minh City and the People's Court of District 1 (HCMC).

Ms. Khanh appealed a part of the first-instance criminal judgment issued by the People's Court of District 1, Ho Chi Minh City on June 16.

According to the appeal, Ms. Khanh said that the District 1 People's Court only tried defendants Nguyen Xuan Huong Trang, Pham Quyen Quy, Nguyen Ngoc Khuong, and Phan Hoang Nam for causing public disorder under Clause 1, Article 318 of the Code. Criminals 2015, amended and supplemented in 2017, prosecuted by the People's Procuracy of District 1, Ho Chi Minh City.

However, through the documents and evidences contained in the case file, which were publicly appraised at the first-instance trial, in addition to the crimes the defendants prosecuted by the Procuracy, the defendants also showed signs of intentional crimes. causing injury according to Clause 1, Article 134 of the Penal Code 2015, amended and supplemented in 2017.

Therefore, Ms. Khanh asked the appellate court to cancel the sale of the first-instance judgment announced by the District 1 People's Court to investigate and prosecute more crimes of intentionally causing injury.

Previously, the District 1 People's Court sentenced defendants Nguyen Xuan Huong Trang, Pham Quyen Quy, and Nguyen Ngoc Khuong to 9 months in prison; Phan Hoai Nam was sentenced to 1 year in prison for the crime of disturbing public order.

According to the trial panel, the defendants' actions caused social disorder. Defendant Nam is a person whose criminal record has not been cleared, so a severe punishment is required.

For defendants Trang, Quy, and Khuong, who committed their first crimes, repented and repented, so the jury considered reducing a part of the punishment for the defendants.

On the other hand, MXH is also agitated by the news that Trang Nemo is pregnant. However, for her part, Trang Nemo has kept quiet and has not commented on this issue.

In this case, if the above information is correct, can Nemo Page be able to postpone serving the prison sentence?

Talking to Dan Tri reporter, lawyer Quach Thanh Luc (Director of Legal Law Firm, Hanoi Bar Association) said that in the stage of investigation, prosecution, trial and judgment execution, women will enjoy leniency and have more special rights than men when committing the same crime.

Specifically, the offender being a pregnant woman will be entitled to an extenuating circumstance of penal liability under Point n, Clause 1, Article 51 of the Penal Code 2015. In case there are 2 or more extenuating circumstances, the court The court may apply the provisions of Clause 1, Article 54 of the Penal Code 2015 to decide the penalty level below the lowest level of the applicable penalty frame but must be within the adjacent lighter penalty bracket.

In addition, Article 40 of the Penal Code also stipulates not to apply the highest penalty, not to execute the highest sentence for pregnant women or nursing children under 36 months; not apply community service labor measures to pregnant women or nursing children under 6 months old.

In case a female prisoner is sentenced to death, immediately after receiving a sufficient dossier to bring that judgment into force, the judgment execution council must request the head of the criminal judgment execution agency of the provincial-level police office or The military zone level orders the expulsion of the convict to the hospital under the Department of Health or the military zone-level hospital where the highest convict is being held to check and determine whether that person is pregnant or not. If it is determined that such person is pregnant, the judgment enforcement must be postponed as prescribed in Clause 1, Article 9 of Joint Circular 02/2020 of the inter-Ministry of Public Security, National Defense, Health, Foreign Affairs, People's Court and Supreme People's Procuracy .

In addition, the law also stipulates that women who are pregnant or nursing a child under 36 months old may postpone judgment execution until the child is full 36 months old, based on Point b, Clause 1, Article 67 of the Penal Code 2015.

Even if the woman serving the sentence intentionally becomes pregnant continuously and raises a child under 36 months, she is still entitled to a postponement of judgment execution.

In the case of Trang Nemo, if the information that the defendant is pregnant is true, the court will allow the suspension of the prison sentence to raise the child. After raising a child who is full 36 months old, the defendant will have to execute the sentence in accordance with the law.

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