Ms. Nguyen Phuong Hang's case: Disparaging children at livestreams is an aggravating circumstance

Vietnamese law recognizes, guarantees and protects the right to freedom of expression, but also protects the honor, dignity and prestige of all citizens. Acts of abusing democratic freedoms, going beyond the limits of freedom of speech, infringing upon the honor and dignity of others, are violations of the law.

The Investigative Police Department of Ho Chi Minh City Police has completed the investigation conclusion and transferred the People's Procuracy of the same level to propose the prosecution of defendant Nguyen Phuong Hang (51 years old, General Director of Dai Nam Joint Stock Company) on the crime of taking advantage of the crime. democratic freedoms and rights that infringe upon the interests of the State and the legitimate rights and interests of organizations and individuals according to Article 331 of the 2015 Penal Code.

Previously, Binh Duong Provincial Police also completed investigation conclusions to propose prosecution of accused Hang and transferred the case file of Ms. Nguyen Phuong Hang to Ho Chi Minh City Police to combine the case for handling according to the prosecution process. chant. At the live broadcasts, Ms. Hang spoke about the secrets of her personal life and the content that affected the reputation and honor of many people.

Individuals who have submitted a denunciation to the Ho Chi Minh City Police include Mr. Vo Nguyen Hoai Linh (artist Hoai Linh), Ms. Nguyen Thi My Oanh (singer Vy Oanh), Ms. Dang Thi Han Ni (Korean journalist). Ni), Mr. Nguyen Duc Hien (journalist Duc Hien), Mrs. Dinh Thi Lan, Ms. Tran Thi Thuy Tien (singer Thuy Tien) and her husband Mr. Le Cong Vinh (former player Cong Vinh).

Sharing with reporters, Dr. Ls. Dang Van Cuong, Head of Chinh Phap Law Office, Hanoi Bar Association, said that Vietnamese law has a lot of provisions on protecting the honor, dignity and reputation of citizens, especially is for children. Acts of infringing upon the honor and dignity of citizens are violations of the law. Those who commit acts of infringing upon the honor and dignity of others will be administratively sanctioned or examined for penal liability.

For the livestreams mentioning the singer Vy Oanh, Dr. Lawyer Dang Van Cuong said that the proceeding agency will collect all video clips posted on social networks to determine the behavior, causes, motives and assess the consequences that the criminal act has caused. caused to society, with organizations and individuals as a basis for accusations and implementation of crime prevention solutions.

Vietnamese law recognizes, guarantees and protects the right to freedom of expression, but also protects the honor, dignity and prestige of all citizens. Acts of abusing democratic freedoms, going beyond the limits of freedom of speech, infringing upon the honor and dignity of others, are violations of the law.

The person who commits the act may be examined for penal liability according to the provisions of Article 331 of the Penal Code when the act is determined to cause adverse consequences to security and order, social safety, infringes upon the interests of the State, legitimate rights and interests of organizations and individuals.

The act of giving false information, fabricating, slandering, insulting the honor and dignity of others is a violation of the law, if such act causes serious consequences because the victim files a complaint. If they report or denounce, the person who commits this act may be examined for penal liability for slander under Article 156 of the Penal Code or for humiliating others as prescribed in Article 155 of the Penal Code.

In case the victim does not file a denunciation, does not request handling of acts that are publicly posted on cyberspace, adversely affecting security, order and social safety, there is no need to file a denunciation. The victim's accusations and denunciations, the investigative agency can still investigate, clarify and take criminal action according to article 331 of the Penal Code for the crime of abusing democratic freedoms to infringe upon the interests of the state. lawful rights and interests of organizations and individuals.

In case the procedural authorities have grounds to conclude that the accused has committed a crime that infringes upon the legitimate rights and interests of an individual being a child (person under 16 years old), this may be determined. is an aggravating circumstance for penal liability. Committing a crime against a person under 16 years of age can be determined as a penalty framing circumstance or an aggravating circumstance specified in Article 52 of the Penal Code", lawyer Dang. Van Cuong information.

According to the lawyer, in recent years, investigative agencies in many localities have prosecuted many subjects for the crime of abusing democratic freedoms to infringe upon the interests of the state, the legitimate rights and interests of organizations and individuals. Many subjects were handled with strict legal sanctions.

In the case of Nguyen Phuong Hang, the agency conducting the proceedings will clarify which acts are determined to be abuses of democratic freedoms and which have infringed upon the interests of organizations and individuals. , to what extent has the consequences caused. In particular, it will be clear which victims are children and people under 16 years old. In case the act is determined to be a crime against a child, it is an aggravating circumstance of criminal liability.

The investigation results showed that artist Hoai Linh and singer Vy Oanh were both insulted by Ms. Hang in 9 livestreams from April 28, 2021 to January 8, 2022. For journalists Han Ni and Duc Hien, this number is 22 and 12 sessions, respectively, during the period September 3, 2021 - February 28, 2022.

With the remaining victims in the case, the couple Cong Vinh - Thuy Tien were offended in 3 livestreams, singers Dam Vinh Hung and Mrs. Dinh Thi Lan were insulted in 14 and 3 sessions. Speaking to the investigative agency, Ms. Hang admitted to insulting the above individuals for different reasons.

Hang claimed that her statements on the livestream were due to reading online, reading newspapers and dreaming, so they have not been verified and have no proof.

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