Nguyen Phuong Hang's case: Legality of Binh Duong Police's prosecution of the case

Although Nguyen Phuong Hang's behavior is the same subject of criminal law violations, it is different in terms of the person being violated.

On April 22, Colonel Trinh Ngoc Quyen, Director of Binh Duong Provincial Police said that Binh Duong Provincial Police had prosecuted a case related to the denunciations of Ms. Nguyen Phuong Hang (General Director of Dai Nam Joint Stock Company). Male).

Specifically, the Public Security Bureau of Binh Duong Province prosecuted the case "Abusing democratic freedoms to infringe upon the interests of the State, and the legitimate rights and interests of organizations and individuals" according to Article 331 of the Ministry of Finance. Criminal Law 2015, amendments and supplements in 2017.

Colonel Quyen informed that the content of the case that the Public Security Bureau of Binh Duong Province was the same as the case that the investigating agency, the Ho Chi Minh City Police had prosecuted related to Ms. Nguyen Phuong Hang. According to lawyer Nguyen Van Nhan, Ho Chi Minh City Bar Association, with the same behavior, the Investigation Agency of Ho Chi Minh City and Binh Duong province have prosecuted and investigated according to their competence.

It can be seen that this prosecution does not overlap the jurisdiction of the two procedural authorities as prescribed in Article 163 of the 2015 Criminal Code. Because Nguyen Phuong Hang's behavior is the same subject of criminal law violations, but in terms of the defendant. Invasion is different. The accuser Nguyen Phuong Hang in the Ho Chi Minh City Police Department is singer Vy Oanh... and the accusers of Nguyen Phuong Hang at the Binh Duong Police Department include: Singer Dam Vinh Hung, singer Thuy Tien, Cong Vinh, family and friends. Han Ni newspaper, journalist Nguyen Duc Hien.

At the same time, where Ms. Hang committed crimes in different administrative boundaries (provinces, cities) and the nature and extent of violations are also different, the prosecution of Binh Duong Police is not jurisdictional overlap. The case is being prosecuted and investigated by two investigative agencies in Ho Chi Minh City and Binh Duong, although they have the same crime, but if they want to import and separate the case, they must comply with the criminal procedure law.

Specifically, Article 170 and Article 242 of the 2015 Criminal Procedure Code only stipulate that when the case is handled by the investigating agency or the Procuracy in the same province/city, the case can be considered to be imported for investigation. Therefore, in this case, the case cannot be entered.

Whether Nguyen Phuong Hang can be prosecuted for many crimes or not depends on the investigation agency's process of determining the crime. In case, the investigating agency deems that Nguyen Phuong Hang still has signs of humiliating others (or any other crime), it also has the right to additionally prosecute with new charges.

The crime of humiliating others according to Article 155 of the Penal Code and 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 are two other constitutive crimes together. Therefore, it cannot be considered that once an individual has been handled for the crime of abusing democratic freedoms and infringing upon the interests of the State, the legitimate rights and interests of organizations and individuals cannot be handled. the crime of humiliating others if there are enough signs of the crime of humiliation.

Previously, Ms. Nguyen Phuong Hang was issued Decision No. 190-01/QD by the Ho Chi Minh City Police Department of Investigation and Investigation on the prosecution of the criminal case "Abusing democratic freedoms to infringe upon the interests of the State, legitimate rights and interests of organizations and individuals", prescribed in Article 331 of the Penal Code; and at the same time issued Decision No. 300-50/QD on the prosecution of the accused.

Order of arrest of the accused for temporary detention No. 300-04/LB and Search Order No. 300-07/LKX against Nguyen Phuong Hang (born in 1971, permanent residence 17-19 Ngo Duc Ke, Ben Nghe ward, District 1; General; Director of Dai Nam Joint Stock Company) about the above behavior. For a long time, Ms. Nguyen Phuong Hang regularly livestreamed "unmasking", insulting many artists, lawyers and journalists.

In Binh Duong, on March 19, right at Dai Nam Tourist Area (Cultural, Tourism and Sports tourist area), Mr. Huynh Uy Dung (Dung Lo Lime, Chairman of the Board of Directors of Dai Nam Joint Stock Company) and Ms. Nguyen Phuong Hang participated in a series of horse racing, dog racing events and interacted with Ms. Nguyen Phuong Hang.

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