The case of Ms. Phuong Hang: What should Vy Oanh do if she does not agree with the court's determination to participate in the proceedings?

KengMay 13, 2023 at 19:22

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If Vy Oanh, Dam Vinh Hung, ... do not agree with the status of participating in the proceedings as determined by the court, the person summoned must file a complaint against the decision to bring the case to trial and send it to the court or the procuracies.

On June 1, the People's Court of Ho Chi Minh City will open a first-instance trial for defendant Nguyen Phuong Hang, born in 1971, from An Giang; Former General Director of Dai Nam Joint Stock Company and 4 accomplices for the crime of "abusing democratic freedoms to infringe upon the interests of the State, the legitimate rights and interests of organizations and individuals".

The case of Ms. Phuong Hang: What should Vy Oanh do if she does not agree with the court's determination to participate in the proceedings? - Photo 1

The accomplices include: Dang Anh Quan, Doctor of Law, former lecturer of Ho Chi Minh City University of Law; Nguyen Thi Mai Nhi, former assistant to Nguyen Phuong Hang; Le Thi Thu Ha, former employee of Dai Nam Joint Stock Company; Huynh Cong Tan, former Head of Communications Department of Dai Nam Joint Stock Company.

The trial has 16 lawyers to defend the defendants and protect the legitimate rights and interests of the victims; defendant Nguyen Phuong Hang has 6 lawyers, Dang Anh Quan has 3 lawyers.

The trial panel summoned 12 people with related rights and obligations, including: Mr. Huynh Uy Dung, her husband Nguyen Phuong Hang; Mr. Vo Nguyen Hoai Linh, artist Hoai Linh; Ms. Nguyen Thi My Oanh, singer Vy Oanh; Ms. Dang Thi Han Ni, former journalist Han Ni; Mr. Nguyen Duc Hien, journalist; Ms. Tran Thi Thuy Tien, singer Thuy Tien; Mr. Le Cong Vinh, former football player, husband of singer Thuy Tien; Mr. Huynh Minh Hung, singer Dam Vinh Hung; Ms. Dinh Thi Lan, Ms. Le Thi Giau, Ms. Truong Thi Viet Ha, Nguyen Dinh Kim.

The case of Ms. Phuong Hang: What should Vy Oanh do if she does not agree with the court's determination to participate in the proceedings? - Photo 2

According to the indictment, defendant Nguyen Phuong Hang has conducted many livestreams on cyberspace, speaking with fabricated content, seriously insulting personal reputation and honor; posting on the internet information belonging to personal secrets, family secrets and the private lives of 10 individuals.

In this case, the People's Procuracy of Ho Chi Minh City determined the procedural status of a number of people whom Ms. Phuong Hang was accused of infringing on their privacy, affecting their reputation and honor as "victims". However, according to information from the newspapers, these people were summoned by the court to participate in the trial as "persons with interests and obligations related to the case".

The case of Ms. Phuong Hang: What should Vy Oanh do if she does not agree with the court's determination to participate in the proceedings? - Photo 3

Since then, many people have questioned whether or not the person who is summoned to participate in the proceedings has to do what the court determines and summons.

In this regard, according to MSc. Tran Thanh Thao, lecturer at the Faculty of Criminal Law, Ho Chi Minh City University of Law, in the case Ms. Nguyen Phuong Hang and 4 accomplices were prosecuted and brought to trial for taking advantage of the criminal law. freedom and democracy infringe upon the interests of the State, the legitimate rights and interests of organizations and individuals according to Article 331 of the Penal Code, still consider the people that Ms. , affecting prestige and honor (such as Mr. Vo Nguyen Hoai Linh...) to participate in the proceedings as a victim, not as a person with related rights and obligations.

The case of Ms. Phuong Hang: What should Vy Oanh do if she does not agree with the court's determination to participate in the proceedings? - Photo 4

Because, considering the criminal behavior of Ms. Phuong Hang and 4 accomplices based on the KLD and the indictment, this is an act that directly infringes upon the interests of individuals; those who are infringed are those who are directly affected by the infringing act causing damage to honor and dignity... Meanwhile, Article 62 of the Criminal Procedure Code stipulates that the victim is an individual who directly suffers physical, mental and physical damage. spirit, property, or an agency or organization that suffers damage to property or reputation caused by a crime or threatened to cause it. And the damage in this case is mental damage, specifically related to honor, dignity, and prestige.

The case of Ms. Phuong Hang: What should Vy Oanh do if she does not agree with the court's determination to participate in the proceedings? - Photo 5

According to MSc Thao, in the case of the criminal justice party, the Procuracy summoned these people as victims, but the court decided to bring the case to trial against these people as persons with rights and obligations. If you disagree with your eligibility to participate in the proceedings as determined by the court, you must file a complaint against the decision to bring the case to trial and send it to the court or the procuracies.

The case of Ms. Phuong Hang: What should Vy Oanh do if she does not agree with the court's determination to participate in the proceedings? - Photo 6

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