What is the sentence for Ms. Hang Dai Nam’s imprisonment for abusing freedom and democracy to infringe upon State and personal interests?

The police agency read the decision to prosecute the case, prosecute the accused, and take Nguyen Phuong Hang into custody. (Photo: Government Portal)

On the evening of March 24, the Ho Chi Minh City Public Security Portal announced the prosecution of a criminal case, the prosecution of the accused and the arrest warrant, detention order, and search warrant for Nguyen Phuong Hang (born in 1971, permanent resident 17-year old). 19 Ngo Duc Ke, Ben Nghe Ward, District 1; General Director of Dai Nam Joint Stock Company) for the act of “abusing democratic freedoms to infringe upon the interests of the State, the legitimate rights and interests of the organization.” organizations and individuals”, prescribed in Article 331 of the Penal Code.

The above Decisions and Orders have been approved by the People’s Procuracy of Ho Chi Minh City.

According to the announcement of the Ho Chi Minh City Police, Nguyen Phuong Hang took advantage of her influence, used the functions of social networks on the internet, organized many live broadcasts of unverified information content, linked concerns the private lives of others; in which use insulting words, insulting honor and dignity.

During the investigation process, Nguyen Phuong Hang did not cooperate, disregarded the law, many times organized many people to go to the private houses of individuals with conflicts, causing insecurity and disorder in Ho Chi Minh City and other locations. other side.

Currently, the Ho Chi Minh City Police are continuing to investigate and clarify the case to handle it in accordance with the law.

According to a leader of the Ho Chi Minh City Police, the initial proceedings against the accused Nguyen Phuong Hang have just been completed at 19:00.

According to lawyer Hoang Tung (Head of Trung Hoa Law Office, Hanoi Bar Association): “Abusing democratic freedoms infringes on the interests of the State, the legitimate rights and interests of organizations. is an act of violation of administrative order.

Democratic rights are the internal demands and needs of each individual, as a citizen, towards democratic legal principles and standards in a democratic social institution in order to ensure participation and participation. participate freely and equally in the affairs of the State. However, acts that exceed democratic freedoms, infringe upon the interests of the State, and the legitimate rights and interests of individuals and organizations are prohibited by law and impose strict sanctions.

In this case, defendant Nguyen Phuong Hang’s act of abusing freedom of speech and freedom of the press to use livestream (live-streaming) social networks to accuse many artists of stealing money donated to the Central region was affected. Affected by the floods in 2020 can be identified as lashing out, insulting, libelous, defamatory, insulting to honor and personal dignity”.

According to the lawyer, it is not possible to determine the defendant’s motive for committing the act, but it can be determined that the fault is intentional for the defendant’s behavior. The penalty frame for the crime of ”Abusing democratic freedoms to infringe upon the interests of the State, the legitimate rights and interests of organizations and individuals” is defined in two frames.

Penalties Crime of abusing democratic freedoms
In Article 331 of the 2015 Penal Code, specific penalties are imposed for abusing democratic freedoms to infringe upon the interests of the State and the legitimate rights and interests of organizations and individuals as follows:
1. Those who abuse the rights to freedom of speech, freedom of the press, freedom of belief and religion, freedom of assembly, association and other democratic freedoms to infringe upon the interests of the State, rights lawful interests of organizations or individuals, they shall be subject to warning, non-custodial reform for up to 3 years or a prison term of between 6 months and 3 years.
2. Committing the crime, causing adverse effects on social security, order and safety, the offenders shall be sentenced to between 02 and 07 years of imprisonment.

Tien Dung