Mrs. Nguyen Phuong Hang is difficult to have a ‘door’ to be released on bail?

On March 24, Mrs Nguyen Phuong Hang (SN 1971, General Director of Dai Nam Joint Stock Company) was prosecuted and detained by the Ho Chi Minh City Police for investigation of the crime of “abusing democratic freedoms to infringe upon the interests of the State, rights and interests of the State. legitimate interests of organizations and individuals”, according to Article 331.

In addition to the crime that has just been prosecuted, Ms. Hang is also being sued by many individuals such as journalist Nguyen Duc Hien, journalist Han Ni, and Ms. Le Thi Giau – General Director of Binh Tay Food Joint Stock Company….

Ms. Nguyen Phuong Hang at the investigation agency. Photo: Provided by the police

Many people ask, after Ms. Hang is prosecuted, how will civil cases be handled?

According to lawyer Nguyen Thanh Cong (Dong Phuong Law Firm, Ho Chi Minh City Bar Association), in case the civil case is related to the criminal case in which Ms. Hang is prosecuted, the court may apply. Point d, Clause 1, Article 214 of the 2015 Civil Procedure Code to temporarily suspend the settlement of the case on the grounds that: “It is necessary to wait for the settlement of other related cases or the matter prescribed by law to be resolved by another agency or organization first before the case can be resolved.”

It is also necessary to clearly define, the other relationship is determining the error, determining the violation in the case Only civil cases are directly related to the results of accusations and trials in criminal cases.

However, if this relationship is independent, the civil case will still proceed normally. For example, Ms. Hang was sued for compensation for insulting the honor and dignity of an individual. The lawsuit was accompanied by a request for an apology and compensation for material damage. The criminal case only examines criminal responsibility for acts “Abusing democratic freedoms to infringe upon the interests of the State, the legitimate rights and interests of organizations and individuals”.

The police read the arrest warrant for Ms. Nguyen Phuong Hang. Photo: Provided by the police

In which, not to mention the other personal insults, the request to handle the violation and claim compensation because Ms. Hang’s wrongdoing still exists and has caused damage, so that individual is still allowed by the Court. to handle.

In case the civil case is not related to the criminal case in which Ms. Hang is prosecuted, Ms. Hang during the time of temporary detention can make a written authorization for another person to act as her authorized representative. You can also invite a lawyer to defend your lawful rights and interests in that case without being required to directly participate in the court proceedings.

In case Ms. Hang wants to work directly, the court can still continue to handle the case as usual, ie still offer a job and the prison can extract it for Ms. Hang to participate in the case.

The local police were mobilized to restore order because many curious people gathered in front of Phuong Hang’s villa.

Regarding whether Ms. Hang can change the preventive measure from detention with bail or not, lawyer Nguyen Thanh Cong said that in the past time, Ms. Hang has disregarded the law, many times organized gatherings of many people. to the private homes of individuals who have conflicts that cause insecurity and disorder in Ho Chi Minh City and other localities.

Accordingly, the fact that Ms. Hang is “out on bail” can create conditions for her to continue committing crimes, along with creating the influence to attract more people, causing social insecurity as well as influence. bad in the cyber environment.

“Investigating agencies can base on this factor, not allow to change the prevention measures for Ms. Hang. In other words, the release of bail for investigation depends on the decision of the agency that is handling it, without any ‘hard’ regulations – that is, when the conditions are met, bail is allowed.” Lawyer Nguyen Thanh Cong said.

According to Vietnamnet