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Nguyen Phuong Hang was arrested, is the livestream crew an accomplice?

Friday, March 25, 2022 15:00 PM (GMT+7)

Individuals who participate in and support livestreams for defendant Nguyen Phuong Hang may be prosecuted as accomplices

Nguyen Phuong Hang, General Director of Dai Nam Joint Stock Company has just been prosecuted and detained for the crime of “abusing democratic freedoms to infringe upon the interests of the State, the legitimate rights and interests of organizations and individuals. individuals” under Article 331 of the Penal Code.

After Ms. Hang was arrested, the question many people asked was whether the individuals involved in this female defendant’s livestream chain were involved in criminal responsibility?

Ms. Hang has the help of the team

It is easy to see that in most of Phuong Hang’s livestreams, there is a team behind. In which, many individuals appeared with Ms. Hang to show that they are knowledgeable about the law.

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Defendant Nguyen Phuong Hang at the police station on the evening of March 24. Photo: CACC

Talking with Ho Chi Minh City Law, Doctor – Lawyer Dang Van Cuong, Ho Chi Minh City Bar Association, said that Ms. Nguyen Phuong Hang’s violation was not only committed by her.

“In the process of conducting livestream for the past two years, there is a lot of information about bank accounts, information about the personal life of many individuals and organizations that has been illegally collected and used by Ms. post on social media. This shows that many individuals have helped Ms. Nguyen Phuong Hang”, said Dr. LS Cuong.

During the settlement process, the investigating agency will clarify each live stream on social networks, illegal information collection activities, illegal money giving, languages ​​and actions that this group of people have taken in the past. for a long time as a basis to thoroughly solve this case.

More defendants can be prosecuted

With the above statement, Lawyer Cuong said that in addition to dealing with Ms. Nguyen Phuong Hang, the investigation agency will also clarify the behavior of other accomplices.

And it is likely that the investigating agency will prosecute many defendants, for many different crimes, of which the crime of abusing democratic freedoms is just the beginning of the case.

Because the law is very clear, all violations of the law must be held legally responsible. Those who violate and incite others to commit violations will be identified as the main masterminds. Those who have the same will to commit criminal acts will be identified as accomplices.

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Mr. Huynh Uy Dung (Dung “Lo Voi”), her husband Nguyen Phuong Hang got out of the car with a blue license plate and entered the house on Nguyen Thong street on the evening of March 24. Photo: NY

Therefore, this case needs to be investigated and handled comprehensively and in accordance with the law to ensure deterrence and general prevention for society.

According to LS Cuong, in order to prosecute Ms. Phuong Hang and other individuals suspected of helping and supporting Ms. Hang, the investigation agency will clarify when and by what means the law violation took place. What is the evidence?

In case there are grounds to show that the people involved have instigated, assisted or directly committed violations with Ms. Hang, these people will also be handled in accordance with law.

Sharing the same view, LS Le Van Hoan – Ho Chi Minh City Bar Association also said that during the investigation, if the police can prove that there are people helping to create mental or material conditions for the crime, these people are also criminally handled as accomplices according to the provisions of Article 17 of the Penal Code.

If the traffic police can prove that these people have contributed, discussed and assigned the roles of each person before committing the crime, this is an aggravating circumstance for criminal liability.

The accomplices will be held criminally responsible

Article 17 of the 2015 Penal Code, as amended and supplemented in 2017, stipulates: An accomplice is a case where two or more people intentionally commit the same crime. Organized crime is a form of accomplices with close collusion between people who commit crimes.

The accomplices include the organizer, the practitioner, the instigator, the helper.

Regarding the consideration of criminal liability, the perpetrators will be jointly and severally held criminally responsible, depending on their role and degree of participation in the crime. The accomplices are not criminally responsible for the excessive behavior of the practitioner.

When deciding penalties for accomplices, the court must consider the nature and extent of each accomplice’s participation in the crime. Circumstances that extenuate, aggravate or exclude the criminal liability of any accomplice shall only apply to that person.

Ms. Phuong Hang was prosecuted under Article 331 of the Penal Code 2015 as amended and supplemented in 2017 with a penalty of warning, non-custodial reform for up to 3 years or imprisonment from 6 months to 3 years.

In case the offense causes adverse effects on security, social order and safety, the offenders shall be sentenced to between 2-7 years of imprisonment.

Thus, if this case has accomplices, the accomplices will also be considered for penal liability with the above penalty.

LS Nguyen Van Hau, Vice Chairman of Ho Chi Minh City Bar Association

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