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How will those who have helped Phuong Hang be handled?

As reported, on the evening of March 24, defendant Nguyen Phuong Hang (51 years old, General Director of Dai Nam Joint Stock Company in Binh Duong) was prosecuted and detained by the Ho Chi Minh City Police Department of Public Security. “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.

According to the Ho Chi Minh City Police, defendant Nguyen Phuong Hang took advantage of his influence, used the functions of social networks on the internet, and organized many live streams (livestreams) of unverified information content. related to the private life of others. Initially, it was verified that Ms. Hang used 12 channels on social networks to insult, distort and humiliate others.

In fact, in the livestreams, chats and meetings with businessman Nguyen Phuong Hang organized by Ms. Hang, Ms. Hang always invites some guests to participate to “assist” when offending some individuals. In addition, there is also a “strong” force from advisers, assistants, secretaries and YouTubers who call themselves “righteous” to organize a livestream, calling for sharing to promote her behavior. Hang.

The case of Ms. Nguyen Phuong Hang being prosecuted: How will those who have helped Phuong Hang be handled?  - Photo 1.

Ms. Phuong Hang and some guests at a recent meeting at Dai Nam tourist area – Photo: cut from the clip

Regarding this case, whether or not the accomplice helped with Ms. Hang in committing the crime, lawyer Dang Van Cuong – Hanoi Bar Association analyzed, after prosecuting Ms. Nguyen Phuong Hang, took the words. According to the testimony of Ms. Hang as well as related people, the investigating agency will clarify how the act of abusing freedom and democracy is carried out, in order to carry out that act, is there anyone who can help instigate it?

The case of Ms. Nguyen Phuong Hang being prosecuted: How will those who have helped Phuong Hang be handled?  - Photo 2.

Doctor, lawyer Dang Van Cuong

In case the results of investigation, prosecution and trial have grounds to show that someone has assisted or instigated the accused to commit a crime, such as: Discussing and agreeing on the method of performing the act. commit crimes, provide information, create favorable conditions for the accused to commit crimes, they will be able to handle these people as accomplices.

Authorities will clarify where the defendants’ information spread in cyberspace comes from, who provides it, and has it discussed with anyone. What is the purpose of giving information, having offensive words to offend others? If there are accomplices, will it be clear who is the mastermind, who is the helper, who is the instigator?

Doctor of Law said that all participants in live broadcasts on social networks, information providers, and those preparing means and equipment will all be summoned by the investigative agency to clarify. identify the role of a witness, related person or accomplice.

In case there are grounds to show that in addition to the accused who has been prosecuted, there are other people with the same will to commit acts aimed at offending the honor and dignity of others, the investigating agency will continue to prosecute the accused to handle those people according to the provisions on accomplices in article 17 of the penal code:

Article 17. Accomplice

1. Accomplice is a case where two or more people intentionally commit the same crime.

2. Organized crime is a form of accomplices with close collusion between people who commit crimes together.

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

The practitioner is the person who directly commits the crime.

The organizer is the person who instigates, leads and directs the execution of the crime.

An instigator is a person who incites, entices, and motivates others to commit crimes.

A helper is a person who creates mental or physical conditions for the commission of a crime.

4. The accomplices are not criminally responsible for the excessive behavior of the practitioner.

Lawyer Cuong added that defendant Nguyen Phuong Hang performed many acts on social networks at different times. However, the investigating agency will determine that the accomplice is the helper of the accused Hang from the date of the accused Hang’s violation of the law. That is, on the day Nguyen Phuong Hang commits a violation of the law, whoever helps or instigates will handle that person.

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