Does Ms. Nguyen Phuong Hang with dual nationality enjoy the investigation process?

The process of investigating Mrs Nguyen Phuong HangGeneral Director of Dai Nam Joint Stock Company, about behavior Taking advantage of democratic freedoms to infringe upon the interests of the State, the legitimate rights and interests of organizations and individuals, The Ho Chi Minh City police have made a criminal record of the accused. This is one of the procedural activities in the investigation of criminal cases, in order to clarify the identity of the offender.

The investigation agency determined that Ms. Hang was formerly named Nguyen Thi Thanh Tuyen, but in 2010 changed her name to the current one. In addition to the Vietnamese nationality, the accused also holds the citizenship of the Republic of Cyprus.

According to lawyer Vo Dan (Director of TA PHA Law Firm), based on Article 5 of the Penal Code, the fact that Hang has dual citizenship does not affect the investigation and handling process. That is, the Penal Code is applied to handle all criminal acts committed in the territory of Vietnam, regardless of whether the perpetrator is a Vietnamese citizen, a multi-national or a foreigner.

In some cases related to diplomatic immunity, commitments in international treaties that Vietnam has acceded to and signed, and foreigners committing crimes in Vietnam fall into this category, their criminal liability will be settled in accordance with the provisions of the treaty. or according to such international custom. However, Ms. Hang does not belong to the case of diplomatic immunity specified in the Ordinance on Privileges and immunities for diplomatic missions, consular offices and representative offices of international organizations in Vietnam dated August 23, 1993 of the National Assembly Standing Committee; Decree No. 73-CP dated July 30, 1994 of the Government.

“Accordingly, the investigating agency will still handle it according to the normal procedural order and procedures, applying the same handling mechanism as a foreigner who commits a crime in the Vietnamese territory. Vietnamese law. South will be applied to handle,” said Mr. Denmark.

Sharing the same view, Dr. Nguyen Huu The Trach (Ho Chi Minh City Bar Association) said that currently, Vietnam and the Republic of Cyprus do not have international treaties, in case Ms. Hang commits a crime, she is still a Vietnamese citizen first, so the agency has The authority will apply Vietnamese law to handle.

However, during the proceedings, the Embassy of the Republic of Cyprus wants to visit and information about its citizens, the procedural authorities still create conditions for contact within the consular diplomatic sphere to obtain information. Besides, there are no other exceptions,” said lawyer The Trach.

Ms. Nguyen Phuong Hang is known as a real estate giant in Vietnam, the wife of businessman Huynh Uy Dung – ie Dung “Lo Voi”. According to the investigative agency, from mid-2021, Hang used dozens of accounts on Youtube, Facebook, and TikTok to conduct hundreds of livestreams. In it, there are many untruthful contents, using abusive words, insulting the honor and dignity of the people involved.

In February, the investigative agency invited Ms. Hang 4 times to work to warn, deter and request an end to the act of livestreaming speeches affecting others, but this woman intentionally avoided and did not comply. Ms. Hang was accused of not cooperating, “disregarding the law”, continuing to organize many mass gatherings, affecting security and order; organize groups of people to the private houses of people who are in conflict with them to attack, insult and live stream on social networking platforms.

The investigative agency is expanding the case, clarifying the wrongdoing of those who supported Ms. Hang, directed the media script, invited guests and assigned roles to lash out at others.

National winner