Actively doing charity, can Ms. Phuong Hang get a reduced penalty?
“In the case that Ms. Hang is found guilty, but in the process of solving the case, there are grounds to show that in the past, Ms. Hang has carried out charitable activities and received certificates of merit from many agencies, it can be considered as a love affair. mitigating a part of criminal liability”, the lawyer said.
As reported, recently, Binh Duong Provincial Police issued a decision to prosecute the case, not yet prosecuted the accused with Ms. Nguyen Phuong Hang for the act of “abusing democratic freedoms to infringe upon the interests of the state, the legitimate rights and interests of organizations and individuals”.
Previously, on March 24, CEO Dai Nam was prosecuted and detained by the Ho Chi Minh City Police for investigation of similar behavior.
Currently, Binh Duong Police and Ho Chi Minh City Police are investigating independently. During the proceedings, these two agencies will consider the possibility of coordinating to bring the case to one place for handling.
Ms. Nguyen Phuong Hang at the police office
Criminal Procedure Code 2015 clearly stipulates, procedures and order of prosecution, investigation, prosecution, trial and criminal judgment execution to ensure accurate detection and identification of criminals and offenders , handle strictly, do not let criminals, do not unjustly punish innocent people. Besides, it is to protect the legitimate rights and interests of the State and citizens.
In this case, a question has been raised quite a lot in recent years whether Ms. Nguyen Phuong Hang has been considered for mitigating crimes during the investigation and proceedings when she has done a lot of charity over the years.
Responding to this, lawyer Dang Van Cuong – Hanoi Bar Association said that, according to the law, there are many details that are prescribed to reduce part of the criminal responsibility for the accused. the defendant when the court assesses the punishment which can be mentioned as: Sincere declaration, repentance; Committing the crime for the first time, in less serious cases; Voluntary compensation, remedial consequences; have excellent achievements in study, labor, work…
Specifically, these cases of criminal liability mitigation will be specified in Article 51 of the 2015 Penal Code, amended and supplemented in 2017.
Before being prosecuted, Ms. Nguyen Phuong Hang was known to the public as a person who made many contributions to social activities such as the Hang Huu charity fund, which sponsored Da Nang Hospital, City Children’s Hospital and Children’s Hospital. Cho Ray many billions of dong through the program “Hung Huu Heart” and “Golden Hour Emergency Fund”…
It is known that some of these charity programs have helped children with congenital heart disease and hydrocephalus who cannot afford hospital fees. Hang Huu Heart Surgery Fund in the past 7 years has saved thousands of lives.
In addition, Nguyen Phuong Hang and her husband also contributed to many other social activities such as buying tens of thousands of oxygen cylinders, dozens of mini oxygen generators to support patients with Covid-19, making roads for people to live in. people in remote areas, bringing fresh water to the West,…
Therefore, Doctor, lawyer Dang Van Cuong said that in the case of Ms. Nguyen Phuong Hang being convicted, during the settlement of the case, there are grounds to show that Ms. Hang had previously performed charity activities. being awarded certificates of merit by many agencies can be considered as a mitigating circumstance to a part of criminal liability.
In addition, the case where the defendant is determined to be a person who sincerely declares, repents and voluntarily compensates and overcomes consequences for the victim, it is also considered as extenuating circumstances of criminal liability.
The decision on a specific penalty will be based on many factors, of which extenuating circumstances are only one of the factors that determine the type of penalty and the level of punishment.
According to the Law & Readers
at Blogtuan.info – Source: 2sao.vn – Read the original article here