At the end of March 2022, Ms. Nguyen Phuong Hang (SN 1971) 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 and the legitimate interests of organizations and individuals” according to Article 331 of the Penal Code.
Regarding many denunciations against Ms. Nguyen Phuong Hang, recently, Binh Duong Provincial Police also prosecuted the case with the same crime to clarify many important issues.
Regulations on importing and separating cases
However, at present, Binh Duong Provincial Police have only prosecuted the case, not yet prosecuted the accused. The content of the case prosecuted by the Binh Duong Provincial Police is similar to the case that the Ho Chi Minh City Police prosecuted against Ms. Phuong Hang before.
Currently, the investigation of Binh Duong Police and Ho Chi Minh City Police is independent of each other. However, the possibility that the Ho Chi Minh City Police Department will coordinate with the Binh Duong Provincial Police to import the case to a place to handle it will be considered during the proceedings.
The Criminal Procedure Code 2015 (CPC) clearly stipulates the order and procedures for prosecuting, investigating, prosecuting, adjudicating and executing criminal judgments, in order to ensure the detection and identification of criminals and offenders. Crimes are accurately handled, strictly handled, criminals are not allowed to be overlooked, and innocent people are not unjustly wronged.
Ms. Nguyen Phuong Hang
At the same time, protect the legitimate rights and interests of the State and citizens. One of the new features of the 2015 Criminal Procedure Code (CPC 2015) is clearly stipulating the competence of the investigating agency and the People’s Procuracy in deciding to merge and separate criminal cases (Articles 170 and 242 of the 2015 Criminal Code).
This is to ensure the speedy resolution of criminal cases in accordance with the law, but without affecting the legitimate rights and interests of the involved parties. Depending on the specific case, the investigating agency and the Procuracy may merge or separate criminal cases. However, the law does not make it mandatory to merge or separate criminal cases.
Do a lot of charity work, is Ms. Nguyen Phuong Hang considered?
According to the provisions of the law, the investigative agency is responsible for both collecting incriminating evidence and collecting exculpatory evidence.
Therefore, circumstances that are considered to be mitigating or aggravating criminal liability are contents that the investigating agency will have to clarify and serve as a basis for conducting further procedural activities.
When deciding the penalty, the court will evaluate the nature and extent of the offense, the offender’s identity and the aggravating and mitigating circumstances of the criminal liability. The mitigating circumstances of criminal liability are only one of the factors that determine the type of punishment and the level of punishment, not the key issue when the court judges.
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 has many billions of dong through the program “Hang Huu Heart” and the Golden Hour Emergency Fund.
Ms. Nguyen Phuong Hang in a charity program
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.
There are also sources that Nguyen Phuong Hang and her husband also contribute to many social activities, supporting many social programs such as the purchase of tens of thousands of oxygen cylinders, dozens of mini oxygen generators to support the elderly. patients with Covid-19 at the most complicated time of the epidemic; Or like many campaigns to make roads for people in remote areas, bring fresh water to the West, support people in difficult circumstances…
Therefore, if Ms. Hang has many achievements in charity work and dedication to the country and is awarded a certificate of merit or certificate of merit by the People’s Committee of the district or higher or equivalent agencies, it will be considered as an extenuating circumstance. part of penal liability under Article 51 of the Penal Code.
The court will also base on the nature and extent of the offence, the offender’s identity and assess the consequences of the act caused to society to have an appropriate punishment.
In addition, if the procedural authorities have grounds to show that the crime is organized and committed more than once (two times or more), it is an aggravating circumstance of penal liability as prescribed in Article 52 of this Law. Criminal Code.
at Blogtuan.info – Source: Soha.vn – Read the original article here
