Nguyen Phuong Hang’s case may be investigated by an investigation agency

Binh Duong Police on April 22 prosecute the case Taking advantage of democratic freedoms to infringe upon the interests of the State, the legitimate rights and interests of organizations and individuals to investigate criminal signs of Mrs. Hang (51 years old, General Director of Dai Nam Joint Stock Company), after verifying the denunciations of 6 individuals. At the end of March, Ms. Hang was also detained by the Ho Chi Minh City Police to investigate this crime.

The move of the investigating agencies of the two provinces was aimed at clarifying that Ms. Hang had a livestream act of saying false information, slandering, insulting the honor and reputation of many individuals.

According to lawyer Huynh Ai Chan (Deputy Director of Ta Pha Law Firm), the principles in fighting crime and maintaining security and order are In which locality does the crime occur, the procedural authority there has the authority to settle it?. In case of illegal acts occurs in many localities, the first detected will be resolved. However, for violations of the law in cyberspace, The agency that finds out first will deal with it regardless of where the violator or victim resides or where the consequences occur.

In the event that Ms. Hang has acts of using the social network livestream, giving false information, insulting others, which agency detects the offense first (based on the denunciation, petition to prosecute .. .), that authority will have jurisdiction. “Therefore, the current situation of the Ho Chi Minh City and Binh Duong Police Departments accepting and settling the case related to Ms. Hang is in accordance with the law,” Ms. Chan said.

However, in the event that Ms. Hang is prosecuted by the Ho Chi Minh City Police Department and Binh Duong for the same crime without any grounds to handle further crimes, the proceeding agency may enter the case. to jointly investigate according to the provisions of Article 170 of the Criminal Procedure Code.

“Entering the case will ensure the principle that benefits the accused and the accused. Ms. Hang will not be ‘sentenced.’ The law stipulates that each violation can only be handled once. So if one person committed an illegal act that has been prosecuted and investigated by the procedural authorities, and will not be handled by other agencies,” said lawyer Chan.

With the same opinion, lawyer Vo Van Them (former deputy director of the Senior People’s Procuracy in Ho Chi Minh City) further analyzed that, according to Article 170 of the Criminal Procedure Code, the investigating agency can enter to investigate according to the same jurisdiction. a case when it falls into one of the following cases: the accused commits more than one crime; the accused commits the crime more than once; many defendants commit the same crime… The investigative agency is only allowed to separate the case in case it is not possible to complete the investigation for all crimes soon. At the same time, such separation does not affect the determination of the comprehensive and objective truth of the case.

The decision to merge or separate the case must be sent to the People’s Procuracy of the same level within 24 hours from the date of issuance of the decision. In case of disagreement with the investigation agency’s decision to merge or separate the case, the Procuracy will issue a decision to cancel and clearly state the reason.

Accordingly, Mr. Them said that, during the investigation process of Binh Duong Police, it was determined that Ms. Hang or there were many other defendants who committed the same crime as the Ho Chi Minh City Police Department is handling, the Binh Duong Police will transfer case file for Ho Chi Minh City Police to join a case. This is done to facilitate the investigation, prosecution and trial process but still ensures the basic principles in criminal proceedings.

And if Binh Duong Police discovered that Ms. Hang’s behavior committed more crimes Humiliating others, slander… but now that the Ho Chi Minh City Police have finished their investigation, the Binh Duong proceedings can be separated to handle in another case. In order to ensure the proceedings and the processing time, in Ho Chi Minh City, the prosecution and trial will be first.

“The merger or separation of criminal cases can be done in accordance with the law but is not required,” added lawyer More.

Ms. Nguyen Phuong Hang formerly named Nguyen Thi Thanh Tuyen, in 2010 changed her name as it is now. She is a real estate giant, the wife of businessman Huynh Uy Dung (also known as Dung “Loi”), with Vietnamese and Cyprus citizenship.

General Director of Dai Nam Joint Stock Company became famous in March 2021, after reporting to the Ho Chi Minh City Police that he was cheated by “medical doctor” Vo Hoang Yen with hundreds of billions of dong. Hang then regularly livestreams expressing frustration about losing money, lashing out at many unrelated people.

Since the middle of last year, she has used dozens of accounts on Youtube, Facebook, and TikTok to conduct hundreds of livestreams in Binh Duong province and Ho Chi Minh City. In it, there are many untrue content, using abusive words, insulting the honor and dignity of a series of people such as singers Vy Oanh, Dam Vinh Hung, Thuy Tien, journalist Han Ni , Nguyen Duc Hien… They made an application to the police of Ho Chi Minh City and Binh Duong to handle Ms. Hang about the behavior Humiliating others, slander and Abuse 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 invited Ms. Hang to work 4 times to warn, deter and request an end to her speech that affects others, but she does not comply. The investigative agency said that Ms. Hang disregarded the law, challenged, continued to organize many mass gathering activities that affected security and order.

Thao Mi