Nguyen Phuong Hang was prosecuted for 1 crime by 2 provinces, what did the lawyer say?

The case from the perspective of a lawyer

As reported, on April 22, 2022, the Public Security Bureau of Binh Duong Province prosecuted the case of Abuse of democratic freedoms to infringe upon the interests of the State, legitimate rights and interests. of organizations and individuals according to Article 331 of the Penal Code in the case related to Ms Nguyen Phuong Hang.

Notably, earlier on March 24, 2022, the Police Department of the City Police Department. Ho Chi Minh City prosecuted the criminal case, at the same time prosecuted the accused and detained Ms. Nguyen Phuong Hang.

This incident means that Ms. Phuong Hang was prosecuted by two police agencies in two different localities for the same crime.

Talking to PV, Lawyer Tran Xuan Tien (Head of Dong Doi Law Office, Hanoi Bar Association) shared specific views from a lawyer’s perspective on the issue of jurisdiction to prosecute criminal cases. and the legal responsibility posed to Ms. Hang.

Ms. Phuong Hang when arrested.

First, about the authority to institute criminal cases. According to the provisions of Clause 1, Article 153 of the 2015 Criminal Procedure Code, the investigating agency can issue a decision to prosecute a criminal case for all cases with signs of crime, except for cases committed by criminal agencies. special agency tasked with conducting a number of investigative activities.

Therefore, if in the process of detecting and investigating, it is discovered that a crime is within its investigation competence, the Binh Duong Provincial Police Department can completely issue a decision to prosecute a criminal case with a case marked by a criminal record. crime sign.

Second, about the authority to conduct investigations. According to the spirit and nature of the provisions of the 2015 Criminal Procedure Code, the Investigation Police Agency will prosecute cases under its investigation competence, which is understandable.

However, matters become complicated when violations can take place in many places, over many time periods or even take place in cyberspace.

Specifically, about the behavior of Mrs. Phuong Hang, she performed the naming of people for dogs and racing horses at Dai Nam tourist area.

It can be seen that these are acts that are spread out over a large space, so the investigation and prosecution also need coordination between the police agencies in many areas.

Specifically, according to Clause 4, Article 163 of the 2015 Criminal Procedure Code, in case a crime is committed in many different places, the investigation falls under the jurisdiction of the investigating authority of the place where the crime is detected and the place where the crime is detected. may reside or be arrested.

Phuong Hang has committed many crimes in the whole city. In order to ensure the ability to coordinate and clarify the truth of the whole case, the police agencies in the provinces can fully cooperate in investigating and prosecuting the case within their jurisdiction and in Binh Duong. documents and evidence collected.

How to handle?

On the basis of records, documents and evidence collected in the areas where Ms. Phuong Hang committed crimes, in the process of prosecuting, prosecuting and preparing for trial, case entry may take place to assess evaluate and review the case in a comprehensive, complete and unified manner as well as create favorable conditions for the trial and judgment enforcement.

Compared to Ms. Hang’s behavior from March 2021 to now, Ms. Hang has regularly livestreamed “calling names” of many famous people, exposing and insulting many artists, journalists, denouncing false information about the act of stealing charity money of artists and singers.

Moreover, Ms. Hang also used the names of famous people who were in conflict with her to name animals in the horse and dog racing event.

Thus, all of the above acts of Ms. Hang always exceed the permissible limit of freedom of speech, infringe upon the legitimate rights and interests of others and adversely affect the security and order situation. Social security.

In the case of Ms. Nguyen Phuong Hang, the investigation agency of Ho Chi Minh City and the investigative agency of Binh Duong province jointly prosecuted for the crime of abusing democratic freedoms to infringe upon the interests of the state, the legitimate rights and interests of the state. individuals or organizations, the procedure-conducting agency may enter a criminal case during the investigation stage.

Entering a criminal case makes the investigation more convenient and ensures the basic principles in criminal proceedings. Accordingly, the penalty frame that Ms. Hang may face is a prison term of 2 to 7 years.

In addition, the investigating agency will continue to expand the case, clarifying other acts of the businesswoman in the past time, and at the same time verify and resolve the denunciation against the acts of the business woman. Ms. Hang’s violation of the law for crimes such as slander, humiliation of others …

If there are grounds, the investigation agency will continue to prosecute and handle the above crimes against Ms. Hang.

Lawyer Tran Xuan Tien emphasized that, according to the provisions of the Penal Code, all criminal acts committed by people must be detected in time, handled quickly and fairly in accordance with the law.

Therefore, all acts that exceed the limit of freedom of expression, affect the reputation and honor of individuals, negatively affect the security situation, order and awareness of the people will be punished. handle strictly, the right person, the right crime, according to the law, ensuring the strictness and deterrence of the law.

According to the Law & Readers