Prosecuting two cases related to Ms. Nguyen Phuong Hang, can they be merged into one?

VietNamNet’s source on the afternoon of April 22 said that Binh Duong Provincial Police had prosecuted the case related to the denunciation of individuals accusing Ms. Nguyen Phuong Hang (General Director of Dai Nam Joint Stock Company).

The CPA prosecuted the case “Abusing democratic freedoms to infringe upon the interests of the State, the legitimate rights and interests of organizations and individuals”.

Before that, the Ho Chi Minh City Police also prosecuted the accused against Ms. Hang to investigate the abuse of democratic freedoms to infringe upon the interests of the State, the legitimate rights and interests of organizations and individuals. core.

Thus, regarding Ms. Hang, the procedural authorities of the two provinces both prosecuted and investigated the same crime.

Ms. Nguyen Phuong Hang

Talking to VietNamNet, Doctor and lawyer Dang Van Cuong said that in case the accused is prosecuted for many crimes or commits many crimes, the police can enter a criminal case to settle in the same case.

According to the lawyer, each law violation will be handled once. If a person who commits a law violation has been prosecuted and investigated by a procedural agency, other agencies will not handle it, except for the case where a person commits many law violations, each vi all satisfy the signs constituting a crime.

The principle in crime prevention and control and maintenance of security and order is that in any locality or location, the procedural agency in that locality or area has the authority to settle.

In case the law violation occurs in many localities, the first place where it is detected, that place will deal with it. However, for law violations committed in cyberspace, the agency that detects it first will deal with it regardless of where the violator resides or the victim resides. where, or where the consequences occur.

This is specified in Article 163 of the 2015 Criminal Procedure Code, which provides for the competence to investigate criminal cases.

Lawyer Dang Van Cuong

Lawyer Dang Van Cuong analyzed: In principle, in the case that a person commits many illegal acts in many localities, the behavior occurring in each locality constitutes a crime, there may be many prosecuting agencies shall jointly consider and handle.

In the case of a person who regularly uses social networks to perform livestream acts, curse and insult others on social networks, give fabricated and untrue information, seriously affecting life psychological health of many individuals, affecting the reputation of organizations many times, each time satisfying the signs that constitute a crime, they can be handled for a crime with the circumstances of committing more than one crime. time.

Or it is possible that this person will be prosecuted for many other crimes (such as Humiliating others, slandering, abusing democratic freedoms to infringe upon the interests of the state, the legitimate rights and interests of individuals and organizations. ) when the procedural authorities have grounds to believe that that subject has committed many violations and infringed upon many objects protected by the criminal law.

In case a person commits many violations of the law, satisfying signs that constitute a crime in many localities, he or she may be prosecuted in many localities, but then the procedural authorities may also enter the case. criminal proceedings for a judicial officer to handle according to the provisions of Article 170 of the current Criminal Procedure Code.

Therefore, in the case of Ms. Nguyen Phuong Hang being arrested by the City Police. If the Ho Chi Minh City Police Department and the Binh Duong Provincial Police Department jointly prosecuted for the same crime and were not handled for any other crime, the procedural agency may enter the criminal case for joint investigation.

“It is possible that the Binh Duong Provincial Police and the City Police. Ho Chi Minh City will agree to enter the criminal case according to the provisions of Article 170 of the Criminal Procedure Code. Except for cases where the accused commits many crimes, entering a criminal case will cause difficulties for the police, or for the victims.“, said Dr. Dang Van Cuong.

According to VietNamNet