Director of Devinci Pacific Law Company Limited, Mr. Nguyen Duc Hieu commented on the case of Ms. Nguyen Phuong Hang, published on Ho Chi Minh City Law Electronic Newspaper. He is a long-time reputable expert with high qualifications in the legal field. Below, we would like to quote the entire article.
Source: Song Mai. Ho Chi Minh City Law Online Newspaper (issue published September 5, 2023). The case of Ms. Nguyen Phuong Hang and the determination of legal status
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The general principle is that if a criminal directly harms someone, directly targets someone, that person is the victim...
According to the trial schedule, on September 21, the People's Court of Ho Chi Minh City will bring defendant Nguyen Phuong Hang and four accomplices to trial for first instance on the charge of abusing democratic freedoms to infringe upon the interests of the State and the rights of the State. , legitimate interests of organizations and individuals (according to Article 331 of the Penal Code). The jury summoned 12 individuals (whom Ms. Hang "named" during her livestream events) to court as people with related rights and obligations.
In this case, many people wonder when the abused individual or organization will be determined to have their legal status as a person with related rights and obligations; When is it determined to be a victim?
Damaged subjects of Article 331
According to lawyer (Lawyer) Lam Quang Quy, Ho Chi Minh City Bar Association, Article 65 of the Criminal Procedure Code stipulates that people with rights and obligations related to the case are individuals, agencies, and organizations with related rights and obligations. to a criminal case. Article 62 of the Criminal Procedure Code stipulates that a victim is an individual who directly suffers physical, mental, or property damage or an agency or organization that suffers property or reputational damage due to or threatened to cause by a crime. .
“The regulations on victims and people with related rights and obligations are the same, but in reality, determining eligibility also depends on the impact of the crime, the cause-and-effect relationship between the crime and the crime. Consequences have occurred" - Lawyer Quy commented.
MSc Nguyen Duc Hieu, International University (Ho Chi Minh City National University), believes that the object of the crime specified in Article 331 of the Penal Code is the interests of the State, the legitimate rights and interests of organizations and citizens. The objective side of crime represents the person committing the act of taking advantage of democratic freedoms to infringe upon the interests of the State, the legitimate rights and interests of organizations and citizens.
“The offender may commit one of the following acts such as taking advantage of the rights to freedom of speech, freedom of the press, freedom of belief, religion, freedom of assembly, association and democratic freedoms. others to violate the interests of the State, the legitimate rights and interests of organizations and citizens. The consequences of taking advantage of democratic freedoms are damage that has caused or threatens to cause material and spiritual damage to the State, the rights and legitimate interests of organizations and citizens. ” – Master Hieu analyzed.
According to Master Hieu, the subjects affected by this crime are quite diverse, from the State to organizations and individuals. Therefore, when conducting proceedings, state agencies pay great attention to accurately determining the status of participants in proceedings, especially victims and people with related rights and obligations.
Recommendation of the lawyer in the case of Ms. Nguyen Phuong Hang
In the case of Ms. Nguyen Phuong Hang, immediately after receiving the decision to bring the case to trial, a lawyer sent a written petition to the People's Court of Ho Chi Minh City requesting to re-determine her client's eligibility to participate in the proceedings. me. This lawyer said that according to regulations, his client must be identified as a victim in the case, instead of a person with related rights and obligations as determined by the court.
“Clause 1, Article 62 of the Criminal Procedure Code 2015 stipulates that an individual who directly suffers physical, mental, or property damage caused by a crime and this damage is a direct object of the crime, then that individual is determined to be a victim in the case. In this case, the indictment determined that Ms. Nguyen Phuong Hang had made false and fabricated information statements; There is content that seriously insults the reputation and honor of the individual (my client), so my client must be identified as a victim" - Lawyer argued.
The subject who is directly offended is harmed
According to Lawyer Lam Quang Quy, in Article 331 of the Penal Code, if the object of the crime is the honor and dignity of an individual, there is a basis to determine that individual is a victim. In case the criminal's target is the reputation of an agency or organization (of which an individual is a manager, leader, etc.), the agency conducting the proceedings will identify the agency, organization or representative. face is the victim. At that time, the individuals involved (such as managers, leaders...) "affected" can be identified as people with related rights and obligations.
Same idea, MSc Nguyen Duc Hieu believes that with Article 331, individuals and organizations that directly suffer damage to reputation, spirit... are victims. People with related rights and obligations can understand that they are affected or may suffer damage or incur obligations due to the offender's actions. However, the objects that the offender intends to violate are not directly related to the person with related rights and obligations.
“For example, if a criminal takes advantage of democratic freedoms to harm Mr. A's legitimate rights and interests, Mr. A is the victim; In case the offender takes advantage of democratic freedoms to harm the rights and interests of the State (such as the Commune People's Committee), the chairman, vice chairman, judicial officers... of that commune can be identified. is a person with related rights and obligations" - said MSc. Hieu.
Litigation status in a similar case
In July 2022, the High Court of Appeal in Da Nang rejected the appeal of the People's Procuracy of Quang Tri province, and at the same time affirmed the first instance verdict against the defendants for the crime of abusing democratic freedoms and infringing upon them. interests of the State, legitimate rights and interests of organizations and individuals. Accordingly, defendant Le Anh Dung was sentenced to 18 months of non-custodial reform; Phan Bui Bao Thy was sentenced to 12 months of non-custodial reform and Nguyen Huy was given a warning.
According to the content of the case, from April 2020 to February 2021, the defendants collected information and documents, edited and posted many articles with untrue, distorted, and misleading content. violated the reputation, honor, and dignity of some leaders of Quang Tri province.
In this case, the courts at all levels determined that individual leaders and former leaders of Quang Tri province participated in the proceedings as victims.
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