27/02/2023
The criminal justice system keep us safe from criminals. When a person arrested by a policeman with a badge and is accused of a crime that person becomes a defendant. Police usually carry guns. A detective usually investigates the crime. Police and detectives usually put handcuffs on the defentant to make sure he cant escape. Later at the station they will take his fingerprints. At the trial, the defendant has a defense attorney to defent him in front of the judge. Both the prosecuter and the defense can call witnesses. If the defendant is found guilty, he will go to jail.
Tại Sao Ba Luật Sư Bị Bắt?
Why were 03 lawyers arrested ?
Journalists Han Ni, Mr. Dang Anh Quan and Mr. Tran Van Sy have been charged with crimes under Article 331 of the Penal Code with a maximum sentence of 7 years in prison.
On February 26, the Public Security Bureau of Ho Chi Minh City completed the prosecution of the defendant and arrested Mr. Dang Anh Quan (45 years old, lives in Nha Be District, lecturer at Ho Chi Minh University of Law Chi Minh City), Mr. Tran Van Sy. 66 years old, lawyer, lives in Binh Thanh district) and Ms. Dang Thi Han Ni (46 years old, journalist Han Ni) on charges of abusing democratic freedoms to violate the interests of the state, legitimate rights and the interests of organizations and individuals.
This is a new development in the process of expanding the investigation into the case of defendant Nguyen Phuong Hang (51 years old, resident of District 1, General Manager of Dai Nam Joint Stock Company).
According to the police, in previous live streams, Mr. Dang Anh Quan spoke, commented and interacted with Ms. Hang about content that seriously violated the honor, reputation and dignity of many people.
While journalists Han Ni and Mr. Tran Van Sy published video clips insulting the honor and dignity of Mr. Huynh Uy Dung and Ms. Nguyen Phuong Hang and hurting the legitimate interests of Dai Nam Joint Stock Company, Nam and Hang Huu Charity Fund.
During the investigation and verification process, the police department found that Ms. Han Ni and Mr. Tran Van Sy had intentionally posted many video recordings on the Youtube channel with unverified content and confidential information, personal, family secrets and private lives…
Talk to reporters People, a lawyer with the Ho Chi Minh City Bar Association, said that from the constitution to Vietnam’s legal system, all citizens have the right to freedom of expression and the right to speak their mind. However, freedom of expression must be compatible with the law.
Mr. Tran Anh Quan, Mr. Tran Van Sy and Ms. Han Ni have been prosecuted for the crimes listed in Article 331 of the current Penal Code. Accordingly, the offenders commit acts of abuse of the rights to freedom of expression, freedom of the press, freedom of belief and religion, freedom of assembly, association and other democratic freedoms in order to violate their interests of state, legal rights and interests of organizations and individuals.
The above democratic freedoms are fundamental human rights enshrined in the Constitution, and citizens use these rights to protect their interests. However, they must not harm the interests of the state, the legal rights and interests of organizations and individuals.
Consequences of the abuse of democratic freedoms are damages that have been inflicted or threaten to inflict material and spiritual damage on the state, the legitimate rights and interests of organizations and individuals.
Mr. Dang Anh Quan at the investigating authority .
The penalty under Section 1, Article 331 of the Penal Code 2015 will be reform without imprisonment of up to 3 years or between 6 months and 3 years imprisonment, according to the lawyer. In cases where the perpetrators affect security, social order and security, the perpetrators are punished with imprisonment from 2 to 7 years.
Comparing the above regulations, Ms. Han Ni, Mr. Dang Anh Quan and Mr. Tran Van Sy face a maximum sentence of 7 years in prison. However, during the trial, the court will consider the full content of the case, aggravating and mitigating circumstances, in order to obtain a sentence appropriate to each person’s crime.
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