Friday, 09/09/2022 10:44
Many readers expressed the query of how Phuong Dangle’s punishment shall be solved?
Defendant Nguyen Phuong Dangle was prosecuted by the Ho Chi Minh Metropolis Police and detained since March 24, 2022 for the crime of “abusing democratic freedoms to infringe upon the pursuits of the State, the respectable rights and pursuits of organizations, Not lengthy after that, the police of Binh Duong province additionally prosecuted her for a similar crime.
On August 18, the Ho Chi Minh Metropolis Police Division accomplished the investigation and transferred the file to the Individuals’s Procuracy of the identical stage to suggest the prosecution of defendant Nguyen Phuong Dangle. On August 19, the Individuals’s Procuracy of Ho Chi Minh Metropolis ordered an extra 19 days of detention for defendant Nguyen Phuong Dangle. Then, on September 9, the Individuals’s Procuracy returned the file for extra investigation. Persevering with, the Ho Chi Minh Metropolis Police Division ordered the defendant to be detained for almost 2 months.
On the aspect of the Binh Duong police, on September 6, the police investigation company of Binh Duong province accomplished the investigation conclusion, requesting the Individuals’s Procuracy of the identical stage to prosecute Ms. Nguyen Phuong Dangle for the crime of abusing democratic freedoms to infringe upon the pursuits of the Individuals’s Procuracy. pursuits of the State, respectable rights and pursuits of organizations and people. As well as, this company has additionally recognized the victims within the case.
Judgment – the crime of husband and spouse, many individuals have expressed the query of how the entire punishment shall be solved?
Sharing on PLO, lawyer Vu Phi Lengthy, former Deputy Chief of Prison Courtroom of Ho Chi Minh Metropolis Individuals’s Courtroom, stated that Phuong Dangle’s case can occur in two circumstances: Two localities together with Ho Chi Minh Metropolis and Binh Duong province will proceed. enter the case for decision or impartial investigation.
For the case the place the 2 localities will attempt it independently, the sentence that the defendant Phuong Dangle should obtain shall be judged by which courtroom after synthesizing the penalties of the earlier judgment.
The synthesis of penalties of the 2 judgments shall be carried out in accordance with the ideas laid out in Clause 1, Article 56 of the Penal Code 2015 (amended and supplemented in 2017). Particularly, within the case that an individual who’s serving a sentence is tried once more for a criminal offense dedicated earlier than this judgment is issued, the courtroom shall determine the penalty for the crime being tried, after which determine to impose a penalty. normal penalty. The interval of serving the penalty of the earlier sentence shall be deducted from the time of serving the final penalty.
Within the occasion that Phuong Dangle’s case is agreed to by two localities, it is going to solely be tried by one courtroom, given a sentence and shall be tried with the circumstances of committing a number of crimes.
This lawyer stated, in reality, when adjudicating a case that’s re-entered, the sentence is normally decrease than that of not coming into the case.
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