What sentence does Ms. Nguyen Phuong Hang face?

Ms. Nguyen Phuong Hang was prosecuted and detained under Article 331 of the Penal Code for "abusing democratic freedoms to infringe upon the interests of the state, the legitimate rights and interests of organizations and individuals".

Information from Tuoi Tre newspaper said that the Ho Chi Minh City Police had made a decision to prosecute the case, prosecute the accused, and a detention order for Ms. Nguyen Phuong Hang (general director of Dai Nam Joint Stock Company). The People's Procuracy of the same level has approved this decision.

From 6:20 p.m. on March 24, 2022, Ms. Phuong Hang's car often used to move from house 6 Nguyen Thong to house number 17 - 19 Ngo Duc Ke (where Ms. Hang registered for permanent residence). At Mrs. Nguyen Phuong Hang's villa on Nguyen Thong Street (District 3), many policemen also appeared.

Being prosecuted and detained, what sentence does Ms. Nguyen Phuong Hang face?

Ms. Nguyen Phuong Hang was prosecuted for the act of abusing democratic freedoms to infringe upon the interests of the State, and the legitimate rights and interests of organizations and individuals according to Article 331 of the 2015 Penal Code. additional changes in 2017.

According to the law, the State's interests include political, economic and other interests.

Lawful rights and interests of organizations and citizens include legitimate political, economic, and civil rights and interests, which are recognized and protected by law (such as the right to freedom of business, inherit…)

The democratic freedoms of citizens are recognized by the 2013 Constitution. Includes rights:

+ Freedom of speech, freedom to express personal opinions.

+ Freedom of the press, freedom to write and print articles, to report to the press.

+ Freedom of belief, the freedom to follow or not to follow a certain religion.

+ Freedom of assembly. Understood as the right to freely assemble to exchange opinions on certain areas and issues.

+ Freedom of association. It is understood as the freedom to organize certain associations to serve social progress.

Other democratic freedoms such as the right to vote, the right to stand for election, the right to complain and denounce...

According to Article 331 of the 2017 Penal Code, the crime of abusing democratic freedoms to infringe upon the interests of the State and the legitimate rights and interests of organizations and individuals is as follows:

1. Those who abuse the rights to freedom of speech, freedom of the press, freedom of belief and religion, freedom of assembly, association and other democratic freedoms to infringe upon the interests of the State, rights lawful interests of organizations or individuals, they shall be subject to warning, non-custodial reform for up to 3 years or a prison term of between 6 months and 3 years.

2. Committing the crime, causing adverse effects on social security, order and safety, the offenders shall be sentenced to between 02 and 07 years of imprisonment.

Thus, for the crime of abusing democratic freedoms to infringe upon the interests of the State, the legitimate rights and interests of organizations and individuals, the maximum prison term is up to 07 years.

Jurist. Hoang Quoc Huy