With the sentence announced by the People’s Court of Ho Chi Minh City, many readers wondered if Ngoc Trinh was released right in court, whether while on probation, the model has the right to operate on social networks, do online business and appear on the carpet. red or not?
Regarding the above issue, lawyer Diep Nang Binh (Head of Tinh Thong Luat Law Office) said that according to the provisions of Vietnamese law, Ngoc Trinh is given a suspended sentence and can still work and do business. online, social network activities, appearing on showbiz… if the above actions do not violate the law and do not pose a danger to society.
Lawyer Diep Nang Binh (Head of Tinh Thong Law Law Office).
Specifically, lawyer Binh analyzed that suspended sentences are a measure of conditional exemption from serving prison sentences, applied by the Court to offenders sentenced to imprisonment for no more than 3 years, based on the offender’s personal identity. crime and mitigating circumstances, deeming it unnecessary to force them to serve a prison sentence (Article 1 of Resolution 02/2018/NQ-HDTP).
According to Clause 1, Article 88 of the Law on Execution of Criminal Judgments 2019, people who receive suspended sentences are officials, civil servants, public employees… If the employee is allowed to continue working at the agency or organization, he or she will be arranged to The job ensures supervision and education requirements, and receives salary and other benefits appropriate to the job they undertake, which is counted in their working time and active duty time according to the provisions of law.
At the same time, according to Article 52 and Article 53 of Decree No. 14/VBHN-BCT of the Ministry of Industry and Trade regulating e-commerce, organizations and individuals that establish and use e-commerce websites to sell goods do not have to register. business if the following conditions are met: Have a tax code; has notified the Ministry of Industry and Trade about setting up an e-commerce website for sales through the E-commerce Activities Management Portal before officially selling goods and providing services to users. Therefore, people with suspended sentences can still do business online as usual when meeting the above conditions (the law on enterprises only prohibits people who are being prosecuted for criminal liability, including those who are suspended sentence and not allowed to register a business, establish and manage an enterprise).
Furthermore, according to Decree No. 144/2020/ND-CP of the Government regulating performing arts activities, the law has no provisions prohibiting people sentenced to prison but with suspended sentences from performing such activities. Performing arts activities (including showbiz activities) but must comply with the law.
In addition, according to Article 41 of the 2015 Penal Code, amended and supplemented in 2017, the ban on holding certain positions, practicing certain professions or doing certain jobs is applied when it is considered that if the convicted person is allowed to hold a certain position. service, practice or work that may cause harm to society. The ban period is from 01 year to 05 years, from the date of completion of the prison sentence or from the date the judgment takes legal effect if the main penalty is a warning, fine, non-custodial reform or in other cases. The convicted person receives a suspended sentence.
Previously, on February 2, 2024, defendant Tran Thi Ngoc Trinh (34 years old, model Ngoc Trinh) was tried by the Ho Chi Minh City People’s Court for the crime of “Disturbing public order” with a penalty of 1 year in prison but a sentence of 1 year in prison. suspended sentence, and at the same time the court releases the defendant right in court if the defendant commits no other crimes.
According to Vietnamese Women
