Priest Dang Huu Nam committed the crime of opposing the state.

(Baonghean.vn) - From a lawyer's perspective, the behavior of priest Dang Huu Nam shows signs of constituting the crime of 'Propaganda against the Socialist Republic of Vietnam' as stipulated in Article 88 of the 1999 Penal Code.

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"Regardless of the motive, this priest's actions are highly condemnable," said Dr. Lawyer Nguyen Trong Hai.

On April 30, 2017, Father Dang Huu Nam, Parish Priest of Phu Yen (An Hoa Commune, Quynh Luu District) organized for teenagers and children to go out in the hot sun for many hours, displaying banners and slogans, stuffing into the children's minds unhealthy perceptions and thoughts; taking advantage of children to distort and falsify history, insulting the honor and dignity of millions of Vietnamese people; openly plotting to sabotage the Party and the State.

Nghe An Newspaper had an interview with Dr., Lawyer Nguyen Trong Hai - Head of Trong Hai & Associates Law Office about the above incident.

Pv:Public opinion is extremely outraged by the fact that priest Dang Huu Nam has distorted history through very clear and undeniable evidence. What is the lawyer's opinion on this issue?

Lawyer Nguyen Trong Hai:Taking advantage of democratic freedoms to propagate and distort the sacred historical values ​​of the nation is an unacceptable act. Regardless of the motive, this priest's actions are highly condemnable. The tricks and tactics of this priest in the recent past, especially on April 30, 2017, are nothing new, outdated and out of tune. The reaction and boycott of society in the past few days show the wrongdoings of Dang Huu Nam.

Pv:From a legal perspective, can you analyze more deeply the basis for the crime of priest Dang Huu Nam's actions?

Lawyer Nguyen Trong Hai:The behavior of priest Dang Huu Nam shows signs of constituting the crime of "Propaganda against the Socialist Republic of Vietnam" as prescribed in Article 88 of the 1999 Penal Code.

In terms of the object of the crime, the crime of propaganda against the Socialist Republic of Vietnam (SR) infringes upon the existence and strength of the SRV.

In terms of the objective aspect of crime, propaganda is the act of distorting the socialist regime, propagating psychological warfare, spreading fabricated news to cause confusion among the masses; producing, storing, and circulating cultural products with content against the Socialist Republic of Vietnam with the aim of opposing the people's government. The act of priest Dang Huu Nam is to propagate, distort, and defame the people's government through words and actions, thereby spreading reactionary ideas that distort the Party and State's policies and guidelines, sowing doubt and dissatisfaction with the Socialist Republic of Vietnam. This act was carried out openly by Dang Huu Nam and that is concrete evidence.

The act has aggravating circumstances for criminal liability as prescribed in Point n, Article 48 of the Penal Code “Inciting minors to commit crimes”. For this crime, the maximum penalty is 20 years in prison.

Pv:Particularly dangerous is that on April 30, 2017, priest Dang Huu Nam organized a demonstration to bring children to the streets, standing in the sun, using banners and slogans to serve the purpose of propaganda and distorting history. In your opinion, which national and international legal documents does this act violate?

Lawyer Nguyen Trong Hai:As mentioned above, the illegal act is regulated in Article 88 of the current Penal Code of the Socialist Republic of Vietnam, with aggravating circumstances of criminal liability as prescribed in Point n, Article 48 of the Penal Code “Inciting minors to commit crimes”. On the other hand, the method of using children to carry out the purpose is also contrary to the Law on Children 2012: “Using, enticing, inciting, inciting, exploiting, luring, seducing, forcing children to commit illegal acts, insulting the honor and dignity of others”. (Clause 5, Article 6). Furthermore, this act goes against the principles of the 1989 International Convention on the Rights of the Child.

Hundreds of war veterans attended a rally to protest against the historical distortions of priest Dang Huu Nam.

Pv:The provincial Veterans Association has sent a document requesting the prosecution of priest Dang Huu Nam. Public opinion believes that not only must priest Dang Huu Nam be severely punished, but also that a number of parishioners who have been exploited and incited to commit violations of the law must be severely punished. What is your opinion on the above information, and can you give advice to those who are being incited and exploited, including children in Song Ngoc parish?

Doctor, Lawyer Nguyen Trong Hai affirmed: Dang Huu Nam's actions were carried out publicly.

Lawyer Nguyen Trong Hai:For parishioners who are taken advantage of and incited to commit illegal acts, there must be deterrent measures and strict handling. We believe that some people need to have clear opinions and awareness. Citizens are allowed to do what the law does not prohibit, but allowing others to take advantage of them and act against the provisions of the law, leading to legal consequences, is something that people should avoid.

In this incident, it can also be seen that the parents who allowed priest Dang Huu Nam to take advantage of their children, incite, force and organize their children to participate in illegal and unethical acts have not fulfilled their responsibilities as parents. More than anyone else, parents need to know how to protect their children, ensure that their children are not harmed in health, affected in cognition, or have their personalities distorted.

Along with that, families, schools, communities, and governments must also have forms and measures to demonstrate clear responsibility in protecting children's rights according to the Law on Children, according to the United Nations Convention on the Rights of the Child, of which Vietnam is a member state responsible for disseminating and implementing.

Pv:Thank you for this conversation!

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