Father Dang Huu Nam has committed crimes against the state.

May 4, 2017 08:09

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

Nearly 600 veterans of the Cau Giat battle vehemently protest against Father Dang Huu Nam.

Lawyer: Father Dang Huu Nam committed serious violations of the law.

"The Nghe An Veterans Association has requested the prosecution of Father Dang Huu Nam."

"Priest Dang Huu Nam and Nguyen Dinh Thuc betrayed Jesus."

Đặng Hữu Nam
"Regardless of the motive, the actions of this priest are highly reprehensible," said Dr. Nguyen Trong Hai, a lawyer.

On April 30, 2017, Father Dang Huu Nam, parish priest of Phu Yen (An Hoa commune, Quynh Luu district), organized for children and teenagers to stand in the scorching sun for many hours, displaying banners and slogans, instilling unhealthy perceptions and ideologies into their minds; exploiting children to distort and misrepresent history, insulting the honor and dignity of millions of Vietnamese people; and openly plotting against the Party and the State.

Nghe An Newspaper had an interview with Dr. Nguyen Trong Hai, Lawyer and Head of Trong Hai & Associates Law Office, regarding the aforementioned incident.

Pv:Public opinion is extremely outraged by the fact that Father Dang Huu Nam has distorted history based on undeniable evidence. What is the lawyer's view on this matter?

Lawyer Nguyen Trong Hai:The abuse of democratic freedoms and the dissemination of distorted information about the sacred historical values ​​of the nation are unacceptable acts. Regardless of the motive, the actions of this priest are highly reprehensible. The tactics and schemes employed by this priest recently, especially on April 30, 2017, are nothing new, outdated, and out of tune with reality. The public reaction and boycott in recent days demonstrate the wrongfulness of Dang Huu Nam's actions.

Pv:From a legal perspective, could you provide a more in-depth analysis of the elements constituting a crime in relation to the actions of Father Dang Huu Nam?

Lawyer Nguyen Trong Hai:The actions of Father Dang Huu Nam show signs of constituting the crime of "Propaganda against the Socialist Republic of Vietnam" as stipulated 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 infringes upon the existence and stability of the Socialist Republic of Vietnam.

Article 88. Crime of propaganda against the Socialist Republic of Vietnam.

1. Any person who commits any of the following acts with the aim of opposing the Socialist Republic of Vietnam shall be sentenced to imprisonment from three to twelve years:

a) Spreading distorted and defamatory propaganda against the people's government;

b) Propagating psychological warfare tactics and spreading fabricated rumors to cause panic among the people;

c) Producing, possessing, or circulating documents and cultural products with content against the Socialist Republic of Vietnam.

2. Committing the crime in particularly serious circumstances shall be punishable by imprisonment from ten to twenty years.

From an objective standpoint, the crime of propaganda includes acts that distort the socialist regime, propagate psychological warfare rhetoric, spread fabricated rumors to cause panic among the people; and produce, possess, and circulate cultural products with content against the Socialist Republic of Vietnam with the aim of opposing the people's government. The actions of Father Dang Huu Nam involved distorting and slandering the people's government through words and deeds, thereby spreading reactionary ideas that distort the policies of the Party and State, and sowing doubt and dissatisfaction with the Socialist Republic of Vietnam. This act was carried out openly by Dang Huu Nam, and this is concrete evidence.

The act constitutes an aggravating circumstance under point n, Article 48 of the Penal Code, "Inciting a minor to commit a crime." For this offense, the maximum penalty is 20 years imprisonment.

Pv:Particularly dangerous is the fact that on April 30, 2017, Father Dang Huu Nam organized children to take to the streets, standing in the sun, using banners and slogans to propagate and distort history. According to him, which national and international legal documents did this act violate?

Lawyer Nguyen Trong Hai:As mentioned above, the illegal act is stipulated in Article 88 of the current Penal Code of the Socialist Republic of Vietnam, with aggravating circumstances as prescribed in point n, Article 48 of the Penal Code, "Inciting minors to commit crimes." Furthermore, the method of using children to achieve this purpose is contrary to the 2012 Law on Children: "Using, enticing, instigating, inciting, exploiting, luring, seducing, or coercing children to commit acts that violate the law or offend the honor and dignity of others" (Clause 5, Article 6). Moreover, this act goes against the principles of the 1989 International Convention on the Rights of the Child.

Hàng trăm CCB dự lễ mít tinh phản đối những luận điệu xuyên tạc lịch sử của linh mục Đặng Hữu Nam.
Hundreds of war veterans attended a rally protesting the historical distortions of Father Dang Huu Nam.

Pv:The Provincial Veterans Association has submitted a document requesting the prosecution of Father Dang Huu Nam. Public opinion suggests that not only Father Dang Huu Nam should be severely punished, but also a segment of parishioners who, due to being exploited and incited, have committed illegal acts. What are your thoughts on this information, and what advice can you offer to those who are being incited and exploited, including children in Song Ngoc parish?

Hành vi này được Đặng Hữu Nam thực hiện một cách công khai và đó là chứng cứ cụ thể.
Dr. Nguyen Trong Hai, a lawyer, affirmed that Dang Huu Nam's actions were carried out openly.

Lawyer Nguyen Trong Hai:For parishioners who are exploited and incited to commit illegal acts, there also needs to be deterrent and firm measures. We believe that some citizens need to have their own opinions and clear understanding; citizens are allowed to do anything that the law does not prohibit, but allowing others to exploit them and act contrary to the law, leading to legal consequences, is something citizens should avoid.

This incident also shows that the parents who allowed Father Dang Huu Nam to exploit their children, instigating, coercing, and organizing them to participate in illegal and immoral activities have failed in their parental responsibilities. More than anyone else, parents need to know how to protect their children, ensuring they are not harmed in terms of health, cognitive impact, or personality deviation.

Furthermore, families, schools, communities, and the government must also have forms and measures to clearly demonstrate their responsibility in protecting children's rights in accordance with the Law on Children and the United Nations Convention on the Rights of the Child, to which Vietnam is a signatory and has the responsibility to disseminate and implement.

PvThank you for this conversation!

Reporters

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Father Dang Huu Nam has committed crimes against the state.
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