Page:上海市第二中级人民法院刑事判决书 阮晓寰 1.jpg

 Shanghai No 2 Intermediate People’s Court

Criminal Judgement

[2021] Hu 02 Xing Chu No 67

Prosecution Authority: No 2 Branch of the People’s Procuratorate of Shanghai (the ‘Prosecution’).

The Defendant, Ruan Xiaohuan, male, born in Quanzhou, Fujian, on 10 June 1977, Han Chinese, university dropout, unemployed, resides at No 558, Minjing Road, Yangpu District, Shanghai. The Defendant was criminally detained on 11 May 2021 for the present case, and formally arrested on 17 June of the same year. He is now detained in Shanghai Yangpu Detention Centre.

Defence counsel: Lu Peiyu, a lawyer with Shanghai Ruifa Law Firm.

The Prosecution filed the present case with this Court by the Indictment [2021] Hu Jian Erfen Erbu Xingsu No Z18 against the Defendant for committing the crime of inciting subversion of state power. Given that this case involves state secrets, this Court then formed a collegial panel in compliance with the law and held a closed hearing of the case. Assigned by the Prosecution, Prosecutor Xu Jing appeared in court on behalf of the People to present the case. The Defendant and his defence counsel appeared before the court to attend the proceedings. The trial of the case has now been concluded.

The Prosecution has charged the Defendant as follows:

Between June 2009 and May 2021, out of his long-standing discontent towards the political system and social governance patterns of our country, the Defendant, while residing at his aforesaid residence, used his own computer to compose over one hundred (100) seditious essays of rumours and libel which involved the attacking and smearing of the current political system of our country, inciting subversion of the state power, and attempting to overthrow the socialist system. The Defendant then posted these essays on a web platform overseas, driving a significant number of internet users to browse, leave comments, repost, and emulate him, and causing other vile consequences of such. · 1 ·