Translation:People v Guan Qingyuan (2020)

Guandu District People’s Court Kunming, Yunnan, PR China

Criminal Judgement

[2020] Yun 0111 Xing Chu No 2300

Prosecution Authority: the People’s Procuratorate of Guandu District of Kunming (the ‘Prosecution’).

The Defendant, Guan Qingyuan, male, born on 21 February 1987, Han Chinese, bachelor’s degree, is from Kunming, Yunnan, with household registration location in Guandu District, Kunming. On suspicion of committing the crime of picking quarrels and provoking trouble, the Defendant was criminally detained by the Guandu Branch of the Kunming Public Security Bureau on 27 June 2020 and formally arrested on 31 July 2020. He is now detained in Kunming Guandu Detention Centre.

Designated defence counsel: Li Hongchao, a lawyer with Yunnan Dianchuan Law Firm.

On 10 December 2020, the Prosecution filed the present case with this Court by the Indictment [2020] Guan Jian Yibu Xingsu No 1340 against the Defendant for the crime of picking quarrels and provoking trouble, and submitted the ‘Binding Declaration on Pleading Guilty and Accepting the Punishments’ to this Court. Upon receipt of this case, this Court then applied the ordinary procedure in compliance with the law, formed a collegial panel and held a public hearing of the case on 22 December 2020 in a courtroom of this Court. Assigned by the Prosecution, Prosecutor Cui Xuzhao appeared in court on behalf of the People to present the case. The Defendant and his designated defence counsel appeared before the court to attend the proceedings. The trial of the case has now been concluded.

The Prosecution alleges that, between March 2020 and June 2020, the Defendant, while residing at his residence in the Guandu District of this city, used his own mobile phone and computer, signed in to the overseas social app ‘Twitter’ many times with the help of some internet blockade circumvention technology, and repeatedly made public comments on and reposts of harmful information on the said social app that defamed the state leader, smeared the Chinese Communist Party and the Chinese government, and assailed the policies of the state in combatting the COVID-19 pandemic, severely undermining the national image and endangering the national interests.

The Prosecution holds that the Defendant has copiously disseminated information on an overseas web platform with the full knowledge that such information was fabricated false information that undermines the national image; his acts are sufficient to cause serious public disorder and, therefore, have violated the provisions set out in Article 293 of The Criminal Law of the People’s Republic of China, and thus he shall be held criminally responsible for the crime of picking quarrels and provoking trouble. Given that the Defendant has made a candid confession, pleaded guilty and consented to accept punishments, the Prosecution then suggests that a fixed-term imprisonment of not less than eight (8) months and not more than ten (10) months be given to the Defendant. The Prosecution has submitted such evidence to substantiate the charges as physical evidence, documentary evidence, witness testimony, the ‘Confession and Justification of the Defendant’, the ‘Extraction Record’, with audiovisual materials, and electronic data.

The Defendant has no objection to the factual charges, the name of the offence, and the sentencing recommendation, attested with signed statements, and did not contest during the court hearing.

The defence opinions of the designated defence counsel are as follows: The scope of influence of the Defendant was relatively limited, the societal harm caused thereof was relatively minor, and the defence counsel, therefore, suggests the application of public surveillance; the Defendant pleaded guilty and is willing to accept punishments; the Xiaomi computer, the 2 TB portable hard drive, and the Smartisan mobile phone distrained with the case are the personal property of the Defendant and are unrelated to this case, and therefore, shall be restituted.

Upon trial by the Court, the facts and evidence are ascertained to be consistent with the charges filed by the Prosecution. It was furthermore ascertained that, after the crime was committed, one (1) Pearl White RedMi Note 8 Pro mobile phone, one (1) black Smartisan Jianguo mobile phone, one (1) Xiaomi laptop computer, and one (1) yellow 2 TB portable hard drive were distrained from the Defendant. The aforesaid distrained articles are kept by the Guandu Branch of the Kunming Public Security Bureau. The Defendant was captured on 27 June 2020.

This Court holds that the Defendant has copiously disseminated information on an overseas web platform with the full knowledge that such information was fabricated false information that undermines the national image; his acts are sufficient to cause serious public disorder and have thus constituted the crime of picking quarrels and provoking trouble. The facts and the name of the offence charged by the Prosecution are established and are thereby confirmed by this Court. Regarding the defence opinion raised by the designated defence counsel of the Defendant, to wit, the Defendant pleaded guilty and is willing to accept punishments, it is confirmed to be consistent with the facts ascertained during the court hearing and conformant with related legal provisions, and therefore, is adopted by this Court. As for the defence opinion raised by the designated defence counsel, to wit, the scope of influence of the Defendant was relatively limited, the societal harm caused thereof was relatively minor, and therefore, the application of public surveillance is preferable, it is confirmed to be not consistent with the facts ascertained by this Court, and therefore, is not adopted. Given that the Defendant truthfully confessed to the main criminal facts of him upon apprehension, a lighter punishment can be given according to law. As for the one (1) Pearl White RedMi Note 8 Pro mobile phone, one (1) black Smartisan Jianguo mobile phone, one (1) Xiaomi laptop computer, and one (1) yellow 2 TB portable hard drive that were distrained with the case, since the existing evidence can only confirm that the Defendant used the Pearl White RedMi Note 8 Pro mobile phone in the commission of the crime, the Pearl White RedMi Note 8 Pro mobile phone, therefore, shall be confiscated, and the rest distrained articles shall be restituted. The sentencing recommendation provided by the Prosecution is appropriate and thus is adopted by this Court.

In conclusion, this Court, based on the facts, the nature, circumstances, the degree of societal harm of the crime committed by and the remorse shown by the Defendant, and in accordance with Article 293, Paragraph 3 of Article 67, and Article 64 of The Criminal Law of the People’s Republic of China, as well as Article 15 and Article 201 of The Criminal Procedure Law of the People’s Republic of China, hereby rules that:

I. The Defendant committed the crime of picking quarrels and provoking trouble and is sentenced to fixed-term imprisonment of eight (8) months;

(The term of imprisonment shall be counted from the date of execution of the judgement; where the Defendant is detained on remand prior to the execution of the judgement, one day of such detention shall be credited as one day of the sentence, that is, the term of imprisonment begins on 27 June 2020 and ends on 26 February 2021.) and

II. The one (1) mobile phone distrained with the case, the Pearl White RedMi Note 8 Pro, is to be confiscated; the other distrained articles, to wit, one (1) black Smartisan Jianguo mobile phone, one (1) Xiaomi laptop computer, and one (1) yellow 2 TB portable hard drive, are to be restituted to the Defendant.

If the Defendant refuses to accept the present judgement as final and binding, a petition for appeal may be submitted through this Court or directly to the Kunming Intermediate People’s Court of Yunnan within ten (10) days commencing on the day following the day of receipt of this judgement. In case of a written appeal, one (1) original copy and one (1) duplicated copy of the petition shall be submitted.