Translation:People v Liu Hai (2019)

Lianshan District People’s Court Huludao, Liaoning, PR China

Criminal Judgement

[2019] Liao 1402 Xing Chu No 310

Prosecution Authority: the People’s Procuratorate of Lianshan District, Huludao, Liaoning (the ‘Prosecution’).

The Defendant, Liu Hai, male, born on 26 May 1986, Han Chinese, educated up to primary school level, unemployed, household registration location in Lianshan District, Huludao, Liaoning, resided in Lianshan District, Huludao before apprehension. The Defendant was criminally detained for the present case on 21 June 2019 by the Lianshan Branch of the Public Security Bureau of Huludao and was put under residential surveillance by the aforementioned PSB Branch on 3 July 2019. Upon the decision of this Court, on 4 September 2019, the Defendant was formally arrested according to law. He is now detained in Huludao Detention Centre.

On 6 September 2019, the Prosecution filed the present case with this Court by the Indictment [2019] Hu Lian Jian Xingsu No 267 against the Defendant for committing the crime of picking quarrels and provoking trouble. This Court then formed a collegial panel in compliance with the law and held a closed hearing of this case. Assigned by the Prosecution, Prosecutors Wang Jian and Shi Jiahe appeared in court on behalf of the People to present the case. The Defendant appeared before the court to attend the proceedings. The trial of the case has now been concluded.

The Prosecution alleges that, on the morning of 17 June 2019, at his home located in the Lianshan District of Huludao, the Defendant used his own mobile phone (phone number: 135 xxxx 0978) to sign in to the Tencent QQ chat app and verbally abused the state leader in a chat group within the app.

The Defendant has no objection to both the name of the offence and the criminal facts charged by the Prosecution.

The Court, upon trial of this case, ascertains that on the morning of 17 June 2019, at his home located in the Lianshan District of Huludao, the Defendant used his own mobile phone to sign in to the Tencent QQ chat app and released abusive messages directed at the state leader in a chat group within the app.

The aforesaid facts are substantiated by the evidence listed as follows:

1. The confession of the Defendant states that ‘On the morning of 17 June 2019, I was at home and browsing the internet with my mobile phone. Since my disability allowance was deprived for reasons that I do not quite understand, and I heard that the reason the national purchase price for maize was lowered had something to do with the [state] leader, I then, therefore, released abusive messages directed at the state leader in a QQ chat group set for people with disabilities in Tianjin.’

2. ‘Inventory of Distrained Articles’, ‘Inventory of Returned Articles’, and ‘Photos of the Distrained Mobile Phone’, confirm that one (1) blue OPPO A5 mobile phone was lawfully distrained from and later returned to the Defendant by the public security organ.

3. The ‘Work Log of Electronic Evidence Examination’ (cite as: [2019] Hu Gong (Dian Jian) Jian Zi No J00058) confirms the circumstances of the data extraction from the mobile phone of the Defendant.

4. The ‘Household Registration Certificate’ and the ‘Real-Life Performance Report’ of the Defendant confirm his identity, that he is capable of criminal responsibility, and has no previous criminal record.

5. The ‘Source of the Case’ and the ‘Course of Apprehension’ confirm the circumstances of the detection of the case and the course of apprehension, where in this case, the Defendant was captured.

The aforesaid evidence has been subject to cross-examination during the court hearing and verified to be corroborative; therefore, it can be used as the basis for concluding the case and is thereby confirmed by this Court.

This Court holds that the Defendant had used the information network to verbally abuse others, the circumstances were serious, and his acts have constituted the crime of picking quarrels and provoking trouble. The criminal facts and the name of the offence charged by the Prosecution are established, and the opinions of the Prosecution are adopted by this Court. Given that the Defendant truthfully confessed to all the criminal facts promptly upon apprehension and voluntarily pleaded guilty during the court hearing, which constitutes an honest confession, a lighter punishment can be given. In conclusion, in accordance with Article 293 and Article 67 of The Criminal Law of the People’s Republic of China, the Court hereby rules that:

The Defendant committed the crime of picking quarrels and provoking trouble and is sentenced to fixed-term imprisonment of six (6) 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. In addition, the thirteen (13) days of prior administrative detention are also deemed serving and shall be credited and deducted from the whole term. Thus, the term of imprisonment begins on 4 September 2019 and ends on 19 February 2020.)

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 Huludao Intermediate People’s Court of Liaoning 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 ten (10) duplicate copies of the petition shall be submitted.