Translation:People v Qiu Jianzheng (2020)

Tangshan Intermediate People’s Court of Hebei, PR China

Criminal Judgement

[2020] Jih 02 Xing Chu No 9

Prosecution Authority: the People’s Procuratorate of Tangshan, Hebei (the ‘Prosecution’).

The Defendant, Qiu Jianzheng, male, born on 23 April 1989, ID No: [redacted], Han Chinese, educated up to vocational secondary school level, farmer, with the household registration and current residence at No 20 Xinli Street, Shiyi Village, Linnancang Town, Yutian County, Hebei. On suspicion of committing the crime of inciting subversion of state power, the Defendant was criminally detained on 18 September 2019 and formally arrested on the 29th of that month. He is now detained in Yutian County Detention Centre.

Designated defence counsel: Li Youfeng, a lawyer with Hebei Defa Law Firm.

On 3 January 2020, the Prosecution filed the present case with this Court by the Indictment [2020] Tang Jian Erbu Xingsu No 1 against the Defendant for committing the crime of inciting subversion of state power. This Court, upon review and receipt of this case, formed a collegial panel in compliance with the law and held a public hearing of the case under the ordinary procedure on 8 May 2020. Assigned by the Prosecution, Prosecutor Ning Qingwei and Assistant to the Prosecutor Tian Dongsheng 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 alleges that, from 31 May 2017 to 5 September 2019, the Defendant posted publicly on ‘Twitter’ of intentionally fabricated non-existent matters or seriously distorted facts, vilifying the leader of the Party and the state, defaming the state power and the socialist system.

To substantiate the aforesaid charges, the Prosecution proclaimed and presented in court such evidence as a distrained Apple mobile phone, ‘Electronic Data Inspection Report’, ‘Record of Remote Inspection’, ‘Mobile Phone Screenshots’, ‘Statement on the Appearance of the Suspect’, ‘Household Registration Certificate Letter’, and the ‘Confession of the Defendant’.

The Prosecution holds that, by ways of fabrication, libel, and such, the Defendant has incited the subversion of the state power and the overthrow of the socialist system; his acts have violated the provisions set out in Paragraph 2 of Article 105 of The Criminal Law of the People’s Republic of China, and therefore, shall be held criminally responsible for the crime of inciting subversion of state power. The Defendant voluntarily and truthfully confessed to his criminal offences, admitted to the charged criminal facts, and expressed willingness to accept punishments, for which he may be given a lighter punishment in accordance with Article 15 of The Criminal Procedure Law of the People’s Republic of China. Thus, the Prosecution suggests that the Defendant be sentenced to fixed-term imprisonment of nine (9) to twelve (12) months in between with deprivation of political rights of one (1) year, and pleads with this Court for a judgement according to law.

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 raised by the defence counsel are as follows: The Defendant pleaded guilty in a good manner and is willing to accept punishments; he voluntarily turned himself in after being verbally summoned by the public security organ and truthfully confessed to his criminal acts, which constituted voluntary surrender.

The Court, upon trial of this case, ascertains that, from 31 May 2017 to 5 September 2019, the Defendant posted publicly on ‘Twitter’ of intentionally fabricated non-existent matters or seriously distorted facts, vilifying the leader of the Party and the state, defaming the state power and the socialist system.

It is furthermore ascertained that the Defendant voluntarily turned himself in upon a phone-call summons made by the public security organ and truthfully confessed to the main criminal acts of him, which constituted voluntary surrender. The Defendant voluntarily pleaded guilty and consented to accept punishments during the Examination and Prosecution process and signed the ‘Binding Declaration on Pleading Guilty and Accepting the Punishments’.

The aforesaid facts are substantiated to be true and are therefore sufficient to establish by such evidence that has been subjected to cross-examination and confirmation in court as follows: a distrained Apple mobile phone, ‘Electronic Data Inspection Report’, ‘Record of Remote Inspection’, ‘Mobile Phone Screenshots’, ‘Statement on the Appearance of the Suspect’, ‘Household Registration Certificate Letter’, and the ‘Confession of the Defendant’.

This Court holds that the Defendant incited the subversion of the state power and the overthrow of the socialist system by ways of spreading rumours, libel, and such, constituting the crime of inciting subversion of state power, and he is, therefore, punishable according to law. The charges brought by the Prosecution are established. The defence opinions of the defence counsel, to wit, the Defendant pleaded guilty in a good manner and consented to accept punishments, voluntarily turned himself in after being verbally summoned by the public security organ and truthfully confessed to his criminal acts, which constituted voluntary surrender, have been examined and verified as true, and are therefore, adopted by this Court. Given the Defendant’s mitigating circumstance of voluntary surrender, his voluntary and truthful confession to his criminal offences, his admission of the charged criminal facts, and his willingness to accept punishments, a lighter punishment can be given to him. The sentencing recommendation provided by the Prosecution is appropriate and thus is adopted by this Court. In accordance with Paragraph 2 of Article 105, Paragraph 1 of Article 55, Paragraph 1 of Article 56, Article 64, Paragraph 1 of Article 67 of The Criminal Law of the People’s Republic of China, as well as Articles 15 and 201 of The Criminal Procedure Law of the People’s Republic of China, and upon deliberation and decision by the Adjudication Committee, the Court hereby rules that:

I. The Defendant committed the crime of inciting subversion of state power and is sentenced to fixed-term imprisonment of ten (10) months, with one (1) year of deprivation of political rights; (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 18 September 2019 and ends on 17 July 2020.) and

II. The instrument of crime, one (1) Apple smartphone, is to be confiscated.

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 Hebei High People’s Court 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 two (2) duplicated copies of the petition shall be submitted.