Translation:People v Sun Jiadong (2020)

Zhengzhou High-Tech Industrial Development Zone People’s Court Zhengzhou, Henan, PR China

Criminal Judgement

[2020] Yuh 0191 Xing Chu No 566

Prosecution Authority: the People’s Procuratorate of Zhengzhou High-Tech Industrial Development Zone of Henan (the ‘Prosecution’).

The Defendant, Sun Jiadong, male, born on 27 April 1979, Han Chinese, educated up to vocational college level, a labourer, with the household registration location in the Zhengzhou Economic and Technological Development Zone, and currently resides in Jinshui District of Zhengzhou. On 13 November 2019, the Defendant was penalised for the present case with fifteen (15) days of administrative detention by decision of the Economic and Technological Development Zone’s Branch of the Zhengzhou Public Security Bureau. On suspicion of committing the crime of picking quarrels and provoking trouble, the Defendant was criminally detained on the 22nd of the same month by the aforesaid PSB Branch. On suspicion of committing the crime of inciting subversion of state power, the Prosecution approved the formal arrest of the Defendant on 3 December of the same year, which was conducted by the aforesaid PSB Branch the next day.

Defence counsel: Su Chaoshuai and Li Sujing, lawyers with Henan Yaomin Law Firm.

The Prosecution filed the present case with this Court by the Indictment [2020] Zheng Kai Jian Yibu Xingsu No 104 against the Defendant for committing the crime of picking quarrels and provoking trouble, and suggested this Court that the case be tried with expedited procedure. Upon examination, this Court decided to apply the ordinary procedure and formed a collegial panel in compliance with the law. Given that the case involves state security concerns, this case was then tried with a closed hearing upon the decision of this Court. During the course of the trial, due to the involvement of state security concerns in the case, and upon the approval of the Zhengzhou Intermediate People’s Court, a decision was made to extend the time limit for reaching an adjudication by three (3) months. Assigned by the Prosecution, Prosecutor Zhang Jiao 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, between August 2017 and November 2019, the Defendant registered an account on the overseas website Twitter, with @BRAVEHEART8964 as his UID and ‘Ziyou Xiongxin’ as his username. The Defendant then copiously disseminated false information relating to major domestic events on the website Twitter, which has seriously undermined the national image, severely endangered the national interests, created disturbances and obfuscated the truth, causing serious public disorder. On the profile page of the Twitter account with the username of ‘Ziyou Xiongxin’ (Twitter UID: @BRAVEHEART8964), upon identification, this user has reposted, commented, and posted three hundred and five (305) pieces of content that concern Hong Kong, Taiwan, Xinjiang, the police, and anti-Communism; the user has followed one hundred and thirty-six (136) accounts and received twenty-seven (27) followers. And upon verification, the inappropriate remarks released by the Defendant were commented on by internet users ninety-five (95) times, liked by internet users one hundred and sixty-eight (168) times, and retweeted by internet users ten (10) times.

On 13 November 2019, the Defendant appeared at the police station upon a telephone notification.

With regard to the aforesaid factual charges, the Prosecution has presented and submitted in court the evidence as follows: ‘Confession and Justification of the Defendant’, ‘Forensic Evaluative Opinions’ issued by the Joint Forensics Centre of Henan, ‘Household Registration Certificate’, ‘Certificate of No Criminal Record’, ‘Course of Appearance of the Suspect’, ‘Statement on the Verification of Circumstances’, ‘Decision on Administrative Penalty’ and the ‘Enforcement Receipt’, ‘Information on the Released Remarks’, ‘Photos of the Mobile Phone’, ‘Inventory of Distrained Articles and/or Documents’, and among other evidence. The Prosecution, based on the aforesaid evidence, held that the acts of the Defendant had constituted the crime of picking quarrels and provoking trouble and suggested a fixed-term imprisonment of nine (9) months be given to the Defendant. However, after comprehensively weighing the circumstances of the crime and the degree of the societal harm caused by the Defendant, the Prosecution has adjusted their sentencing recommendation in court and suggested a fixed-term imprisonment of eleven (11) months be given to the Defendant. The Prosecution then presented the case to this Court and pleaded for a judgement according to law.

The Defendant and his defence counsel have no objection to both the facts and the name of the offence charged by the Prosecution. His defence counsel argues that the influence on domestic social order caused by the remarks released by the Defendant on Twitter was limited, and given that the Defendant has pleaded guilty and consented to accept punishments, the defence counsel, therefore, suggests that a lighter punishment be given to the Defendant.

The Court, upon trial of this case, ascertains that, between August 2017 and November 2019, the Defendant registered an account on the overseas website Twitter, with @BRAVEHEART8964 as his UID and ‘Ziyou Xiongxin’ as his username. The Defendant then copiously disseminated false information relating to major domestic events on the website Twitter, which has seriously undermined the national image, severely endangered the national interests, created disturbances and obfuscated the truth, causing serious public disorder. On the profile page of the Twitter account with the username of ‘Ziyou Xiongxin’ (Twitter UID: @BRAVEHEART8964), upon identification, this user has reposted, commented, and posted three hundred and five (305) pieces of content that concern Hong Kong, Taiwan, Xinjiang, the police, and anti-Communism; the user has followed one hundred and thirty-six (136) accounts and received twenty-seven (27) followers. And upon verification, the inappropriate remarks released by the Defendant were commented on by internet users ninety-five (95) times, liked by internet users one hundred and sixty-eight (168) times, and retweeted by internet users ten (10) times.

On 13 November 2019, the Defendant appeared at the police station upon a telephone notification.

The evidence establishing the aforesaid facts is: ‘Confession and Justification of the Defendant’, ‘Forensic Evaluative Opinions’ issued by the Joint Forensics Centre of Henan, ‘Household Registration Certificate’, ‘Certificate of No Criminal Record’, ‘Course of Appearance of the Suspect’, ‘Statement on the Verification of Circumstances’, ‘Decision on Administrative Penalty’ and the ‘Enforcement Receipt’, ‘Information on the Released Remarks’, ‘Photos of the Mobile Phone’, ‘Inventory of Distrained Articles and/or Documents’, and among other evidence.

This Court holds that the Defendant has created disturbances in a public place and caused serious disorder in that place; his acts, therefore, have constituted the crime of picking quarrels and provoking trouble. The facts charged by the Prosecution are clear, the evidence is reliable and sufficient, and therefore, the charges are established and are supported by this Court.

Given that the Defendant appeared in the police station upon a telephone summons, made a truthful confession thereafter, and pleaded guilty and consented to accept punishments, which constitute a voluntary surrender, he can be given a lighter or mitigated punishment according to law. Based on the facts, the nature, circumstances, and the degree of societal harm of the crime committed by the Defendant, upon deliberation and decision by the Adjudication Committee of this Court, and in accordance with Item 4 of Paragraph 1 of Article 293 and Paragraph 1 of Article 67 of The Criminal Law of the People’s Republic of China, as well as Paragraph 2 of Article 5 of The Supreme People’s Court and the Supreme People’s Procuratorate’s Interpretation on Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Defamation and Other Such Crimes Involving the Use of Information Networks, the Court hereby rules that:

The Defendant committed the crime of picking quarrels and provoking trouble and is sentenced to fixed-term imprisonment of one (1) year and one (1) month.

(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 term of the sentence. Thus, with nine (9) days of custody prior to criminal detention being deducted, the term of imprisonment began on 22 November 2019 and ended on 12 December 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 Zhengzhou Intermediate People’s Court of Henan 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.