Translation:People v Wen Chang’an (2020)

Weidu District People’s Court Xuchang, Henan, PR China

Criminal Judgement

[2020] Yuh 1002 Xing Chu No 314

Prosecution Authority: the People’s Procuratorate of Weidu District of Xuchang (the ‘Prosecution’).

The Defendant, Wen Chang’an, male, born on 23 May 1963, Han Chinese, bachelor’s degree, a member of the China National Democratic Construction Association (CNDCA), worked as a senior lecturer in the Department of Electrical and Mechanical Engineering of the Xuchang Electrical Vocational College, resides in Dongcheng District of Xuchang, with the household registration location in Weidu District of Xuchang. On suspicion of picking quarrels and provoking trouble, the Defendant was placed under bail pending trial on 3 December 2019 by the Weidu Branch of the Xuchang Public Security Bureau; on suspicion of committing the crime of picking quarrels and provoking trouble, the Defendant was placed under bail pending trial by the Prosecution on 2 July 2020. On 4 August 2020, upon the decision of this Court, the Defendant was formally arrested by the aforesaid PSB Branch.

Entrusted defence counsel: Duan Shuyu, a lawyer with Hebei Yulong Law Firm.

On 4 August 2020, the Prosecution filed the present case with this Court by the Indictment [2020] Xu Wei Jian Yibu Xingsu No 276 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 public hearing of this case. Assigned by the Prosecution, Prosecutor Yue Zhenyi appeared in court on behalf of the People to present the case. The Defendant and his entrusted defence counsel appeared before the court to attend the proceedings. The trial of the case has now been concluded.

The Prosecution alleges that, between November 2018 and August 2019, the Defendant used his laptop computer to access the internet, and by using blockade circumvention software, the Defendant signed in to the overseas social network platform Twitter with the account @malakamala registered by himself, copiously reposted, commented, and posted over one thousand five hundred (1,500) tweets that vilified and verbally abused the state leader and the Chinese Communist Party, and attacked the political system of China. The number of followers of the Twitter account of the Defendant has reached five hundred and twenty-seven (527). After the crime was committed, the laptop computer used by the Defendant was distrained by the public security organ.

To substantiate the aforesaid facts, the Prosecution proclaimed and presented evidence in court as follows: 1. Documentary evidence; 2. Witness testimony; 3. ‘Confession and Justification of the Defendant’; 4. ‘Inspection Record’; 5. Electronic data. Based on the aforesaid evidence, the Prosecution firmly holds that the Defendant fabricated false information and disseminated it on the information network, which caused serious public disorder; his acts have constituted the crime of picking quarrels and provoking trouble, and thereby shall be punished in accordance with Item 4 of Paragraph 1 of Article 293 of The Criminal Law of the People’s Republic of China. Given that the Defendant has pleaded guilty and consented to accept punishments, he can, therefore, be dealt with leniently. The Prosecution then suggests a fixed-term imprisonment of one (1) year be given to the Defendant.

The Defendant has no objection to the charged name of offence and the criminal facts. The defence opinions raised by the defence counsel are as follows: 1. No objection to the charged name of offence and the criminal facts, but object to the legal provision applied in the Indictment; the appropriate provision should be Item 2 of Paragraph 1 of Article 293 of The Criminal Law of the People’s Republic of China; 2. The defence counsel reckons that a suspended sentence may be applied to the Defendant.

The Court, upon trial of this case, ascertains that, between November 2018 and August 2019, the Defendant used his laptop computer to access the internet, and by using blockade circumvention software, the Defendant signed in to the overseas social network platform Twitter with the account @malakamala registered by himself, copiously reposted, commented, and posted over one thousand five hundred (1,500) tweets that vilified and verbally abused the state leader and the Chinese Communist Party, and attacked the political system of China. The number of followers of the Twitter account of the Defendant has reached five hundred and twenty-seven (527). After the crime was committed, the laptop computer used by the Defendant was distrained by the public security organ.

The aforesaid criminal facts were also not contested by the Defendant during the court hearing, supported by pertinent evidence verified in court to be true, and are therefore sufficient to establish.

This Court holds that the Defendant fabricated false information and disseminated it on the information network, which caused serious public disorder, and his acts, therefore, have constituted the crime of picking quarrels and provoking trouble. The criminal facts charged by the Prosecution against the Defendant for committing the crime of picking quarrels and provoking trouble are clear, the evidence is reliable and sufficient, and therefore, the charges filed by the Prosecution are established. Given that the Defendant has voluntarily pleaded guilty, consented to accept punishments, and signed the ‘Binding Declaration on Pleading Guilty and Accepting the Punishments’, leniency, therefore, can be considered at discretion. In the present case, the Defendant disseminated false information on the information network, causing serious public disorder, and therefore, the defence opinions raised by his defence counsel are not adopted. The sentencing recommendation provided by the Prosecution is appropriate and thus is adopted by this Court. In accordance with Paragraph 1 of Article 293 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 one (1) year.

(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 4 August 2020 and ends on 3 August 2021.)

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 Xuchang Intermediate 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.