Translation:People v Jiang Tengda (2020)

by Xuanwu District People’s Court

Xuanwu District People’s Court
Nanjing, Jiangsu, PR China

Criminal Judgement

[2020] Su 0102 Xing Chu No 300

Prosecution Authority: the People’s Procuratorate of Xuanwu District of Nanjing, Jiangsu (the ‘Prosecution’).

The Defendant, Jiang Tengda, male, born on 17 March 1994 in Wuhan, Hubei, Han Chinese, educated up to vocational secondary school level, resides in Huangpi District, Wuhan, Hubei. On 8 March 2019, the Defendant was criminally detained by the Xuanwu Branch of the Nanjing Public Security Bureau on suspicion of committing the crime of illegally utilising the information network; on 12 April of the same year, the Defendant was placed under bail pending trial by the aforesaid PSB Branch; on 8 January 2020, the Defendant was formally arrested on suspicion of committing the crime of picking quarrels and provoking trouble. He is now detained in Nanjing No 3 Detention Centre.

Defence counsel: Zhang Ruifang, a lawyer with Beijing Jingshi (Nanjing) Law Firm.

The Prosecution filed the present case with this Court by the Indictment [2020] Ning Xuan Jiansu Xingsu No 210 against the Defendant for committing the crime of picking quarrels and provoking trouble. Upon receipt of this case, this Court then applied the ordinary procedure, formed a collegial panel in compliance with the law, and held a public hearing of the case. Assigned by the Prosecution, Prosecutor Jiang Huiming 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, around October 2018, the Defendant set up two (2) QQ groups, with himself being the leader and managing the groups. Members of the groups posted a large number of illegal remarks in the groups that involved insulting the Chinese People, insulting the state leader, insulting the martyrs, distorting the history of the Nanking Massacre, assailing Communism, and supporting the independence of Taiwan, which seriously disturbed the social order. The Prosecution holds that the acts of the Defendant have constituted the crime of picking quarrels and provoking trouble and, therefore, pleads for a punishment to be given to him according to law.

The Defendant holds no objection to both the facts charged and the nature determined by the Prosecution against him for committing the crime of picking quarrels and provoking trouble, and has admitted to the criminal charges. His defence counsel also holds no objection to the charges raised by the Prosecution against the Defendant for committing the crime of picking quarrels and provoking trouble but has raised that the Defendant was a first-time offender and his subjective malignancy was not profound, and therefore, the defence counsel pleads with the Court to give the Defendant a lighter punishment with discretion.

The Court, upon trial of this case, ascertains that:

Around October 2018, the Defendant set up a QQ group with the group ID XX (group name: XX) and another QQ group with the group ID XX (group name: XX),^[1] with himself being the leader and managing the groups with other group moderators. The Defendants then successively introduced Zhu X and others into the groups, with some of the group members being minors, and used the groups as a place for Zhu X, himself, and other group members to post a large number of illegal remarks therein that involved insulting the Chinese People, insulting the state leader, insulting the martyrs, distorting the history of the Nanking Massacre, assailing Communism, and supporting the independence of Taiwan, which seriously disturbed the social order.

On 8 March 2019, the Defendant was apprehended by the public security organ and brought back to the police station. He then truthfully confessed the aforesaid criminal facts upon apprehension.

The Defendant held no objection to the aforesaid facts during the court hearing. The facts of the case are furthermore substantiated by testimony of witnesses from Tan X, Yin X, Lü X-1, Lü X-2, Cheng X, Niu X, Zhu X, Hao X, Zhou X, and Wang X, as well as ‘Search Record’, ‘Examination Record’, ‘Record of Electronic Data Examination’, ‘Electronic Data of the Mobile Phone’, ‘Mobile Phone Screenshots’, ‘Decision on Administrative Penalty’, with ‘Course of Apprehension’ and ‘Household Registration Certification Materials’ of the Defendant issued by the public security organ, and among other evidence. All of the aforesaid evidence has been cross-examined in court to be lawful and valid, and therefore, has a probative effect.

This Court holds that the Defendant used the information network for the verbal abuse of others, in which the circumstances were serious; he fabricated false information and disseminated it on the information network, which created disturbances and caused serious public disorder; 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, and thereby, are supported by this Court. Given that the Defendant was able to confess truthfully to the crime he committed upon apprehension, which constitutes an honest confession, a lighter punishment can be given to him according to law. This Court, in order to protect the inviolability of the public order of society, and in accordance with Items 2 and 4 of Paragraph 1 of Article 293, Paragraph 3 of Article 67 of The Criminal Law of the People’s Republic of China, as well as 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, hereby rules that:

The Defendant committed the crime of picking quarrels and provoking trouble and is sentenced to fixed-term imprisonment of two (2) years.

(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 8 January 2020 and ends on 2 December 2021.)

(The fine shall be paid within one (1) month from the date of commencement of the judgement.)^[2]

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 Nanjing Intermediate People’s Court of Jiangsu 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.

Presiding Judge:	Xu Hai
People’s Juror:	Jiang Yongping
People’s Juror:	Yin Li
Decided on 21 October 2020
Court Clerk:	Gong Ningning

Notes

1 It was initially rendered like this in the original source text and was not redacted for personal information or privacy concerns.

2 This appears to be a redundant text fragment that the clerk inadvertently left in while using other judgments as a template since (1) there is no mention of a fine in the sentencing section, and (2) to impose a fine for a conviction of ‘picking quarrels and provoking trouble’, the Paragraph 2 of Article 293, the aggravating penalty to Paragraph 1, must be invoked, which shall result in the convicted be sentenced to a fixed-term imprisonment of no less than five years—a circumstance that evidently does not apply in this case.