Monday, September 10, 2012

Translation: Chen Pingfu Indictment for Inciting Subversion


People's Procuratorate for Lanzhou, Gansu

Indictment

Lanzhou Public Prosecutor No. 1
Indictment (2012) No. 120

Defendant Chen Pingfu, male, Han, born March 1, 1957, ID No. 6227251957-3-11415, college graduate, household registration: No. 101, 301 Xinxing Road, Shidong Village, Gaolan County, residing at Apt. 3B-202, No. 2, Fengning Deshang Residences, 284 Zaolin Road, Anning District, Lanzhou. Subjected to in-home surveillance on June 27, 2012 on suspicion of the crime of inciting subversion of state power, based on the decision of the Gaolan County Public Security Office.

Following the completion of an investigation by the Gaolan County Public Security Office, the People's Procuratorate for Gaolan County files a report of its investigation and its indictment with this court. An investigation in accordance with the law has shown:

From July 2007 to March 20012, defendant Chen Pingfu did on various occasions register blogs and microblogs under the name Chen Pingfu on Wangyi, Baidu, Sohu, Mtime, Sina, Tianya and other web sites, and published and republished 34 articles with titles such as "This is an Evil War  on Our Spiritual Home," "As the Weasel Serves the Chicken," "Oppose Barbarism, Act Civilized," "Pillaging? Enforcing the Law?," "When Ruling the Country in Accordance With Law Only Serves to Bind up the People," "An Unyielding Spirit Can Never be Subjugated!," "Learn From the Egyptians, We Will No Longer Tolerate the Deceptions of Flowery Speech," "I Can No Longer Suffer Humiliation in Silence," "Those Who Endure Socialism, Tolerate Difficult Times, and Dance Wearing Shackles," "Do Not Be an Accomplice to Slave Education," "The Horn to Overthrow Tyrants Has Already Sounded," "Get All Parties Out of Schools," "The Ghost of Autocracy's Knife - Hand it to Wang Lijun," "Do Not Toy With Me, The People of the World All Know," "If You Live, Awaken!," "Where There Are Great Leaders, There People Must Suffer!," "Shine a Bright Light on Reality, Use Enchanting Music to Move Society," "Those Intending to Stay the Tide of Democracy Are Opposing the Will of God," "Official Power is at the Heart of Autocracy, Civil Rights are the Heart of Democracy," "Chinese Characteristics -- The Leaders Produce the Ideology," "The Government May Not Take People's Livelihoods, The People of Tunisia Will Bring Down Ali," "Truth Has Force, Truth Has Power," "When Democracy and Rule of Law are Resisted, All Ethnicities Lose Out," "After Ten Days of Working Across The Country Trying to Make a Buck, I'm Once Again Sent Back Home, A Nightmare," "A Consensus is Forming in Humanity's Quest for Freedom and Dignity," "I Angrily Protest Relevant Agencies Denying Me My Right to Work and Earn a Livelihood!," "I Have Been Rendered Helpless, And Must Take This Path of No Return to Seek Freedom and Dignity," "I Want Freedom, I Want Dignity, I Want to Lead an Ordinary Life," "How Terrifying is This Tiger of Power," "I Have Been Cheated by My Own Servants in My Own Country," "A Nation Imprisoned by Ideology Has No Hope," "Having This Kind of Political System," and "The Greatest Enemy of Our Generation," stating that Marxism, Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the Three Represents, and the Scientific Development Concept did not offer any benefits to society; that the Communist Party's governance knows only the suppression of the people and will not allow people to have a livelihood; that the current political system is insufficiently democratic; that democratic constitutionalism should be put into practice; and other viewpoints intended to incite.

Providing support for the aforementioned criminal facts: documentary evidence, material evidence, the defendant's statements, and other evidence providing proof.

This office believes that the the defendant Chen Pingfu did, in disregard of state law, disseminate speech attacking the Party and the government, vilifying and libeling the state regime and the socialist system, and that his actions violated the provisions of Clause 2 of Article 105 of the "Criminal Law of the People's Republic of China," that the criminal facts are clear, the evidence is reliable and ample, and that he should be prosecuted for the crime of inciting subversion of state power. This indictment is filed in accordance with Article 141 of the "Criminal Procedure Law of the People's Republic of China," and we ask that he be punished in accordance with law.

Respectfully Submitted to the Intermediate People's Court of Lanzhou, Gansu

Acting Procurator: Wang Hailong

August 2, 2012


甘肃省兰州市人民检察院
起诉书
兰检公诉一诉[2012]120号

被告人陈平福,男,汉族,出生于1957年3月1日,身份证号码:622725195703011415,大学文化程度,户籍所在地:皋兰县石洞镇新兴路301号101,住兰州市安宁区枣林路284号丰宁德尚小区2号楼3B-202室。2012年6月27日因涉嫌煽动颠覆国家政权罪,经皋兰县公安局决定对其监视居住。

本案经皋兰县公安局侦查终结,由皋兰县人民检察院报送本院审查起诉。经依法审查查明:

2007年7月至2012年3月,被告人陈平福先后在网易、百度、搜狐、时光网、新浪、天涯等网站注册名为陈平福的博客或微博,发表、转载了标题为《这是一场心灵归宿的正邪大战》、《黄鼠狼为鸡服务》、《对抗野蛮,追求文明》、《抢劫?执法?》、《依法治国岂能只顾捆绑普通百姓》、《不屈的灵魂永远无法被征服!》、《向埃及人民学习,我们不想再忍受花言巧语的愚弄》、《我无法默默地忍受屈辱》、《社会主义挺着,艰难的日子忍着,戴着镣铐的舞跳着》、《不当奴化教育的帮凶》、《推翻独裁者的号角已经吹响》、《一切党派退出学校》、《专制刀下的鬼--送给王立军》、《不要忽悠我,地球人都知道》、《活着的人,醒来吧!》、《伟大领袖出现在哪里,那里的人民必定遭殃!》、《用明亮的灯光照亮现实,用迷人的琴声感动社会》、《企图阻挡民主潮流,就是抗拒上帝的旨意》、《专制制度以官权为中心,民主制度以民权为中心》、《中国特色--领导创造思想》、《政府不许非法谋生,突尼西亚人将阿里赶下台》、《真理具有力量,真话具有能量》、《抗拒民主和法制,全民族都是输家》、《十天内从大西北到大西南打工挣钱,又被迫返回原地,一场噩梦》、《人类对自由与尊严的追求正在达成共识》、《愤怒抗议有关部门剥夺我打工挣钱谋生的权利!》、《我被逼无奈,只好接着走这追求自由和尊严的不归之路》、《要自由、要尊严,我要像正常人一样生活》、《真的好可怕啊,权力这个老虎》、《我在自己的祖国被自己的仆人欺负》、《被禁锢思想的国家是没有希望的》、《有这样的一个政治制度》、《我们这个年代最大的敌人》等三十四篇文章,表达了马列主义、毛泽东思想、邓小平理论、三个代表和科学发展观对社会和人民没有任何好处。共产党执政只知道欺压百姓,不让百姓谋生;现行制度不够民主,应该实行民主宪政等煽动性的观点。

认定上述犯罪事实有:书证、物证、被告人供述等证据予以证实。

本院认为,被告人陈平福无视国法,在互联网上针对不特定的网民散布攻击党和政府的言论,诋毁、诬蔑国家政权与社会主义制度,其行为触犯了《中华人民共和国刑法》第一百零五条第二款之规定,犯罪事实清楚,证据确实、充分,应当以煽动颠覆国家政权罪追究其刑事责任。依照《中华人民共和国刑事诉讼法》第一百四十一条之规定,特提起诉讼,请依法判处。

此致

甘肃省兰州市中级人民法院

代理检察员:王海龙

二零一二年八月二日

Chinese version retrieved from: http://blog.sina.com.cn/s/blog_88613a260101596n.html

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