Details of this case, including photographs of Dong Zehua's activities in Tiananmen Square, can be found in this article from the Los Angles Times: "He Tried to Commemorate Erased History. China Detained Him, Then Erased That Too" - https://www.latimes.com/world-nation/story/2021-06-24/china-world-history-erasure-youth-censorship.
See also: "Judgment in Case of Woman Jailed Six Months for T-Shirt Commemorating Tiananmen" - http://blog.feichangdao.com/2021/06/woman-jailed-commemorating-tiananmen-judgment.html.
People's Court of Dongcheng District, Beijing
(2019) Jing 0101 Criminal First Instance No. 789
The public prosecution agency was the People's Procuratorate of Dongcheng.
Defendant Dong Zehua, male, born May 7, 1991 in Xi'an, Shaanxi, Citizen ID No. XXX, Han ethnicity, undergraduate degree, unemployed, household registration location: Weiyang District, Xi'an, Shaanxi. On June 4, 2019, he was detained on suspicion of committing the crime of disturbing the peace. He was taken into custody on June 4, 2019, and was arrested on July 12 of the same year. He is currently being held in custody at the Beijing Dongcheng District Detention Center.
Defense counsel Qi Jie is a lawyer at the Beijing Weiheng Law Firm.
Defendant Yuan Shuai, male, born July 27, 1995 in Manzhouli, Inner Mongolia Autonomous Region, Citizen ID No. XXX, Han ethnicity, undergraduate degree, an employee of the Zhongshi Jinxin Advertising Co., Ltd. before the incident, household registration location: Manzhouli, Inner Mongolia Autonomous Region, now residing in Haidian District, Beijing. On June 4, 2019, he was detained on suspicion of committing the crime of disturbing the peace. He was taken into custody on June 4, 2019, and was arrested on July 12 of the same year. He is currently being held in custody at the Beijing Dongcheng District Detention Center.
Defense counsels Zhu Kefei and Rong Fangqing (trainee lawyer) are lawyers at the Beijing Contemporary Law Firm.
In the Jing Dong Procuratorate Public Criminal Prosecution (2019) No. 1698 indictment the People's Procuratorate of Dongcheng charged defendants Dong Zehua and Yuan Shuai with committing the crime of disturbing the peace, and on October 11, 2019 filed a public prosecution with this Court. In accordance with the law this Court utilized simplified procedures, held a single trial, and tried the case in open court. The People's Procuratorate of Dongcheng assigned Procurator Tong Jie to appear in court in support of the public prosecution, and defendant Dong Zehua and his defense counsel Qi Jie and defendant Yuan Shuai and his defense counsels Zhu Kefei and Rong Fangqing appeared in court to participate in the litigation. The trial has now concluded.
The public prosecution agency charged:
At 9:00 am on June 4, 2019, defendant Dong Zehua was wearing a T-shirt with sensitive markings on it and took photos in Tiananmen Square and posted the photos online. Defendants Dong Zehua and Yuan Shuai interviewed foreigners in Tiananmen Square and made inquiries into sensitive topics. After being taken into police custody, he voluntarily and truthfully made a statement about his crimes.
The public prosecution agency applied the procedure of pleading guilty and accepting punishment in referring the case to this Court, and proposed in writing that defendants Dong Zehua and Yuan Shuai should be punished with a sentence of a fixed term imprisonment of six months to one year.
Defendant Dong Zehua and his defense counsel raised no objections to the aforementioned facts during hearings at trial. In addition, these facts were substantiated by the process of how the defendant came into police custody, stolen goods recovery reports, job descriptions, witness Gao Doe's testimony, identification transcripts, Seizure Decisions, seizure transcripts, seized items lists, search transcripts; forensic opinions, on-site inspection reports, drug test processing forms, audiovisual materials, and defendants Dong Zehua's and Yuan Shuai's statements and household registration materials, which are sufficient to reach a determination.
Dong Zehua's defense counsel's defense opinion: After being taken into police custody defendant Dong Zehua was able to make a truthful statement of the criminal facts and confess his crime in court. He is a penitent first-time offender, and it is recommended he be shown leniency.
Yuan Shuai's defense counsels' defense opinion; After being taken into police custody defendant Yuan Shuai was able to make a truthful statement of the criminal facts and confess his crime in court. He has adopted a good attitude and is a first-time offender and in the joint crime he played a subordinate role, and it is recommended he be shown leniency.
This Court finds defendants Dong Zehua and Yuan Shuai disregarded national law, caused a disturbing incident in a public venue, and created serious chaos in a public venue. Their actions disrupted normal social management order, and constitute the commission of the crime of disturbing the peace, and in accordance with the law shall be punished.
The facts charged by the People's Procuratorate of Dongcheng are clear, the evidence it produced is reliable and copious, the offense charged is established, and the recommended sentence is appropriate.
With regards to defense counsel's defense opinion that defendant Yuan Shuai played a subordinate role in a joint crime, this Court finds that after the two defendants met they formed a joint criminal intent, the only distinction was a mere division of labor into different tasks, and they were both active participants in the commission of the joint crime. It would be inappropriate to distinguish between who was the leader and who was the subordinate, and that defense opinion is not accepted by this Court.
In view of the fact that after being taken into police custody the two defendants made truthful statements and voluntarily plead guilty in court, and that they are both first-time offenders, this Court will show leniency to the two defendants.
This Court accepts the public prosecution agency's leniency recommendation and the defense counsels' relevant defense opinions. Accordingly, in accordance with the provisions of Articles 293(1), 25(1), 67(3), and 64 of the "Criminal Law of the People's Republic of China" and Article 5 of the "Supreme People's Court's Interpretation Regarding Certain Questions About the Specific Laws to be Used in Adjudicating Criminal Cases of Illegal Publications," this Court's judgment regarding defendants Dong Zehua and Yuan Shuai is as follows:
1. Defendant Dong Zehua committed the crime of disturbing the peace, and is sentenced to a fixed term imprisonment of seven months.
(The prison term is to be calculated starting on the day the judgment is executed, and each day in custody prior to the execution of the judgment shall count as one day of the prison term, that is from June 4, 2019 to January 3, 2020.)
2. Defendant Yuan Shuai committed the crime of disturbing the peace, and is sentenced to a fixed term imprisonment of six months.
(The prison term is to be calculated starting on the day the judgment is executed, and each day in custody prior to the execution of the judgment shall count as one day of the prison term, that is from June 4, 2019 to December 3, 2019.)
3. The tools used in the commission of the offense that were seized shall be confiscated by the agency responsible for seizing them in accordance with the law.
If any party does not accept this judgment, they may within 10 days after the second day after receiving this written judgment bring an appeal through this Court or directly to the No. 2 Intermediate People's Court of Beijing. A written appeal should be submitted with one original and two copies of the appeal brief.
Adjudicator Bai Chongwei
October 30, 2019
Clerk Luo Yejun