Summary: A court found Jie guilty on the grounds that she "stood in an area crowded with tourists in the vicinity of the national flag pole in Tiananmen Square wearing a white t-shirt upon which was written 'Freedom of Speech, Vindicate June Fourth, Oppose Repeating the Tragedy.'" The court said that it showed leniency in sentencing Jie to six months imprisonment on the grounds that Jie "made a truthful confession of her crime."
People's Court of Dongcheng, Beijing
Criminal Judgment
(2019) Jing 0101 Criminal First Instance No. 9461
The public prosecution agency was the People's Procuratorate of Dongcheng, Beijing.
Defendant Jie Ruixue, female, born [INTENTIONALLY OMITTED], 1987 in Linkou County, Heilongjiang, Citizen ID No. XXX, Han ethnicity, college education, unemployed, household registration address: Linkou County, Heilongjiang. On August 22, 2019, she was taken into custody on suspicion of committing the crime of disturbing the peace, and was arrested on September 26 of the same year. She is currently being held in custody at the Dongcheng Detention Center in Beijing.
Defense counsel Lin Shan is a lawyer at the Heilongjiang Guo Sheng Law Firm.
In the Jing Dong Procuratorate First Criminal Indictment (2019) No. 975 indictment the People's Procuratorate of Dongcheng, Beijing charged defendant Jie Ruixue with committing the crime of disturbing the peace, and on November 21, 2019 filed a public prosecution with this Court. This Court utilized simplified procedures in accordance with the law, implemented a single judge trial, and tried this case in open court. The People's Procuratorate of Dongcheng, Beijing assigned Procurator Tong Jie to appear in court in support of the public prosecution, and defendant Jie Ruixue and her defense counsel Lin Shan appeared in court to participate in the proceedings. The trial has now concluded.
The public prosecution agency charged:
At about 10:00 am on August 22, 2019, defendant Jie Ruixue, in an expression of her personal will, stood in an area crowded with tourists in the vicinity of the national flag pole in Tiananmen Square wearing a white t-shirt upon which was written "Freedom of Speech, Vindicate June Fourth, Oppose Repeating the Tragedy." She was subsequently apprehended at the scene by civil police.
After being taken into police custody defendant Jie Ruixue made a voluntary truthful confession of her crime.
The public prosecution agency utilized plea bargaining procedures in submitting the case to this Court, and their written recommendation is that defendant Jie Ruixue be given a criminal punishment of a sentence of fixed term imprisonment of six months to one year.
The aforementioned facts were not objected to by defendant Jie Ruixue and her defense counsel during the process of holding hearings at trial, and were deemed substantiated and sufficient to reach a determination based on the process of how the defendant came into police custody, work descriptions, testimony of witnesses Zhang Doe and Song Doe, identification records, forensic opinions, seizure judgments, seizure records, lists of seized materials, photographic production explanations, photographs of materials implicated in the case, audio-visual materials, defendant Jie Ruixue's statement, hotel accommodation records, and household registration and identification materials.
The defense counsel's defense opinion believes that defendant Jie Ruixue's crime is relatively minor, there was no subjective malice, the duration of the crime was short, and it did not cause serious social harm. This was her first offense, she was able to make a truthful confession after being taken into police custody, and is in fact a person with a certain degree of mental impairment. They recommend that the court show her leniency.
This Court finds that defendant Jie Ruixue ignored the nation's laws and intentionally created an incident in sensitive places such as Tiananmen Square, causing severe disorder in a public venue. Her actions disrupted the normal administration of social order, constitutes the commission of the crime of disturbing the peace, and shall be punished in accordance with the law.
With respect to the charges of the People's Procuratorate of Dongcheng, Beijing, the facts are clear, the evidence produced is reliable and copious, the offense charged is established, and the sentencing proposal is appropriate.
Given that defendant Jie Ruixue was able to make a truthful confession of her crime after being taken into police custody and made a voluntary truthful confession of her crime in court, therefore this Court will show her lenience. The sentencing proposal of the public prosecution agency and defense counsel's related defense opinion is accepted by this Court.
Accordingly, with respect to defendant Jie Ruixue and in accordance with the provisions of Articles 293(1)(iv), 67(3), and 64 of the "Criminal Law of the People's Republic of China" and Article 5 of the "Supreme People’s Court Supreme and People’s Procuratorate Interpretation on Issues Concerning the Application of Law for Criminal Cases of Disturbing the Peace," the judgment of this Court is as follows:
1. Defendant Jie Ruixue committed the crime of disturbing the peace and is sentenced to a fixed term imprisonment 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 August 22, 2019 to February 21, 2020.)
2. The tools seized in the process of this case are confiscated by the seizing agency 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 Second 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
December 10, 2019
Clerk Luo Yejun
北京市东城区人民法院
刑事判决书
（2019）京0101刑初946号
公诉机关北京市东城区人民检察院。
被告人解瑞雪，女，1987年4月5日出生于黑龙江省林口县，公民身份号码：×××，汉族，大学本科文化，无业，户籍所在地：黑龙江省林口县。因涉嫌犯寻衅滋事罪，于2019年8月22日被羁押，同年9月26日被逮捕，现羁押在北京市东城区看守所。
辩护人林山，黑龙江国盛律师事务所律师。
北京市东城区人民检察院以京东检一部刑诉[2019]975号起诉书指控被告人解瑞雪犯寻衅滋事罪，于2019年11月21日向本院提起公诉。本院依法适用简易程序，实行独任审判，公开开庭审理了本案。北京市东城区人民检察院指派检察员佟捷出庭支持公诉，被告人解瑞雪及其辩护人林山到庭参加了诉讼。现已审理终结。
公诉机关指控：
2019年8月22日10时许，被告人解瑞雪在天安门广场国旗杆附近，为表达个人意愿，身穿写有“言论自由、平反六四、反对悲剧再次发生”等内容的白色T恤在游客密集地区站立，后被民警当场抓获。
被告人解瑞雪到案后自愿如实供述自己的罪行。
公诉机关适用认罪认罚程序将本案诉至本院，并书面建议对被告人解瑞雪在有期徒刑六个月至一年幅度内判处刑罚。
上述事实，被告人解瑞雪及其辩护人在开庭审理过程中无异议，并有到案经过；工作说明；证人张某、宋某的证言；辨认笔录；鉴定意见；扣押决定书、扣押笔录、扣押物品清单；照片制作说明、涉案物品照片；视听资料；被告人解瑞雪的供述、住宿记录及户籍身份材料予以证实，足以认定。
辩护人的辩护意见认为，被告人解瑞雪此次犯罪情节较轻、主观恶性不大，犯罪持续时间短、未造成严重的社会危害，其此次犯罪系初犯、到案后能够如实供述，且其确系具有一定精神缺陷的人。建议法庭对其从轻处罚。
本院认为，被告人解瑞雪无视国法，故意在天安门广场等敏感地带制造事端，造成公共场所秩序严重混乱，其行为妨害了正常的社会管理秩序，已构成寻衅滋事罪，依法应予以惩处。北京市东城区人民检察院指控的事实清楚，举证确实、充分，指控的罪名成立，量刑建议适当。鉴于被告人解瑞雪到案后能够如实供述所犯罪行，当庭自愿认罪，故本院对其从轻处罚。公诉机关的量刑建议及辩护人相关辩护意见，本院予以采纳。据此，本院对被告人解瑞雪依照《中华人民共和国刑法》第二百九十三条第一款第（四）项，第六十七条第三款，第六十四条及最高人民法院、最高人民检察院《关于办理寻衅滋事刑事案件具体应用法律若干问题的解释》第五条之规定，判决如下：
一、被告人解瑞雪犯寻衅滋事罪，判处有期徒刑六个月。
（刑期从判决执行之日起计算。判决执行以前先行羁押的，羁押一日折抵刑期一日。即自2019年8月22日起至2020年2月21日止。）
二、在案扣押的作案工具，由扣押机关依法没收。
如不服本判决，可在接到判决书的第二日起十日内，通过本院或者直接向北京市第二中级人民法院提出上诉。书面上诉的，应当提交上诉状正本一份，副本二份。
审判员 白崇伟
二〇一九年十二月十日
书记员 罗也君
