No. 2 Intermediate People's Court of Tianjin
Criminal Judgment
[Judgment Citation Unavailable]
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Translator's Summary: On August 3, 2016, the No. 2 Intermediate People's Court of Tianjin published a series of five posts on its verified official Sina Weibo microblog under the title "Hu Shigen Case First Instance Tried in Open Court in Tianjin" (胡石根案一审在津公开开庭审理). This text is taken from the fifth post in that series: https://weibo.com/3919910570/E1QHv8aNM. The court found Hu guilty on the grounds that he "enlisted people to spread ideologies that subverted state power, and actively cultivated spokespeople and action forces for his subversive concept of 'color revolution,'" "cooperated with others to plan strategies, methods, and means of subverting state power," and "incited and directed others to sensationalize hot-button incidents."
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Defendant Hu Shigen, male, Han ethnicity, born [INTENTIONALLY DELETED], 1955 in Nanchang, Jiangxi, unemployed. On December 16, 1994, he was sentenced to a fixed term imprisonment of twenty years and five years deprivation of political rights for the crime of organizing and leading a counter-revolutionary group, counter-revolutionary propaganda, and incitement. He was released on August 26, 2008 he was released upon completion of his sentence. He is currently being held in detention at the Tianjin No. 1 Detention Center.
It was ascertained at trial that:
Defendant Hu Shigen was previously sentenced and criminally punished for crimes that jeopardized national security. After being released following completion of his sentence he attracted illegal petitioners and a few lawyers with the goal of subverting state power and, using illegal religious activities as a platform, proceeded to spread an ideology that subverted state power. He actively cultivated and developed forces for action, planned subversion of state power with others, proposed strategies, methods, and means of subverting state power, incited and directed others to sensationalize hot-button incidents, and carry out illegal activities to subvert state power and overthrow the socialist order, jeopardizing national security and social stability. The specific facts are as follows:
1. On April 24, 2014, the "Ninth InterEthnic InterFaith Leadership Conference"1 was held abroad. Participants included separatist forces such as "Tibet Independence" and "Xinjiang Independence." In order to launch long-term criminal activities to subvert state power and cultivate talents and leaders of the so-called "non-violent social movement," defendant Hu Shigen assigned Gou Hongguo to participate and receive theory and method training on subverting state power.
2. At noon on February 1, 2015, defendant Hu Shigen participated in a gathering to subvert state power organized by Gou Hongguo at the "Seven Flavor Grill" restaurant in Chaoyang District, Beijing. Zhou Shifeng and Li Heping with the status of lawyers, Liu Moyi, an administrator of the law firm, Liu Doe Jia, a member of an "underground church," and Zhai Yanmin, who had long been illegally organizing petitioners to create disturbances, all participated in the gathering. The individuals at the gathering spoke in turn around a set of topics, and specifically discussed lawyers intervening in "labor movements" in order to have a direct impact on the State regime, and the necessity and feasibility of sensationalizing hot-button issues in order to divide and disrupt the State's political institutions, as well as specific methods and methods of operation. They jointly plotted using the aforementioned channels to promote carrying out a "color revolution" in China, and realize the goal of subverting state power and overthrowing the socialist system. Among them, Hu Shigen systematically elaborated on the "three major factors" and "five plans" of his subversion of state power, and also proposed the use of modern communication methods such as "WeChat groups" to advocate ideologies that subverted state power, and encouraged "uprisings" and other specific strategies to subvert state power. Zhou Shifeng, Li Heping, Gou Hongguo and others also actively plotted and proposed measures to subvert state power measures.
3. On May 2, 2015, Xu Chunhe was shot and killed by the public security civil police in accordance with the law for disturbing the peace, assaulting the police, and theft of police equipment at the train station in Qing'an County, Suihua, Heilongjiang. Defendant Hu Shigen circulated statements that Xu Chunhe was murdered, and proposed people should pay attention to, and show solidarity about, the incident. Under Hu Shigen's instructions, Zhai Yanmin directed others to organize individuals to go to Qing'an County in batches and go to the square in front of the railway station and the front of the county government and raise placards, shout slogans, hand out leaflets, commit affrays, confuse public opinion, attack the government, and incite those who did not know the truth to confront and oppose State agencies.
The aforementioned facts were substantiated by evidence produced and examined during trial as well as documentary evidence, witness testimony, forensic opinions, audio-visual materials, electronic data, and defendant Hu Shigen's statement, all of which have been affirmed by this Court.
In response to the defense opinions put forward by defendant Hu Shigen's defense counsel, based on the facts and evidence ascertained at trial, this Court's determination is as follows:
1. Regarding the opinion that Hu Shigen's role in specific criminal acts and harm to society were relatively minor because (a) Hu Shigen was ignorant of the nature of the "study camp" in advance, that he "introduced" rather than "assigned" Gou Hongguo to participate in foreign training, and did not distribute the materials that Gou Hongguo brought back; (b) the "Seven Flavor Grill Gathering" was not convened by Hu Shigen. The "three factors" and "five plans" put forward by Hu Shigen in the gathering were not specially prepared for the gathering, but were just part of an impromptu speech and (c) Zhai Yanmin’s sensationalization of the "Qing'an Incident" was not done at the direction of Hu Shigen.
This Court finds:
(I) According to Gou Hongguo's witness testimony and defendant Hu Shigen's statement, Hu Shigen knew in advance the nature of the "study camp." Gou Hongguo going abroad to participate in the training was Hu Shigen's decision. Hu Shigen let Gou Hongguo participate in the training for the purpose of cultivating the backbone of his "color revolution." The circumstances should be deemed an assignment. An investigation found that the opinion that Hu Shigen did not distribute the materials from the "study camp" is factual, but that circumstance does not affect the determination of the criminal behavior of Hu Shigen's assigning Gou Hongguo to receive training abroad to cultivate action forces for the subversion of state power.
(ii) Notwithstanding that the Hu Shigen did not specifically prepare the "Three Factors" and "Five Plans" for the "Seven Flavor Grill Gathering," nevertheless, witness testimony of Zhai Yanmin, Gou Hongguo and others proved that Hu Shigen often used various occasions to repeatedly advocate his aforementioned ideology on subversion of state power. In that gathering, he once again elaborated on it systemically and comprehensively, which further expanded and deepened the impact, and objectively caused social harm.
(iii) The testimony of witnesses Zhai Yanmin and Liu Doe Jia in this case proved, after the "Qing'an Incident," Hu Shigen circulated statements that Xu Chunhe was murdered by the police and made it clear to Zhai Yanmin and others that they should go and express solidarity. The facts charged by the public prosecution agency that Hu Shigen instructed Zhai Yanmin to sensationalize the "Qing'an Incident" are clear, and the evidence is copious.
In summary, for the purpose of developing and cultivating the backbone forces for criminal activities to subvert state power, Hu Shigen played a major role in criminal activities that subverted state power by instructing others to go abroad to participate in trainings on the theory and methods of subverting state power; actively participating in subversion of state power gatherings, and instructing others on how to conduct specific activities such as "raising awareness" and "pushing the wall."
2. Regarding Hu Shigen's opinion that he should be granted leniency owing to his profound appreciation of his criminal behavior, his confession and repentance, and his imploring the collegial panel to consider his old age and illness.
This Court finds that after Hu Shigen was brought to justice, he made truthful statements about the crimes he committed, and wrote a lot of materials in which he expressed regrets. He has demonstrated a good attitude of confession and repentance. In accordance with the law, he can be shown leniency. The aforementioned defense opinions have a factual and legal basis, and this Court accepts them.
This Court finds defendant Hu Shigen did, with the goal of subverting state power and overthrowing the socialist order, enlist people to spread ideologies that subverted state power, and actively cultivate spokespeople and action forces for his subversive concept of "color revolution." He cooperated with others to plan strategies, methods, and means of subverting state power. He incited and directed others to sensationalize hot-button incidents, his actions jeopardized national security and social stability, and constitute the crime of subversion of state power. The facts charged by the public prosecution agency that defendant Hu Shigen committed the crime of subversion of state power are clear, the evidence is reliable and copious, and the offense is establish.
Based on the specific circumstances of Hu Shigen's crime, he is deemed to have been an active participant in the crime of subversion of state power, and in accordance with the law should be sentenced to a fixed term imprisonment of more than three years and less than ten years. Hu Shigen had previously been sentenced to a fixed term imprisonment for crimes that jeopardize national security, and after the execution of his sentence he proceeded to commit those crimes again. He is a recidivist, and in accordance with the law should be severely punished.
After Hu Shigen was brought to justice, he was able to make truthful statements of his crimes, and spoke frankly of the circumstances and expressed repentance. In accordance with the law he can be shown leniency.
Based on the facts, nature, circumstances, and degree of harm to society of Hu Shigen’s crime, in accordance with the provisions of Articles 105(1), 56(1), 54, 55(1), 58, 61, 67(3), 66 and 65(1) of the "Criminal Law of the People's Republic of China," the judgment is as follows:
Defendant Hu Shigen committed the crime of subversion of state power, and is sentenced to a fixed term imprisonment of seven years and six months, and five years deprivation of political rights.
天津市第二中级人民法院官方微博
被告人胡石根,男,汉族,1955年[INTENTIONALLY DELETED]出生于江西省南昌市,无职业。1994年12月16日因犯组织、领导反革命集团罪,反革命宣传煽动罪被判处有期徒刑二十年,剥夺政治权利五年,2008年8月26日刑满释放。现羁押于天津市第一看守所。
经审理查明:
被告人胡石根曾因危害国家安全犯罪被判处刑罚,刑满释放后,吸纳具有颠覆国家政权目的的非法上访人员及少数律师,以非法宗教活动为平台,继续散布颠覆国家政权思想;积极培养、发展行动力量;同他人策划颠覆国家政权,提出颠覆国家政权的策略、方法和手段;煽动、指使他人炒作热点事件,实施颠覆国家政权,推翻社会主义制度的犯罪活动,危害国家安全和社会稳定。具体事实如下：
1、2014年4月24日,“第九届族群青年领袖研习营”在境外举行。参加人员包括“藏独”、“疆独”等分裂势力。”被告人胡石根为长期开展颠覆国家政权犯罪活动,培养所谓“非暴力社会运动”人才和领袖,指派勾洪国参加并接受了颠覆国家政权的理论和方法培训。
2、2015年2月1日中午,被告人胡石根参加勾洪国在北京市朝阳区“七味烧”菜馆组织的策划颠覆国家政权的聚会。具有律师身份的周世锋、李和平,律师事务所行政人员刘某乙,“地下教会”成员刘某甲,长期非法组织访民闹访滋事的翟岩民等均参加了该聚会。聚会人员围绕设定的议题依次发言,具体讨论了律师介入“劳工运动”直接冲击国家政权,借炒作热点案事件分化、瓦解国家政治体制的必要性、可行性,以及具体的操作方法和手段。共同策划通过上述途径,推动中国进行“颜色革命”,实现颠覆国家政权,推翻社会主义制度的目标。其中,胡石根系统阐述了其颠覆国家政权的“三大因素”、“五大方案”,还提出运用“微信群”等现代通讯手段宣扬颠覆国家政权思想,鼓动“揭竿而起”等具体颠覆国家政权的策略。周世锋、李和平、勾洪国等人也积极策划,分别提出了颠覆国家政权的措施。
3、2015年5月2日,徐纯合因在黑龙江省绥化市庆安县火车站滋事、袭警并抢夺警械,被公安民警依法击毙。被告人胡石根散布徐纯合系被谋杀的言论,提出应对该事件进行关注和声援。在胡石根授意下,翟岩民指使他人组织人员分批次前往庆安县,在火车站站前广场、县政府门前打标语、喊口号、发传单,聚集滋事,混淆视听、攻击政府,煽动不明真相的与国家机关对抗。
上述事实,有经庭审举证、质证并经本院确认的书证、证人证言、鉴定意见、视听资料、电子数据、被告人胡石根的供述等证据予以证实。
针对被告人胡石根的辩护人提出的辩护意见,根据庭审查明的事实和证据,本院评判如下:1、关于胡石根事先对“研习营”的性质并不知情,是“介绍”而非“指派”勾洪国参加境外培训,对勾洪国带回的资料并未进行扩散;“七味烧聚会”并非胡石根召集,胡石根在聚会中提出的“三大因素”、“五大方案”并非为该聚会专门准备,只是即兴演说;翟岩民炒作“庆安事件”并非受胡石根指使,故胡石根具体犯罪行为所起作用及社会危害性较小的意见。
本院认为:(1)根据勾洪国的证言和被告人胡石根的供述,胡石根事先明知“研习营”的性质,勾洪国赴境外参加培训,系胡石根决定,胡石根让勾洪国参加培训的目的也是为了培养其“颜色革命”的骨干力量,此情节应认定为指派;关于胡石根未扩散“研习营”资料的意见经查属实,但该情节不影响对胡石根指派勾洪国赴境外培训,培养颠覆国家政权行动力量犯罪行为的认定。(2)胡石根,在“七味烧聚会”中提出的“三大因素”、“五大方案”等内容虽非为聚会专门准备,但翟岩民,勾洪国等证言证明,胡石根经常利用各种场合,反复宣扬其上述颠覆国家政权思想,在本次聚会中再次进行了系统、全面的阐述,进一步扩大,加深了影响,客观上造成了社会危害。(3)在案证人翟岩民、刘某甲的证言证明,“庆安事件”发生后,胡石根散布徐纯合被民警谋杀的言论,并明确向翟岩民等人提出应该去声援,公诉机关指控胡石根授意翟岩民炒作“庆安事件”的事实清楚,证据充分。综上,胡石根出于发展、培养颠覆国家政权犯罪活动骨干力量的目的,指使他人赴竟外参加有关颠覆国家政权理论、方法的培训;积极参加旨在颠覆国家政权的聚会,授意他人具体实施“围观”、“推墙”活动,在颠覆国家政权的犯罪活动中起主要作用。
2、关于胡石根对自己的罪行有了深刻认识,认罪、悔罪,恳请合议庭综合考虑胡石根年老多病,对其从宽处罚的意见。本院认为,胡石根归案后,如实供述所犯罪行,书写了多份悔过材料,认罪态度较好,有悔罪表现,依法可以从轻处罚。上述辩护意见有事实和法律依据,本院予以采纳。
本院认为,被告人胡石根以颠覆国家政权,推翻社会主义制度为目的,网罗人员散布颠覆国家政权思想,积极培养其“颜色革命”颠覆国家政权理念的代言人和行动力量;伙同他人策划颠覆国家政权的策略、方法和手段;煽动、指使他人炒作热点事件,其行为危害了国家安全和社会稳定,已构成颠覆国家政权罪。公诉机关指控被告人胡石根犯颠覆国家政权罪的事实清楚,证据确实、充分,罪名成立。根据胡石根犯罪的具体情节,其属于颠覆国家政权犯罪的积极参加者,依法应在三年以上十年以下有期徒刑幅度内量刑。胡石根曾因危害国家安全犯罪被判处有期徒刑,在刑罚执行完毕后又犯本罪,系累犯,依法应从重处罚。胡石根归案后能够如实供述自己的罪行,有坦白情节和悔罪表现,依法可以从轻处罚。根据胡石根犯罪的事实、性质、情节和对于社会的危害程度,依照《中华人民共和国刑法》第一百零五条第一款、第五十六条第一款、第五十四条、第五十五条第一款、第五十八条、第六十一条、第六十七条第三款、第六十六条、第六十五条第一款的规定,判决如下:
被告人胡石根犯颠覆国家政权罪,判处有期徒刑七年六个月,剥夺政治权利五年。
