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
(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