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Friday, July 9, 2021

The 7.09 Prosecutions: Wang Quanzhang Criminal Indictment

 People's Procuratorate of Tianjin, Division No. 2

Indictment

Jin Procuratorate No. 2 Public Prosecution Criminal Indictment (2017) No. 100011

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Translator's Summary: The indictment charged that Wang "used his status as a lawyer to accept financial support provided by foreign organizations many times, establish companies to engage in illegal activities, and provided materials abroad attacking China's rule of law and human rights. At the same time, he engaged in criminal activities subverting state power and overthrowing the socialist order by sensationalizing hot-button cases and incidents, illegally gathering in public venues to commit affrays, and using public opinion to provoke people who do not know the truth to hate the government."  The court found Wang guilty. The court judgment could not be located, but on January 28, 2019 the No. 2 Intermediate People's Court of Tianjin published this statement on its webpage: "On the morning of January 28, 2019,  the No. 2 Intermediate People's Court of Tianjin pronounced sentenced in defendant Wang Quanzhang's subversion of state power first instance case in accordance with the law, finding Wang Quanzhang guilty of subversion of state power, and sentencing him to a fixed term imprisonment of four years and six months and five years  deprivation of political rights." http://tj2zy.chinacourt.gov.cn/article/detail/2019/01/id/3716862.shtml.

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Defendant Wang Quanzhang, male, born [INTENTIONALLY DELETED], 1976, ID NO.:[INTENTIONALLY DELETED], Han ethnicity, university education, from Wulian County, Shandong, Beijing Fengrui Law Firm, household registration No. 2912, Second Ring East Road, Licheng District, Jinan, Shandong, residing at [INTENTIONALLY DELETED], Shijingshan District, Beijing. On April 3, 2013, he was detained by the People's Court of Jingjiang, Jiangsu for 10 days for violating court order, and was given early release from detention on April 6 of the same year. On August 3, 2015, he was taken into criminal detention by Public Security Bureau of Tianjin, Hexi Division on suspicion of committing the crimes of inciting subversion of state power and disturbing the peace, which was changed to residential confinement at a designated location on September 2 of the same year. On January 8, 2016 the Public Security Bureau of Tianjin received authorization from this Court to arrest him on suspicion of committing the crime of subversion of state power, and it carried out the arrest on the same day.

The investigation by Public Security Bureau of Tianjin in this case has concluded, and on August 7, 2016 it filed for pre-prosecution examination with this Court on the grounds that defendant Wang Quanzhang was suspected of committing the crime of subversion of state power. Following a designation of jurisdiction in accordance with the law, on August 9, 2016 this Court notified the defendant of his right to retain defense counsel, and interrogated the defendant in accordance with the law and reviewed all case materials. During this time, the case was referred for supplementary investigation twice and the period for pre-prosecution examination was extended three times in accordance with the law.

An investigation in accordance with the law found:

Over a long period of time defendant Wang Quanzhang, having been affected by the influence of the infiltration of anti-China forces, received training from foreign organizations many times, and gradually formed the idea of overthrowing the country’s current political system. Since 2009, Wang Quanzhang used his status as a lawyer to accept financial support provided by foreign organizations many times, establish companies to engage in illegal activities, and provided materials abroad attacking China's rule of law and human rights. At the same time, he engaged in criminal activities subverting state power and overthrowing the socialist order by sensationalizing hot-button cases and incidents, illegally gathering in public venues to commit affrays, and using public opinion to provoke people who do not know the truth to hate the government, seriously jeopardizing national security and social stability. The specific facts are as follows:

1. In August 2009, defendant Wang Quanzhang and Swedish national Bǐdé·yésīpèiěr·dálín (Foreign name: DAHILIN PETER JESPER: who has been expelled from the country by national security agencies), Chen Songzhu (who is being handled in a separate case) and others, after forming a plot, established a company registered in Hong Kong specifically to receive financial support from foreign organizations in the name of the "Chinese Urgent Action Working Group," "Human Rights Defenders Urgent Rescue Association," etc. He subsequently established "legal aid stations" in many places, and organized training for so-called "barefoot lawyers" many times, taught methods and techniques for confronting the government, and cultivated confrontational and opposition forces. At the same time, he actively provided foreigners with investigative reports, attacked China's rule of law and human rights situation, and denigrated the socialist system with Chinese characteristics.

2. On March 22, 2014, the Public Security Bureau of Jiansanjiang, Heilongjiang placed relevant individuals who had disturbed social order in administrative detention in accordance with the law. On March 28 of the same year, defendant Wang Quanzhang went to the Qili Detention Center in Jiansanjiang to participate in illegal gatherings, affrays, sit-in vigils, and other demonstrations involving some lawyers and petitioners, making unjustified demands for the release of some individuals who had been detained. During this period, Wang Quanzhang repeatedly distorted facts on the Internet, engaged in malicious sensationalizing, incited Internet users to "follow," "rescue," and "struggle," and provoked some people who did not know the truth to oppose agencies of the State regime.

3. From April 2013 to December 2014, while defendant Wang Quanzhang was acting as legal counsel in three cases of using a cult to undermine law enforcement, he distorted facts on the Internet many times and maliciously sensationalized issues, smeared the image of the judiciary, and denigrated and attacked the socialist justice system with Chinese characteristics.

On August 2, 2015, defendant Wang Quanzhang was apprehended and brought to justice.

The primary evidence in support of the aforementioned facts is:

1. Documentary evidence including annual reports and training programs for barefoot lawyers.

2. Testimony of witnesses Wang Yu, Chen Songzhu, and Na Jianshen.

3. Search, seizure, and crime scene investigation records.

4. Audio-visual materials and electronic data.

5. Defendant Wang Quanzhang's statement and justifications.

This Office finds defendant Wang Quanzhang organized, planned, and carried out subversion of state power and the overthrow of the socialist order, and his actions constituted the commission of an offense under the provisions of Article 105(1) of the "Criminal Law of the People's Republic of China," the criminal facts are clear, the evidence is reliable and copious, and he should be held criminally liable for the crime of subversion of state power. A public prosecution is hereby filed pursuant to the provisions of Article 172 of the "Criminal Law of the People's Republic of China," and it is requested that sentence be passed in accordance with the law.

Respectfully submitted to:

No. 2 Intermediate People's Court of Tianjin

Procurator        Guan Ning
Acting Procurator    Sheng Guowen
Acting Procurator    Cao Jiyuan

天津市人民检察院第二分院


起诉书


津检二分院公诉刑诉[2017]10001号


被告人王全璋,男,1976年2月15日出生,身份证号码:[INTENTIONALLY DELETED],汉族,大学文化,山东省五莲县人,北京锋锐律师事务所律师,户籍地山东省济南市历城区[INTENTIONALLY DELETED],住北京市石景山区[INTENTIONALLY DELETED]。因违反法庭秩序,于2013年4月3日被江苏省靖江市人民法院决定拘留十日,同年4月6日提前解除拘留;因涉嫌煽动颠覆国家政权罪、寻衅滋事罪,于2015年8月3日被天津市公安局河西分局刑事拘留,同年9月2日变更为监视居住;因涉嫌颠覆国家政权罪,于2016年1月8日经本院批准,同日由天津市公安局执行逮捕。

本案由天津市公安局侦查终结,以被告人王全璋涉嫌颠覆国家政权罪,于2016年8月7日向本院移送审查起诉。经依法指定管辖,本院于2016年8月9日告知被告人有权委托辩护人,依法讯问了被告人,审查了全部案件材料。期间,依法退回补充侦查两次,延长审查起诉期限三次。

经依法审查查明:

被告人王全璋长期受反华势力渗透影响,多次接受境外组织培训,逐渐形成了推翻国家现行政治制度的思想。2009年以来,王全璋利用律师身份,多次接受境外组织提供的资金支持,成立公司从事非法活动,并向境外提供攻击我国法治及人权状况的材料。同时通过炒作热点案件、事件,在公共场所非法聚集滋事、利用舆论挑起不明真相的一些人仇视政府等方式,实施颠覆国家政权,推翻社会主义制度的犯罪活动,严重危害国家安全和社会稳定。具体事实如下:

1. 2009年8月,被告人王全璋与瑞典人彼得·耶斯佩尔·达林(外文名:DAHILIN PETER JESPER:已被国家安全机关驱逐出境)、陈松竹(另案处理)等人共同预谋后,在香港注册成立公司,专门接受境外组织提供的资金支持,以“中国维权紧急援助组”、“人权卫士紧急救援协会”等名义,先后在多地成立所“法律援助站”,并多次组织所谓“赤脚律师”培训,传授与政府对抗的方法、技巧,培植对抗力量。同时,积极向境外提供,发布调查报告,攻击我国法治及人权状况,诋毁中国特色社会主义制度。

2. 2014年3月22日,黑龙江省建三江农垦公安局依法对扰乱社会秩序的相关人员行政拘留,同年3月28日,被告人王全璋前往建三江七里拘留所,参加由部分律师,访民参与的非法聚集滋事,静坐守夜等示威活动,无理要求释放被拘留人员。期间,王全璋多次在互联网上歪曲事实,恶意炒作,煽动网民前去“关注”、“营救”、“抗争”,挑起不明真相的一些人对抗国家政权机关。

3. 2013年4月至2014年12月,被告人王全璋在代理三起利用邪教组织破坏法律实施案中,多次在互联网上歪曲事实,恶意炒作,抹黑司法机关形象,诋毁、攻击中国特色社会主义司法制度。

2015年8月2日,被告人王全璋被抓获归案。

认定上述事实的主要证据有:1.年度报告,赤脚律师培训安排等书证:2.证人王宇,陈松竹,那建深等证言;3.搜查,扣押及勘验检查笔录;4.视听资料、电子数据;5.被告人王全璋的供述和辩解。

本院认为,被告人王全璋组织,策划,实施颠覆国家政权,推翻社会主义制度,其行为触犯了《中华人民共和国刑法》第一百零五条第一款,犯罪事实清楚,证据确实、充分,应当以颠覆国家政权罪究其刑事责任。根据《中华人民共和国刑事诉讼法》第一百七十二条的规定,提起公诉,请依法判处。

此致

天津市第二中级人民法院

检察员:            官宁
代理检察员:    盛国文
代理检察员:    曹纪元