Translation: Court Judgment in Li Doe Disturbing the Peace Case

Translator's Summary: The court found Li guilty on the grounds that he "made inappropriate statements in posts through WeChat Moments or in writings on paper hung on the office building of the People's Government of Tanxi that insulted Party and State leaders and supported 'Hong Kong Independence.'" The court sentenced Li to prison notwithstanding what it characterized as his "mild mental retardation" and "limited criminal capacity for the illegal actions."

People's Court of Pingchang County, Sichuan

Criminal Judgment

(2020) Chuan 1923 Criminal First Instance No. 15

The public prosecution agency was the People's Procuratorate of Pingchang.

Defendant Li Doe, male, born [INTENTIONALLY OMITTED], Han ethnicity, junior high school education, laborer, household registration in Pingchang, Sichuan, currently residing in Pingchang. Taken into criminal detention by the Public Security Bureau of Pingchang on September 5, 2019 on suspicion of committing the crime of disturbing the peace. An arrest was executed on September 30 of the same year. Currently being held in detention at the Pingchang Detention Center.

Guardian Li Doe2, male, born [INTENTIONALLY OMITTED], Han ethnicity, junior high school education, household registration in Pingchang, Sichuan, currently residing in Pingchang, father of defendant Li Doe.

Assigned defense counsel He Yongbi, a lawyer at the Sichuan Baijian Law Firm.

In the Ping Procuratorate Public Prosecution Criminal Indictment (2019) No. 223 indictment the People's Procuratorate of Pingchang charged defendant Li Doe with committing the crime of disturbing the peace, and on January 7, 2020 it filed a public prosecution with this Court. After this Court docketed the case in accordance with the law it applied normal procedures, formed a collegial panel and  convened public hearings to try this case. The People's Procuratorate of Pingchang assigned Procurator Zeng Chaofeng to appear in court in support of the public prosecution, and defendant Li Doe, guardian Li Doe2, and his assigned defense counsel He Yongbi appeared in court to participate in the proceedings. The trial has now concluded.

The People's Procuratorate of Pingchang's indictment charged: From July to August 2019, defendant Li Doe, in order to vent his private anger, repeatedly made inappropriate statements in posts through WeChat Moments or in writings on paper hung on the office building of the People's Government of Tanxi that insulted Party and State leaders and supported "Hong Kong Independence." In addition, he repeatedly insulted others by sending short messages or writing notes, which seriously damaged the reputation of the Party and the country, and hurt the feelings of others.

A forensic examination by the Sichuan Southwest Judicial Forensic Center found that defendant Li Doe suffered from mild mental retardation. He had limited criminal capacity for the illegal actions from July to August 2019.

A forensic examination by the Sichuan Southwest Judicial Forensic Center found that the illegal content of defendant Li Doe's writings was written by him.

On September 5, 2019, defendant Li Doe was summoned to address the case by phone and truthfully stated his criminal facts. During the pre-prosecution examination, defendant Li Doe confessed his guilt and accepted punishment, and admitted his criminal facts and willingness to accept punishment.

In order to prove the aforementioned facts, the public prosecution agency produced in court documentary evidence, witness testimony, the defendant's statement, forensic opinions, identification records, and other evidence. The public prosecution agency alleged defendant Li Doe insulted others in order to vent his private anger, causing a pernicious social influence and disrupting social order. His actions were the commission of an offense under the provisions of Article 293 of the "Criminal Law of the People's Republic of China" and should be subjected to criminal liability for the crime of disturbing the peace.

Li Doe is an individual with limited criminal capacity, and surrendered voluntarily, and in accordance with the law may be given a reduced sentence or a lighter punishment. Li Doe confessed his guilt and accepted punishment, and in accordance with the law may be shown leniency. It is recommended that Li Doe be sentenced to a fixed term imprisonment of no more than one year. It is requested this Court pass sentence in accordance with the law.

Defendant Li Doe had no objection to the facts and offense charged by the public prosecution agency, and voluntarily confessed his guilt and accepted punishment.

Guardian Li Doe2 had no objection to the facts and offenses charged by the public prosecution agency against Li Doe, and requested he be shown leniency.

Assigned defense counsel He Yongbi had no objection to the facts and offenses charged by the public prosecution agency against Li Doe, and his main defense was that Li Fe is an individual with limited criminal capacity, he surrendered voluntarily, confessed his guilt and accepted punishment, and asks that Li Doe be shown leniency.

It was ascertained at trial that the facts were consistent with the facts charged by public prosecution agency.

The aforementioned facts were supported by the following evidence, which was sufficient to reach a determination: case registration form, Decision to Open a Case, permanent resident and information forms, the process of how the defendant came into police custody, testimony of witnesses Zhao 1, Li Doe2, Tang, Xiao, Yang, Zhao 2, Zhang 1, Zhang 2 and others, defendant Li Doe's statement and justification, search records, physical evidence in the form of three sheets of paper, screenshots of mobile phone text messages and images of WeChat Moments, the Sichuan Xiaoluyuan Electronic Data Judicial Forensic Institute's Xiaoluyuansijian 2019 (Electronic Examination) No. 188 "Judicial Forensic Opinion Report," the Sichuan Mingzheng Judicial Forensic Institute's Chuanmingzheng (2019) Document Examination No. 7 Judicial Forensic Opinion Report, the Sichuan Southwest Judicial Forensic Center's Chuanxinanjian (2019) Precision Examination No. 0763 Judicial Forensic Opinion Report, defendant Li Doe's typed and handwritten situation explanation and social endangerment situation explanation form, crime scene investigation transcripts and photos, and identification photos.

This Court finds defendant Li Doe insulted others in order to vent his private anger, causing a pernicious social influence and disrupting social order. His actions constitute the crime of disturbing the peace. The offense charged by the public prosecution agency is established.

Defendant Li Doe is an individual with limited criminal capacity, and therefore in accordance with the law he can be shown leniency.

Defendant Li Doe truthfully stated his criminal facts after he was summoned to answer for the case, truthfully confessed his criminal facts and surrendered himself, and therefore in accordance with the law he can be shown leniency.

In order to combat crime and maintain public order, in accordance with the provisions of Articles 293, 18, and 67 of the "Criminal Law of the People's Republic of China" and Article 3(1) of the Supreme People's Court's and People's Procuratorate's "Interpretation on Issues Concerning the Application of Law for Criminal Cases of Disturbing the Peace," the judgment of this Court is as follows:

Defendant Li Doe committed the crime of disturbing the peace, and is sentenced to a fixed term imprisonment of ten 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 September 5, 2019 to July 4, 2020.)

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 Intermediate People's Court of Baozhong. A written appeal should be submitted with one original and two copies of the appeal brief

Chief Adjudicator    He Zhongzheng
People's Assessor    Mao Mingrong
People's Assessor    Wang Xinhui

April 28, 2020

Clerk            Wu Min 

四川省平昌县人民法院

刑事判决书

（2020）川1923刑初15号

公诉机关四川省平昌县人民检察院。

被告人李某，男，生于[INTENTIONALLY OMITTED]，汉族，初中文化，务工，户籍所在地四川省平昌县，现住平昌县。因涉嫌寻衅滋事罪，于2019年9月5日被平昌县公安局刑事拘留，同年9月30日被执行逮捕，现羁押于平昌县看守所。

监护人李某2，男，生于[INTENTIONALLY OMITTED]，汉族，初中文化，户籍所在地四川省平昌县，现住平昌县，系被告人李某之父。

指定辩护人何永碧，四川百坚律师事务所律师。

四川省平昌县人民检察院以平检公诉刑诉〔2019〕223号起诉书指控被告人李某犯寻衅滋事罪一案，于2020年1月7日向本院提起公诉，本院受理后依法适用普通程序，组成合议庭公开开庭进行了审理。平昌县人民检察院指派检察员曾朝烽出庭支持公诉，被告人李某、监护人李某2及其指定辩护人何永碧到庭参加诉讼，现已审理终结。

四川省平昌县人民检察院起诉指控：2019年7月至8月，被告人李某为泄私愤，多次在通过微信朋友圈发布或书写在纸上悬挂在坦溪镇人民政府办公楼等方式辱骂党和国家领导人、支持“港独”等不正当言论，并多次以发送短信息或书写字条等方式辱骂他人，严重损害了党和国家的声誉，伤害了他人的情感。经四川西南司法鉴定中心鉴定被告人李某患有轻度精神发育迟滞，对其2019年7月至8月的违法行为为限制刑事责任能力。经四川明正司法鉴定中心鉴定被告人李某所书写的违法内容系本人书写。

2019年9月5日，被告人李某经电话传唤到案，并如实供述了自己的犯罪事实。在审查起诉期间，被告人李某认罪认罚，承认自己的犯罪事实，愿意接受处罚。

为证明上述事实，公诉机关当庭出示了书证；证人证言；被告人的供述；鉴定意见；辨认笔录等证据。公诉机关认为被告人李某为泄私愤随意辱骂他人，造成了恶劣的社会影响，破坏了社会秩序，其行为已触犯《中华人民共和国刑法》第二百九十三条之规定，应当以寻衅滋事罪追究其刑事责任。李某系限制刑事责任能力人，并有自首情节，依法可以减轻或者从轻处罚，李某认罪认罚，依法可从宽处罚。建议判处李某一年以下有期徒刑。提请本院依法判处。

被告人李某对公诉机关指控的事实及罪名均无异议，自愿认罪认罚。

监护人李某2对公诉机关指控李某的事实及罪名均无异议，请求从轻处罚。

指定辩护人何永碧对公诉机关指控李某的罪名及事实均无异议，主要辩护称李某系限制刑事责任能力人，有自首情节并认罪认罚，请求对李某从轻处罚。经审理查明的事实与公诉机关指控的事实一致。

上述事实，有受案登记表、立案决定书、常住人又信息表、到案经过；证人赵某1、李某2、唐某、肖某、杨某、赵某2、张某1、张某2等人的证言；被告人李某的供述及辩解；搜查笔录；物证纸片三张；手机短信截图、微信朋友圈照片；四川效率源电子数据司法鉴定所效率源司鉴2019（电鉴）188号《司法鉴定意见书》、四川明正司法鉴定所川明正［2019］文鉴字第7号司法鉴定意见书、四川西南司法鉴定中心川西南鉴［2019］精鉴字第0763号司法鉴定意见书；被告人李某书写的字迹及情况说明、社会危险性情况说明表；现场勘验笔录及照片、指认照片等证据在案，足以认定。

本院认为，被告人李某为泄私愤随意辱骂他人，造成了恶劣的社会影响，破坏了社会秩序，其行为已经构成寻衅滋事罪，公诉机关指控的罪名成立。被告人李某系限制刑事责任能力人，依法可以从轻处罚。被告人李某经又头传唤到案，并如实供述了自己的犯罪事实，系自首，依法可以从轻处罚。本院为打击犯罪，维护社会公共秩序，依照《中华人民共和国刑法》第二百九十三条、第十八条、第六十七条、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适用法律若干问题的解释》第三条第（一）项之规定，判决如下：

被告人李某犯寻衅滋事罪，判处有期徒刑十个月。

（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9月5日起至2020年7月4日止。）

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四川省巴中市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。

审判长    何中正
人民陪审员    毛明蓉
人民陪审员    王心会

二〇二〇年四月二十八日

书记员    吴敏

Translation: Xu Zhiyong's 2021 Indictment for Subversion of State Power

People's Procuratorate of Linyi, Shandong

Indictment

Linyi First Criminal Prosecution (2021) No. Z43

Defendant Xu Zhiyong (who previously used the name Xu Zhiyong), male, born on [OBSCURED IN ORIGINAL] 1973, citizen ID number [OBSCURED IN ORIGINAL], Han ethnicity, graduate student education, lecturer at Beijing University of Posts and Telecommunications, currently unemployed, household registration [OBSCURED IN ORIGINAL] ], residing in [OBSCURED IN ORIGINAL], Changping District, Beijing. On January 26, 2014 he was sentenced to a fixed term imprisonment of four years by the First Intermediate People’s Court of Beijing for gathering crowds to disrupt public venue order. He was released after completion of his sentence on July 15, 2017. On February 15, 2020, he was taken into criminal detention by the Public Security Bureau of Haidian, Beijing on suspicion of committing the crime of inciting subversion of state power, and transferred to residential confinement at a designated location the following day. On May 7, 2020, in accordance with the law the Public Security Bureau of Haidian, Beijing transferred this case to the Public Security Bureau of Yantai, Shandong. On the same day, he was placed under residential surveillance at a designated residence by the Public Security Bureau of Yantai. On June 19, 2020, his arrest was approved by this Court, and the arrest was carried out by the Public Security Bureau of Linyi on the same day.

On January 19, 2021 the investigation was closed by the Public Security Bureau of Linyi, defendant Xu Zhiyong was suspected of subverting state power, and the case was transferred to this Court for prosecution. After this Court docketed the case on January 21, 2021, it informed the defendant of his right to entrust defense counsel and the legal provisions relevant to pleading guilty and accepting punishment, and in accordance with the law interrogated the defendant, heard the opinions of defense counsel, and reviewed all case materials. This Court returned the case to the investigating agency for supplementary investigation on March 6 and May 21, 2021 respectively. The investigating agency completed its supplementary investigation on April 6 and June 21, 2021, respectively, and transferred the case for prosecution. This Court has extended the pre-prosecution examination period by 15 days on February 19, May 6, and July 21, 2021 respectively.

Upon review in accordance with the law it was found that:

From 2012 to 2013, out of dissatisfaction with our country's socialist system and the ruling status of the Communist Party of China, defendant Xu Zhiyong, together with Ding Jiaxi (handled in another case) and others, established and developed the "New Citizens Movement" illegal organization and engaged in criminal activities. In 2017, after Xu Zhiyong was released following the completion of his sentence for gathering crowds to disrupt public venue order he did, with the purpose of overthrowing our country's current political system, collaborate with Ding Jiaxi to recruit Wang Jiangsong, Zhang Zhongshun, Dai Zhenya, Chang Weiping (each handled separately) as key members to establish the "Citizens Movement" illegal organization with Xu Zhiyong and Ding Jiaxi as organizers and leaders, write and spread a large number of inciting articles, shoot illegal videos called "Politicians," carry out "non-violent" color revolution training, build and operate the "Chinese Citizens Movement Network" and Xu Zhiyong's personal blog and other websites, repeatedly hold secret meetings of the "Citizens Movement" illegal organization in Yantai and Xiamen, and organize, plan, and carry out criminal activities of subversion of state power and the overthrow the socialist order, which severely jeopardized national security and social stability. The specific facts are as follows:

1. From 2012 to 2013, defendant Xu Zhiyong, together with Ding Jiaxi and others, organized "citizen dinner" and "cocktail party" activities in Beijing, Xuzhou, Wuhan and other cities through communication software to develop members of the "New Citizens Movement" illegal organization.

In 2017, after defendant Xu Zhiyong was released from prison, he and Ding Jiaxi continued to collude with Wang Jiangsong, Liu Jiacai and members of the "New Citizens Movement" illegal organization, and went to Yantai, Xiamen and other cities to join forces with Zhang Zhongshun, Dai Zhenya and others, rename the "New Citizens Movement" to the "Citizens Movement," establish the "Citizens Movement" illegal organization, and organize, plan, and implement a series of criminal activities to subvert state power.

2. Since 2012, defendant Xu Zhiyong wrote and spread a large number of inciting articles such as "The People's Country," "Citizen Initiative: Campaign for 2021," "Non-Violence," and "Glorious China," which attacked and denigrated our country's political system, advocated ideology that subverted state power ideas, engaged in demagoguing, incited others to oppose the socialist system, proposed the establishment of "political opposition" and the achievement of a so-called "constitutional transformation," and other political goals.

In 2017, after defendant Xu Zhiyong was released from prison, he jointly operated the website "China Citizens Movement Network" with Ding Jiaxi and foreign organization member Hua Ze, added new columns to the website, appointed website reporters and editors, and raised website operating funds. The website spread a large number of inciting articles written by Xu Zhiyong that advocated an ideology that subverted state power.

In September 2019, defendant Xu Zhiyong instructed his girlfriend Li Qiaochu (handled in a separate case) to set up Xu Zhiyong's personal blog, and arranged for Li Qiaochu to spread on the blog a large number of inciting articles written by Xu Zhiyong that advocated an ideology that subverted state power.

3. In 2018, defendants Xu Zhiyong and Ding Jiaxi established a Telegram group for the "Citizens Movement" illegal organization. Ding Jiaxi and foreign organization member Wu Ming successively served as group leaders for the illegal organization platform for subversive activities. Wang Jiangsong, Zhang Zhongshun, Dai Zhenya, Hua Ze and more than 20 key members used the group to communicate and conduct exchanges. Xu Zhiyong and Ding Jiaxi also organized key members to use Zoom software to hold illegal online meetings and trainings, and plan activities to subvert state power.

From 2018 to 2019, defendants Xu Zhiyong and Ding Jiaxi instigated Hua Ze to use Zoom software to regularly conduct "non-violent" color revolution training for members of the "Citizens Movement" illegal organization, allowing members of the organization to master the methods of "non-violent" color revolution and subversion of state power.

4. From March to May 2019, defendant Xu Zhiyong, together with Chen Yong (alias Chen Jiaping, handled in a separate case) and others, filmed the illegal video "Politician." Xu Zhiyong used his prison experience, "education equality" and other topics to attack our country's judicial, education, petitioning and other systems, denigrate our country's political system, and advocate ideologies that subverted state power.

5. From September 22 to 23, 2018, defendant Xu Zhiyong, together with Ding Jiaxi, organized 13 people including Zhang Zhongshun, Chang Ping, Wang Jiangsong, and Wu Ming to hold a secret meeting at Zhang Zhongshun’s villa at the Yinhe Yihai Tianyuewan Community, High-tech Zone, Yantai, Shandong to organize and plan activities to  subvert state power activities, summarize the experience and lessons of the subversive activities of the previous "New Citizens Movement" and "Citizens Movement," analyze the current problems faced by the "Citizens Movement," require  organization members to penetrate into grassroots communities and adopt "non-violent" color revolutions in order to subvert state power.

6. From December 7 to 8, 2019, defendant Xu Zhiyong, together with Ding Jiaxi, organized 20 people including Zhang Zhongshun, Dai Zhenya, Wang Jiangsong, to hold a secret meeting at the Naisi Home Party Villa, Mohe Xiaoyuan, Jimei District, Xiamen, Fujian. Wu Ming and Liu Shu participated in the meeting online. Xu Zhiyong and Ding Jiaxi summarized the activities of the "Citizen Movement" illegal organization in 2019 and proposed an activity plan for 2020. At the meeting, they planned for organizational development, confrontation with the government, fund raising, social transformation and other issues, and clearly defined ways and methods to subvert state power. The goal was to penetrate communities, control grassroots political power through "non-violent" color revolutions, develop so-called "civil society" and a "national citizen community," and ultimately subvert state power.

The evidence determining the aforementioned facts is as follows:

1. Physical evidence: laptops and USB flash drives;

2. Documentary evidence: articles such as "The People's Country," "Citizen Initiative: Campaign for 2021," "Non-Violence," "Glorious China," the case registration form, and the criminal judgment form;

3. Witness testimony: testimony of witness Wang Jiangsong, Zhang Zhongshun and others;

4. Defense statements and justifications: the defense statements and justifications of defendant Xu Zhiyong;

5. Forensic opinion: a judicial forensic opinion report;

6. Crime scene investigation and inspection and identification transcripts: remote crime scene investigation records, investigation records, and identification records;

7. Audio-visual materials: surveillance videos.

This office finds that defendant Xu Zhiyong organized, planned, and carried out subversion of state power and the overthrow of the socialist order, and his actions were the commission of an offense under Article 105(1) of the "Criminal Law of the People's Republic of China." It is stipulated that if the criminal facts are clear and the evidence is reliable and copious, he should bear criminal liability for the crime of subversion of state power. Defendant Xu Zhiyong is a recidivist and should be punished pursuant to the provisions of Article 65(1) of the "Criminal Procedure Law of the People's Republic of China.” In accordance with the provisions of Article 176 of the "Criminal Procedure Law of the People's Republic of China," a public prosecution has been filed, and it is requested that sentence be passed in accordance with the law.

Respectfully Submitted

Intermediate People's Court of Linyi, Shandong

Prosecutors Tan Changzhi
Li Tao
Huang Zheng

August 5, 2021

Assistant Prosecuting Officer Li Mengli

山东省临沂市人民检察院

起诉书

临检一部刑诉[2021]Z43号

被告人许志永(曾用名许志勇),男,1973年[OBSCURED IN ORIGINAL]出生,公民身份号码[OBSCURED IN ORIGINAL],汉族,研究生文化,北京邮电大学讲师,现无业,户籍地[OBSCURED IN ORIGINAL],住北京市昌平区[OBSCURED IN ORIGINAL]。因犯聚众扰乱公共场所秩序罪,于2014年1月26日被北京市第一中级人民法院判处有期徒刑四年,2017年7月15日刑满释放。因涉嫌煽动颠覆国家政权罪,于2020年2月15日被北京市公安局海淀分局刑事拘留,次日变更为指定居所监视居住,2020年5月7日因本案由北京市公安局海淀分局依法移送山东省烟台市公安局办理,同日被烟台市公安局指定居所监视居住,2020年6月19日经本院批准逮捕,同日由临沂市公安局执行逮捕。

本案由临沂市公安局侦查终结,以被告人许志永涉嫌颠覆国家政权罪,于2021年1月19日向本院移送起诉。本院受理后,于2021年1月21日告知被告人有权委托辩护人及认罪认罚的相关法律规定,依法讯问了被告人,听取了辩护人的意见,审查了全部案件材料。本院分别于2021年3月6日、5月21日将案件退回侦查机关补充侦查,侦查机关分别于2021年4月6日、6月21日补充侦查完毕移送起诉。本院分别于2021年2月19日、5月6日、7月21日各延长审查起诉期限15日。

经依法审查查明:

2012年至2013年,被告人许志永出于对我国社会主义制度和中国共产党执政地位不满,伙同丁家喜(另案处理)等人成立、发展“新公民运动”非法组织,实施犯罪活动。2017年,许志永因犯聚众扰乱公共场所秩序罪刑满释放后,以推翻我国现行政治制度为目的,伙同丁家喜吸纳王江松、张忠顺、戴振亚、常玮平(均另案处理)等人为骨干成员,成立以许志永、丁家喜为组织者、领导者的“公民运动”非法组织,撰写、传播大量煽动性文章;拍摄名为“政治家”的非法影片;开展“非暴力”颜色革命培训;搭建、运营“中国公民运动网”、许志永个人博客等网站;先后在烟台、厦门召开“公民运动”非法组织秘密会议,组织、策划、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:

1.2012年至2013年,被告人许志永伙同丁家喜等人通过通讯软件,在北京、徐州、武汉等城市组织“公民聚餐”“同城饭醉”活动,发展“新公民运动”非法组织成员。

2017年,被告人许志永出狱后,伙同丁家喜继续与“新公民运动”非法组织成员王江松、刘家财等人勾连,到烟台、厦门等城市与张忠顺、戴振亚等人串联,将“新公民运动”改名为“公民运动”,成立“公民运动”非法组织,组织、策划、实施一系列颠覆国家政权的犯罪活动。

2.2012年以来,被告人许志永撰写、传播《人民的国家》《公民倡议:竞选2021》《非暴力》《美好中国》等大量煽动性文章,攻击、诋毁我国政治制度,宣扬颠覆国家政权思想,蛊惑、煽动他人反对社会主义制度,提出建立“政治反对派”、实现所谓“宪政转型”等政治目标。

2017年,被告人许志永出狱后,伙同丁家喜、境外组织成员华泽共同运营网站“中国公民运动网”,增设网站新栏目、选任网站报道员和编辑、筹集网站运营经费,传播许志永撰写的大量煽动性文章,宣扬颠覆国家政权思想。

2019年9月,被告人许志永指使其女友李翘楚(另案处理)搭建许志永个人博客,并安排李翘楚在该博客上传播许志永撰写的大量煽动性文章,宣扬颠覆国家政权思想。

3.2018年,被告人许志永伙同丁家喜建立“公民运动”非法组织的Telegram群组,作为颠覆活动的非法组织平台,丁家喜、境外组织成员吴明先后担任群主,王江松、张忠顺、戴振亚、华泽等20余名骨干成员使用该群组进行联络、交流;许志永、丁家喜还组织骨干成员使用Zoom软件召开线上非法会议和培训,策划颠覆国家政权活动。

2018年至2019年,被告人许志永伙同丁家喜指使华泽使用Zoom软件,定期为“公民运动”非法组织成员开展“非暴力”颜色革命培训,让组织成员掌握“非暴力”颜色革命的方式,颠覆国家政权。

4.2019年3月至5月,被告人许志永伙同陈勇(别名陈家坪,另案处理)等人拍摄非法影片“政治家”,许志永以自己监狱服刑经历、“教育平权”等话题,攻击我国司法、教育、信访等制度,诋毁我国政治制度,宣扬颠覆国家政权思想。

5.2018年9月22日至23日,被告人许志永伙同丁家喜组织张忠顺、常平、王江松、吴明等13人,在山东省烟台市高新区银和怡海天越湾小区张忠顺的别墅内召开秘密会议,组织、策划颠覆国家政权活动,总结前期“新公民运动”“公民运动”颠覆活动的经验教训,分析目前“公民运动”面临的问题,要求组织成员向基层社区渗透,采取“非暴力”颜色革命的方式,颠覆国家政权。

6.2019年12月7日至8日,被告人许志永伙同丁家喜组织张忠顺、戴振亚、王江松等20人,在福建省厦门市集美区奈斯轰趴别墅、墨和小院召开秘密会议,吴明、刘书通过网络参会。许志永、丁家喜总结2019年“公民运动”非法组织的活动情况,提出2020年的活动计划,会上针对组织发展、对抗政府、经费筹集、社会转型等议题进行策划,明确颠覆国家政权的方式、方法和目标,即通过“非暴力”颜色革命渗透社区、把持基层政权,发展所谓的“公民社群”“全国公民共同体”,最终颠覆国家政权。

认定上述事实的证据如下:

1.物证:笔记本电脑、U盘等;2.书证:《人民的国家》《公民倡议:竞选2021》《非暴力》《美好中国》等文章,受案登记表、刑事判决书等;3.证人证言:证人王江松、张忠顺等人的证言;4.被告人供述和辩解:被告人许志永的供述和辩解;5.鉴定意见:司法鉴定意见书等;6.勘验、检查、辨认笔录:远程勘验笔录、检查笔录、辨认笔录等;7.视听资料:监控视频等。

本院认为,被告人许志永组织、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之规定,犯罪事实清楚,证据确实、充分,应当以颠覆国家政权罪追究其刑事责任。被告人许志永系累犯,应依照《中华人民共和国刑事诉讼法》第六十五条第一款之规定处罚。根据《中华人民共和国刑事诉讼法》第一百七十六条的规定,提起公诉,请依法判处。

此致

山东省临沂市中级人民法院

检察官 谭长志
李涛
黄政

2021年8月5日

检察官助 理孟丽