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
(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