Sunday, June 23, 2024

Translation: Huang Xuqin and Wang Jianbing Inciting Subversion Indictment

On June 14, 2024, the Twitter account "Free Huang Xueqin & Wang Jianbing 释放雪饼" (@FreeXueBing)  posted a copy of the last two pages of the court judgement in the trial of Huang Xueqin (黄雪琴)  and Wang Jianbing (王建兵): https://x.com/FreeXueBing/status/1801482149326971326. According to that document:

  • Wang was found guilty of inciting subversion of state power and was sentenced to three years and six months imprisonment, three years deprivation of political rights, and confiscation of personal property in the amount of RMB 50,000.
  • Huang was found guilty of inciting subversion of state power and was sentenced to five years imprisonment, four years deprivation of political rights, and confiscation of personal property in the amount of RMB 100,000.

As of the publication of this post, the remainder of the court judgment was not publicly available. It is reasonable to assume that the PRC government ordered the judgment to be censored, as it has previously done with many other court judgments involving prosecutions for political speech in recent years. For more on that see "Censorship of Court Judgments in the PRC."

People's Procuratorate of Guangzhou, Guangdong
Indictment
Su Procuratorate Criminal Indictment (2022) No. Z11


Defendant Huang Xueqin, Female, born [OBSCURED IN ORIGINAL], citizen I.D. No. [OBSCURED IN ORIGINAL], Han ethnicity, masters student education level, household registration location [OBSCURED IN ORIGINAL]. On September 20, 2021 she was taken into criminal detention by the Public Security Bureau of Guangzhou on suspicion of committing the crime of subversion of state power. On October 27 of the same year this Office authorized her arrest for the crime of inciting subversion of state power, and she was arrested by the Public Security Bureau of Guangzhou on the same day.

Defendant Wang Jianbing, male, born [OBSCURED IN ORIGINAL], citizen I.D. No. [OBSCURED IN ORIGINAL], Han ethnicity, undergraduate education, household registration location [OBSCURED IN ORIGINAL], temporarily residing at Xingang West Road 149 Room 202, Guangzhou Haizhu District. On September 20, 2021 he was taken into criminal detention by the Public Security Bureau of Guangdong on suspicion of committing the crime of subversion of state power. On October 27 of the same year this Office authorized his arrest for the crime of inciting subversion of state power, and he was arrested by the Public Security Bureau of Guangzhou on the same day.

The investigation of this case was concluded by the Public Security Bureau of Guangzhou, and defendants Huang Xueqin and Wang Jianbing were suspected of having committed the crime of inciting subversion of state power, and on March 25, 2022 it was transferred to this office for prosecution. After this Office docketed the case, on March 28, 2022 it notified the defendants of their right to retain defense counsel, and in accordance with the law the defendants were interrogated, the opinions of defense counsel were heard, and all case materials were reviewed. During this period the case was referred back to the investigating agency twice for supplemental investigation.

A review in accordance with the law ascertained:

Since 2019, on multiple occasions defendant Huang Xueqin posted inciting articles and statements on Internet platforms and social media outside the national borders that distorted and attacked our country's government, attacked and denigrated our country's political system, and advocated an ideology that subverted state power. In March 2021, while defendant Huang Xueqin was participating in a certain foreign news online meeting, she made public inciting statements that attacked and denigrated our country's State regime.

From May 2020 to February 2021, defendant Huang Xueqin was recruited by foreign organizations to participate in online training courses on "non-violent movements." Knowing that these courses contained content that incited subversion of our country's State regime, he nevertheless introduced and lured others to participate, and during the training he assisted with taking attendance and playing courseware, actively assisting in the "non-violent movement" training activities.

From December 2020 to May 2021, defendant Huang Xueqin used foreign video conferencing software to organize and offer "Ten Lessons" project training, using major domestic and foreign events, social movements, etc. as content to incite participants to be dissatisfied with our country's State regime.

After graduating from university, defendant Wang Jianbing repeatedly joined foreign online groups such as the "China Jasmine Revolution Volunteer Corps" and "June 4 Massacre Memorial Hall" with the purpose of subverting our country's State regime, and on multiple occasions posted or forwarded false statements and articles attacking our country's political system and government on foreign social media and online platforms. From May to October 2020, defendant Wang Jianbing received online course training on "Non-Violent Movements" while studying in England.

Since November 2020, defendants Wang Jianbing and Huang Xueqin, together with their co-defendant Chen Xiang (handled in a separate case), used foreign communication software to publish and compile information and regularly convene multiple people to organize gatherings at defendant Wang Jianbing's rental residence, Room 202, No. 149, Xingang West Road, Haizhu District, Guangzhou, and use the opportunity of discussing social topics to incite participants to be dissatisfied with our country's State regime.

On September 19, 2021, the public security agency apprehended defendants Huang Xueqin and Wang Jianbing near the rental residence of defendant Wang Jianbing.

Evidence determining the aforementioned facts is as follows:

1. Physical evidence such as cash and bank cards;
2. Documentary evidence such as household registration materials, and the process of how the defendant came into police custody;
3. Witness testimony such as [OBSCURED IN ORIGINAL];
4. Statements and justifications of defendants Huang Xueqin and Wang Jianbing;
5. Forensic opinions such as the forensic report (DNA) No. (2021) 01818) of Suihai Company;
6. Crime scene investigation, inspection, identification and other records;
7. Audio-visual materials and electronic data such as courseware and online collected data.

This Office finds defendants Huang Xueqin and Wang Jianbing disregarded the laws of the State and incited subversion of state power and the overthrow the socialist order by manufacturing rumors, defamation, and other means, and their actions constitute the commission of an offense under the provisions of Article 105(2) of the "Criminal Law of the People's Republic of China." The criminal facts are clear, the evidence is reliable and copious, and they should bear criminal liability for committing the crime of inciting subversion of state power. A public prosecution is filed in accordance with the provisions of Article 176 of the "Criminal Procedure Law of the People's Republic of China," and it is requested that sentence be passed in accordance with the law.

Respectfully submitted.

Intermediate People's Court of Guangdong

Procurator [OBSCURED BY SEAL]
Procurator's Assitant [OBSCURED BY SEAL]

March 19, 2022


 广东省广州市人民检察院
起诉书
穗检刑诉[2022]Z11号


被告人黄雪琴,女,[OBSCURED IN ORIGINAL]出生,公民身份号码[OBSCURED IN ORIGINAL]汉族,硕士研究生文化程度,户籍所在地[OBSCUREDINORIGINAL],因涉嫌颠覆国家政权罪,于2021年9月20日被广东省广州市公安局刑事拘留,同年10月27日经本院以煽动颠覆国家政权罪批准逮捕,同日被广东省广州市公安局逮捕。

被告人王建兵,男,[OBSCURED IN ORIGINAL]出生,公民身份号码[OBSCURED IN ORIGINAL],汉族,大学本科文化程度,户籍所在地[OBSCURED IN ORIGINAL],暂住地广州市海珠区新港西路149号202房。因涉嫌颠覆国家政权罪,于2021年9月20日被广东省广州市公安局刑事拘留,同年10月27日经本院以煽动颠覆国家政权罪批准逮捕,同日被广东省广州市公安局逮捕。

本案由广东省广州市公安局侦查终结,以被告人黄雪琴、王建兵涉嫌煽动颠覆国家政权罪,于2022年3月25日向本院移送起诉。本院受理后,于2022年3月28日告知被告人有权委托辩护人,依法讯问了被告人,听取了辩护人意见,审查了全部案件材料。期间,退回侦查机关补充侦查二次。

经依法审查查明:

自2019年以来,被告人黄雪琴多次在境内外网络平台、社交媒体上发布歪曲、攻击我国政府的煽动性文章和言论,攻击、诋毁我国政治制度,宣扬颠覆国家政权的思想。2021年3月,被告人黄雪琴在参加某境外新闻线上会议时,公开发表攻击、诋毁我国国家政权的煽动性言论。

2020年5月至2021年2月,被告人黄雪琴受境外组织人员纠集,参与“非暴力运动”网课培训,在明知该课程含有煽动颠覆我国国家政权内容的情况下,仍介绍,拉拢他人参加,并在培训过程中协助点名、播放课件等,积极协助开展“非暴力运动”培训活动。

2020年12月至2021年5月,被告人黄雪琴利用境外视频会议软件组织、开设“十堂课”项目培训,以境内外重大事件、社会运动等为内容,煽动参加人员对我国国家政权的不满。

被告人王建兵大学毕业后,先后加入具有颠覆我国国家政权目的的“中国地茉莉花革命志愿军团中国茉莉花革命志愿军团”“六四大屠杀纪念馆”等境外网络群组,并多次在境外社交媒体和网络平台上发布或转发攻击我国政治制度与政府的不实言论和文章。2020年5月至10月,被告人王建兵在英国学习期间接受“非暴力运动”网络课程培训。

2020年11月起,被告人王建兵、黄雪琴伙同同案人陈祥(另案处理)利用境外通联软件发布聚会信息,定期召集多人在被告人王建兵租住处广州市海珠区新港西路149号202房等地组织聚会,借讨论社会话题之机,煽动参加人员对我国国家政权的不满。

2021年9月19日,公安机关在被告人王建兵租住处附近被告人黄雪琴、王建兵抓获。

认定上述事实的证据如下:

1.现金、银行卡等物证;
2.户籍材料、到案经过等书证;
3.[OBSCURED IN ORIGINAL]等证人证言;
4.被告人黄雪琴、王建兵的供述和辩解;
5.穗海公司)鉴(DNA)字(2021)01818号鉴定书等鉴定意见;
6.勘验、检查、辨认等笔录;
7.课件、网络在线提取数据等视听资料、电子数据。

本院认为,被告人黄雪琴、王建兵无视国家法律,以造谣、诽谤及其他方式煽动颠覆国家政权,推翻社会主义制度,其行为触犯了《中华人民共和国刑法》第一百零五条第二款,犯罪事实清楚,证据确实、充分,应当以煽动颠覆国家政权罪追究刑事责任。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

广东省广州市中级人民法院

检察官[OBSCURED BY SEAL]
检察官助理[OBSCURED BY SEAL]

2022年3月19日



Translation: Huang Xuqin and Wang Jianbing Inciting Subversion Indictment

On June 14, 2024, the Twitter account "Free Huang Xueqin & Wang Jianbing 释放雪饼" (@FreeXueBing)  posted a copy of the last two p...