Translation:People v Sun Mingjian (2024)
Harbin, Heilongjiang, PR China
Prosecution Authority: the People’s Procuratorate of Xiangfang District, Harbin, Heilongjiang (the ‘Prosecution’).
The Defendant, Sun Mingjian, former name Sun Bo, male, Han Chinese, born on March 20, 2001 in Harbin, Heilongjiang, bachelor’s degree, unemployed, now lives at [redacted], Xiangfang District, Heilongjiang. The Defendant was decided on Residential Surveillance at a Designated Location for desecrating the national flag on May 13, 2022, and was formal arrested for picking quarrels and provoking trouble on July 6. He is now detained in Xiangfang District Detention Centre.
Designated defence counsel: Wang Xingyang, a lawyer with Heilongjiang Foaier Law Firm, who was designated by Xiangfang District Legal Aid Centre.
On April 23, 2023, the Prosecution filed the present case with this Court by the Indictment [2023] Haxiangjian Xingsu No 140 against the Defendant for the crime of picking quarrels and provoking trouble, the Court then formed a collegial panel in compliance with the law, upon recommendation of the Prosecution and agreement of the Court, the Prosecution took adjournment of adjudication and supplementary investigation on this case on June 30, 2023, and finished the supplementary investigation, transferred to this Court on July 6, 2024, the Court held a public hearing on this case on July 12, 2023. The Prosecutor of the People’s Procuratorate of Xiangfang District, Harbin, Heilongjiang, Yao Guangshi appeared in court on behalf of the People to present the case, the Defendant and his defence counsel, Wang Xingyang appeared before the court to attend the proceedings. Upon recommendation of the Prosecution and agreement of the Court, the Prosecution took adjournment of adjudication and supplementary investigation on this case on October 7, 2023, and finished the supplementary investigation, transferred to this Court on November 6, 2023. For an irresistible reason, the Court decided to suspend the trial on February 2, 2024, and resumed the trial on April 25, 2024. The trial of the case has now been concluded.
The Prosecution alleges that, the Defendant, in harboring resentment over being repatriated by the military, and seeking to vent his dissatisfaction, at approximately 18:50 on April 11, 2022, at his home in [ ... ] Xiangfang District, Harbin, through his Acfun app personal account, posted an image of desecrating the national flag, defaming and besmirching the Party and the State, the image was played 105 times and commented 14 times. At approximately 20:13 on May 8, 2022, to continue venting his dissatisfaction, the Defendant, at his home, through his Kuaishou app personal account, posted videos of desecrating the national flag, defaming and besmirching the Party and the State on two separate occasions, the videos was played 84 times. Upon investigation, the Defendant was captured by the Public Security Bureau in Xiangfang District, Harbin on May 13 2022. The Prosecution has submitted pertinent evidence to substantiate the aforesaid charges. The Prosecution holds that the acts of the Defendant have constituted the crime of picking quarrels and provoking trouble, and he shall be held criminally responsible in application of Item 4 of Paragraph 1 of Article 293 of The Criminal Law of the People’s Republic of China. The Defendant has voluntarily pleaded guilty and consented to accept punishments during the Investigative Stage and the Examination and Prosecution Stage, and shall be allowed for leniency in accordance with Article 15 of The Criminal Procedure Law of the People's Republic of China, as such the Prosecution suggests that he shall be sentenced to fixed-term imprisonment of two (2) years.
The Defendant has no objection to the factual charges, the name of the offence, and the sentencing recommendation made by the Prosecution, attested with signed statements, and did not contest during the court hearing. The defence counsel has no objection to both the criminal facts and the name of the offence charged by the Prosecution, and raised the defence opinion that considering the Defendant voluntarily pleaded guilty and consented to accept punishments, sincerely pleaded guilty, and has no prior criminal record, therefore, the Prosecution pleads with the Court for a lighter punishment.
The Court, upon trial of this case, ascertains that, at approximately 18:50 on April 11, 2022, the Defendant, in order to vent his dissatisfaction with life, at his home in [ ... ] Xiangfang District, Harbin, by using his Xiaomi 11 mobile phone Acfun application software personal account, posted an image containing contents of insulting the State and verbally abusing others, the image was played 105 times and commented 14 times. On approximately 20:13 on May 8, 2022, to continue venting his dissatisfaction, the Defendant, at the aforementioned location, by using his Xiaomi 11 mobile phone Kuaishou application software personal account, posted videos containing contents of insulting the State and verbally abusing others on two separate occasions, the first posted video was played 84 times. The Public Security Bureau, upon investigation, captured the Defendant in Harbin City on May 13 2022, and distrained one (1) blue Xiaomi 11 mobile phone he carried with.
The aforesaid facts are substantiated by the evidence presented, cross-examined in court and confirmed as follows:
1. The ‘Source of the Case and Course of Detection of the Case’ confirm the commission and detection of the case.
2. The ‘Witness Testimony of Xiong Yajun’ confirms the process by which her company, Beijing Kuaishou Technology Co. Ltd., found the Defendant disseminated the images and videos involved in the case.
3. The ‘Business License, Network Culture Business Permit, complaint materials and electronic evidence collection report of Beijing Kuaishou Technology Co. Ltd.’ confirm the Defendant disseminated images and videos of insulting the State and verbally abusing others on domestic network information platforms.
4. The ‘List of Accepted Evidence Materials of Public Security Bureau’ confirms that one (1) blue Xiaomi mobile phone and one (1) black desktop computer were distrained from the Defendant by the Public Security Bureau according to law.
5. The ‘Forensic Evaluative Opinions by Forensic Institute of the First Psychiatric Hospital of Harbin’ confirms that the evaluatee, Sun Mingjian committed the offense without evidence of psychopathy, and had full criminal responsibility at the time of the offence.
6. The ‘Household Registration Certificate and Real-Life Performance’ confirm identity information of the Defendant.
7. The Defendant confessed the factual criminal charges of the Prosecution.
This Court holds that the Defendant, to vent his emotions and provoke trouble without cause, utilised the information network to verbally abuse others, the circumstances are severe, and undermined the social order; his acts have constituted the crime of picking quarrels and provoking trouble. The name of the offence charged by the Prosecution are established. Given that the Defendant has truthfully confessed his crime, admits to the criminal facts charged, and is willing to accept corresponding punishment, a lighter punishment can be given according to law. The defence opinions of the defence counsel is objective, the sentencing recommendation of the Prosecution is appropriate, both of which were accepted. The one (1) blue Xiaomi mobile phone of the Defendant distrained by the Xiangfang Branch of the Harbin Public Security Bureau, which is his own property and used in the commission of the crime, is to be confiscated and turned over to the state treasury; The one (1) black desktop computer of the Defendant distrained, which is unrelated to this case, but has been included in the inventory, is to be processed by the distraining authority according to law. This case was discussed and decided by the plenary meeting of the Adjudication Committee, in accordance with Item 2 of Paragraph 1 of Article 293, Article 64 of The Criminal Law of the People’s Republic of China, Article 15, Article 201 of The Criminal Procedure Law of the People's Republic of China, Paragraph 1 of Article 1 of The Supreme People’s Court and the Supreme People’s Procuratorate’s Interpretation on Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Picking Quarrels and Provoking Trouble, and Paragraph 1 of Article 5 of The Supreme People’s Court and the Supreme People’s Procuratorate’s Interpretation on Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Defamation and Other Such Crimes Involving the Use of Information Networks, the Court hereby rules that:
I. The Defendant committed the crime of picking quarrels and provoking trouble and is sentenced to fixed-term imprisonment of two (2) years.
(The term of imprisonment shall be counted from the date of execution of the judgement. Where the Defendant is detained on remand prior to the execution of the judgement, one day of such detention shall be credited as one day of the sentence, that is, the term of imprisonment begins on 6 July 2022 and ends on 5 July 2024.)
II. The one (1) blue Xiaomi mobile phone of the Defendant distrained by the Xiangfang Branch of the Harbin Public Security Bureau is to be confiscated and turned over to the state treasury by the distraining authority according to law; the one (1) black desktop computer of the Defendant distrained is to be processed by the distraining authority according to law.
If the Defendant refuses to accept the present judgement as final and binding, a petition for appeal may be submitted through this Court or directly to the Harbin Intermediate People’s Court of Heilongjiang within ten (10) days commencing on the day following the day of receipt of this judgement. In case of a written appeal, one (1) original copy and two (2) duplicate copies of the petition shall be submitted.
| This copy is verified to be identical to the original document. |
| Presiding Judge: | Ma Shinuo |
| People’s Juror: | Wang Ying |
| People’s Juror: | Zhang Yihan |
 Decided on 26 April 2024
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| Judicial Assistant: | Wang Shuai |
| Court Clerk: | Tian Xiaocui |
This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.
| Original: |
This work is in the public domain because it is exempted by Article 5 of Chinese copyright law. This exempts all Chinese government and judicial documents, and their official translations, from copyright. It also exempts simple factual information, and calendars, numerical tables, and other forms of general use and formulas.
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| Translation: |
I, Akishima Yuka, the copyright holder of this work, hereby release it into the public domain. This applies worldwide. In case this is not legally possible: I grant anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law.
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