Ezhou City, Echeng District People’s Court, Hubei Province
Criminal Judgment
                                                                            (2023) E-0704 Criminal First Instance No. 87

The public prosecution in this case is initiated by the Ezhou City, Echeng District People’s Procuratorate of Hubei Province.

Defendant Yu Qian, male, born on June 8, 1986 in Ezhou City, Hubei Province, PRC Citizen Identification Number: 420704198606084279, of Han ethnicity, with a junior college education, unemployed, residing at No. 1 Pengjiabianwan, Xingqiao Village, Zelin Town, Echeng District, Ezhou City, Hubei Province (registered permanent residence at the same address). The defendant was subjected to 15 days of administrative detention on June 20, 2022 for picking quarrels and provoking trouble; and again subjected to 15 days of administrative detention and fined 500 RMB on October 13, 2022 for picking quarrels and provoking trouble. In the present case, the defendant was placed under criminal detention on October 29, 2022, and was formally arrested on December 2, 2022. He is currently detained at Ezhou No. 1 Detention Center.

The Ezhou City, Echeng District People’s Procuratorate filed Public Prosecution No. Z2 (2023) under Indictment Ezhou Cheng Jian Xingsu (2023) No. Z2, accusing the defendant Yu Qian of the crime of picking quarrels and provoking trouble, and on March 3, 2023, initiated a public prosecution before this Court. This Court, in accordance with the law, formed a collegial panel and held a non-public hearing to adjudicate the case. Prosecutor Jiang Xiaoliang, assigned by the Ezhou City, Echeng District People’s Procuratorate, appeared in court to support the public prosecution, and the defendant Yu Qian appeared in court to participate in the proceedings. The trial has now been concluded.

The Ezhou City, Echeng District People’s Procuratorate alleged that: from May 25, 2011 to October 11, 2022, the defendant Yu Qian fabricated a large amount of false information and published it on the online information network platform “Twitter”, resulting in more than 350,000 views and clicks, thereby causing serious disruption to public order.

To substantiate the above accusations, the public prosecution read and presented in court documentary evidence, inspection records, electronic data, as well as the defendant’s statements and arguments in his defense.

The public prosecution asserted that the defendant Yu Qian, by spreading false information on the information network, stirred up trouble and caused serious disruption to public order, and therefore should be held criminally liable for the crime of picking quarrels and provoking trouble.

The defendant Yu Qian rejected the defense counsel appointed by the legal aid institution and chose to conduct his own defense, arguing that he did not fabricate false statements, but merely made overheated remarks; that his conduct was unlawful, but did not constitute the crime of picking quarrels and provoking trouble.

Upon trial, the Court found that: from May 25, 2011 to October 11, 2022, the defendant Yu Qian fabricated a large amount of false information and published it on the information network platform “Twitter,” which amassed more than 350,000 views and clicks, resulting in serious disruption to public order.

The above facts are confirmed by the following evidence, which was presented and cross-examined in court and is hereby affirmed by this Court:

1. Textual materials of the articles involved in the case, screenshots of the “Twitter” interface, remote inspection records, electronic inspection records, and explanatory documents. These prove that the defendant Yu Qian published 59 articles on the information network platform “Twitter,” all of which contained fabricated false information, and that the total number of clicks and views exceeded 350,000.
2. The defendant Yu Qian’s statements and arguments in his defense:
   “All of the articles were written by me, and the images were downloaded from Twitter. I did not fabricate false statements. I only used overheated language in the course of defending my rights.”
3. Administrative penalty decisions, etc. These prove that the defendant Yu Qian was placed under 15 days of administrative detention on June 20, 2022, and another 15 days of administrative detention on October 13, 2022, for conduct related to this case.
4. Household registration information. This proves the defendant Yu Qian’s personal identity and age at the time of the offense.
5. Record of how the defendant was brought to justice. This proves that the defendant Yu Qian was apprehended and taken into custody.

This Court holds that the defendant Yu Qian fabricated false information and disseminated it on the information network, stirring up trouble and causing serious disruption to public order. His conduct constitutes the crime of picking quarrels and provoking trouble. The facts of the crime charged by the public prosecution are clear, and the evidence is reliable and sufficient, thereby supporting the conviction.

The defendant Yu Qian truthfully confessed his offense, which constitutes a voluntary confession, and he may be given a lighter punishment in accordance with the law. As for the defendant’s argument that he did not fabricate false statements and that his conduct does not constitute the crime of picking quarrels and provoking trouble, this Court finds, upon examination, that the defendant has explicitly admitted to the act of publishing the articles on the information network, and that the contents of said articles were fabricated false information created by him.

Therefore, the defendant’s act of fabricating and disseminating false information on the information network clearly demonstrates subjective intent to stir up trouble and undermine social order. Given the large number of clicks and views, the degree of harm caused by his actions meets the threshold of “serious disruption to public order.” Accordingly, his conduct satisfies all constitutive elements of the crime of picking quarrels and provoking trouble. The aforementioned defense claim is inconsistent with the facts ascertained by this Court and is not accepted.

In accordance with Article 293, Paragraph 1, Subparagraph (4) and Article 67, Paragraph 3 of the Criminal Law of the People’s Republic of China, and upon deliberation by the judicial committee, the judgment is as follows:

The defendant Yu Qian is guilty of the crime of picking quarrels and provoking trouble, and is hereby sentenced to three (3) years of fixed-term imprisonment.

(The term of imprisonment shall be calculated from the date the judgment is carried out; where the defendant has been detained prior to the execution of the judgment, each day of such detention shall be credited as one day toward the sentence. The 30 days of administrative detention shall likewise be credited as 30 days toward the sentence. Accordingly, the term of imprisonment for the defendant Yu Qian shall run from October 29, 2022 through September 28, 2025.)

If the defendant does not accept this judgment, he may file an appeal with the Ezhou Intermediate People’s Court of Hubei Province within ten (10) days from the day after receiving this written judgment, either through this Court or directly to the appellate court. For a written appeal, one original and two duplicate copies of the appeal petition shall be submitted.

Presiding Judge: Jiang Bin
Judge: Zhao Xiezhong
People’s Assessor: Ye Wenbin

Ezhou City, Echeng District People’s Court, Hubei Province (Seal)
March 22, 2024

I hereby certify this document is consistent with the original.
Court Clerk: Huang Jinfa

湖北省鄂州市鄂城区人民法院

刑事判决书

                                                    (2023)鄂0704刑初87号

公诉机关湖北省鄂州市鄂城区人民检察院。

被告人余钱,男,1986年6月8日出生于湖北省鄂州市,公民身份号码 420704198606084279,汉族,大专文化,无固定职业,住湖北省鄂州市鄂城区泽林镇兴桥村彭家边湾1号(户籍地同上)。因寻衅滋事,于2022年6月20日被行政拘留十五日;因寻衅滋事,于2022年10月13日被行政拘留十五日,并处罚款五百元。因本案,于2022年10月29日被刑事拘留,2022年12月2日被逮捕。现羁押于鄂州市第一看守所。

鄂州市鄂城区人民检察院以鄂州城检刑诉(2023)Z2号起诉书指控被告人余钱犯寻衅滋事罪,于2023年3月3日向本院提起公诉。本院依法组成合议庭,不公开开庭进行了审理。鄂州市鄂城区人民检察院指派检察员江小良出庭支持公诉,被告人余钱到庭参加诉讼。现已审理终结。

鄂州市鄂城区人民检察院指控:2011年5月25日至2022 年10月11日,被告人余钱编造大量虚假信息,在信息网络平台 “推特(Twitter)”上发布,点击、浏览量达35万余次,造成公共秩序严重混乱。

为了证实以上指控,公诉机关当庭宣读、出示了书证、勘验笔录、电子数据及被告人的供述和辩解等证据。

公诉机关认为,被告人余钱在信息网络上散布虚假信息,起哄闹事,造成公共秩序严重混乱,应当以寻衅滋事罪追究其刑事责任。

被告人余钱拒绝法律援助机构指派的律师为其辩护,自行辩护称其没有编造不实言论,只是言论过激;其行为违法,但不构成寻衅滋事罪。

经审理查明:2011年5月25日至2022年10月11日,被告人余钱编造大量虚假信息,在信息网络平台“推特 (Twitter)”上发布,点击、浏览量达35万余次,造成公共秩序严重混乱。

上述事实,有经当庭举证、质证,本院予以确认的下列证据证实:

1. 涉案文章的文本资料、“推特(Twitter)”界面截屏照片、远程勘验笔录、电子勘验笔录、情况说明等。证明:被告人余钱在信息网络平台“推特(Twitter)”上发布文章59条,内容均系其编造的虚假信息,点击、浏览量达35万余次。

2. 被告人余钱的供述和辩解:文章都是我写的,图片是我从 “推特(Twitter)”下载的。我没有编造不实言论,只是出于维权,言语过激。

3. 行政处罚决定书等。证明:被告人余钱因本案于 2022年 6月20日被行政拘留十五日;2022年10月13日被行政拘留十五日。

4. 户籍信息。证明被告人余钱的个人身份、犯罪时的年龄等。

5. 到案经过。证明被告人余钱系被抓获归案。

本院认为,被告人余钱编造虚假信息,在信息网络上散布, 起哄闹事,造成公共秩序严重混乱,其行为已构成寻衅滋事罪。公诉机关指控被告人余钱犯罪的事实清楚,证据确实、充分,指控的罪名成立。被告人余钱如实供述自己的罪行,是坦白,可以从轻处罚。对于被告人余钱提出其没有编造不实言论、不构成寻衅滋事罪的辩解意见,经查被告人余钱对指控其在信息网络上发布文章的事实供认不讳,而文章内容均属其编造的虚假信息。由此,被告人余钱编造虚假信息并在信息网络上散布,其起哄闹事、破坏社会秩序的主观故意明显;虚假信息的点击、浏览量大,其行为破坏社会秩序的程度达到“造成公共秩序严重混乱”,故其行为符合寻衅滋事犯罪构成特征。该项辩解与查明的事实不符,不予采纳。依照《中华人民共和国刑法》第二百九十三条第一款第(四)项、第六十七条第三款之规定,经审判委员会讨论决定,判决如下:

被告人余钱犯寻衅滋事罪,判处有期徒刑三年。

(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。行政拘留30日折抵刑期30日。即被告人余钱的刑期自2022年10月29日起至2025年9月28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湖北省鄂州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 姜斌

审判员 赵协中

人民陪审员 叶文斌

湖北省鄂州市鄂城区人民法院(盖章)

二〇二四年三月二十二日

文件与原本核对无异

书记 员 黄锦发