SPP Guiding Cases: Set 3

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This translation is being completed by the Li Ze Legal Service Center of Beijing  Foreign Studies University as part of China Law Translate's Supreme People's Procuratorate Guiding Cases Translation Effort. This ongoing project provides an opportunity for groups from different schools, organizations and nations  to collaborate in providing valuable translations of these important documents. These documents provide concrete guidance to the nations procurators in handling cases and supervising the courts.

 

Notice on the Publication of the Third Set of Guiding Cases

People's procuratorates of all provinces, autonomous regions and directly governed municipalities; military procuratorates and the people's procuratorate for the Xinjiang Production and Construction Corps:

Upon decision of the Sixth Session of the Twelfth Committee of the Supreme People's Procuratorate on May 27 2013, we hereby release for your reference the cases of Li Zeqiang fabricating and intentionally disseminating terrorist information, Wei Xuechen Fabricating False Terrorist Information and Yuan Caiyan Fabricating False Terrorist Information..

The Supreme People's Procuratorate May 27, 2013

The Case of Li Zeqiang Fabricating and Intentionally Disseminating Terrorist Information

Procuratorate Case No. 9

[Keywords]

Crime of fabricating and intentionally disseminating terrorist information

[Main Ideas]

The crime of fabricating or intentionally disseminating terrorist information is a selective charge. Fabricating terrorist information and then disseminating it to specific people, seriously disrupting public order, constitutes the crime of fabricating terrorist information. . Fabricating terrorist information and then disseminating it to unspecified people, seriously disrupting public order, constitutes the crime of fabricating and intentionally disseminating terrorist information..

Where there are multiple crimes of fabricating or intentionally disseminating terrorist information, it shall not be given concurrent sentences, but shall be considered it as a sentencing circumstance.

[Relevant Legislation]

Criminal Law of The People’s Republic of China Article 291 (I)

[Basic case details]

The defendant, Li Zeqiang, was born in 1975 and is from Hebei province. He was an electrician at Beijing Xinhe Logistics and Warehousing Center.

On 22 p.m., August 4, 2010, in order to let off steam, defendant Li Zeqiang texted messages from the construction site at xiaoying-north road 13, Chaoyang district, Beijing, saying “someone will blow the Beijing Capital International Airport tonight ” and randomly sent them to tens of phones. Peng X, from Tianjin, reported this to the local police department after receiving this message on August 5, and the public security sub-bureau for Beijing Capital International Airport (BCIA) informed the surveillance center of BCIA. The surveillance center immediately initiated an emergency plan, checking the east and west terminals and tarmacs, and strengthening luggage screening and the surveilance, consuming a large amount of manpower and material and seriously impacting the normal order of BCIA.

[Procedural history]On August 7, 2010 ,Li Zeqiang was detained by the Public Security Sub-bureau Of The Beijing Capital International Airport (BCIA) on suspicion of the crime of fabricating or intentionally disseminating false terrorist information, was formally arrested on September 7, 2010, and on November 9, 2010, on the conclusion of investigation, this case was transferred to Chaoyang District People's Procuratorate of Beijing to be reviewed for prosecution. On December 3, 2010, the Procuratorate initiated a public prosecution against defendant Li Zeqiang for committing the crime of fabricating or intentionally disseminating false terrorist information.

On 14 December 2010, the Chaoyang District People's Court rendered the judgment of first instance, holding that Defendant Li Zeqiang, with weak understanding of the law and for the purpose of venting his personal rage, had fabricated false terrorist information and intentionally disseminated it to others, seriously disrupted public order, and thereby constituting the crime of fabricating or intentionally disseminating false terrorist information. Since Defendant Li Zeqiang voluntarily confessed to the crime, a lighter punishment may be discretionarily given and on the basis of the provisions of Articles 291(1) and Article 61 of the Criminal Law of the People's Republic of China, defendant Li Zeqiang was found guilty of the crime of fabricating or intentionally disseminating false terrorist information and sentenced to one year imprisonment. After the first-instance trial judgment, the defendant Li Zeqiang did not file an appeal within the legally prescribed time limit, nor did the procuratorial organs raise a counter-appeal, so the first-instance trial judgement became legally effective..

The Case of Wei Xuechen Fabricating False Terrorist Information

Procuratorate Case No. 10

[Keywords]

Crime of fabricating false terrorist information; seriously disturbing the social order

[Main Ideas]

The determination of whether the crime of fabricating terrorist information "seriously disturbed social order” shall be analyzed and judged by comprehensively combining the conduct's degree of impact in areas such as regular work, production, life, business, education and scientific research, and factors such as the extent to which it caused panic among the public and the circumstances of its handling. Where terrorist information is fabricated or intentionally disseminated threatening civil aviation, provoking public panic or preventing the normal takeoffs and landings of aircraft, it shall be identified as “ seriously disturbing social order ”.

[Relevant Legislation]

Criminal Law of The People’s Republic of China Article 291 (I)

[Basic case details]

Defendent Wei Xuechen,male , from Liaoning province, was born in 1987 and was formerly a tour guide at the Golden Holiday travel agency.

On June 13 2010, at 14:46, after the defendant Wei Xuechen had finished lunch with a travel group from Sichuan that he was guiding in Dalian, he told Li Jiangzhong, a guide from Sichuan, that he could delay the takeoff of the plane for 30 min, and then called the inquiry desk of the Dalian Zhoushuizi international airport (DZIA) from his cellphone, and, after asking the schedule for flight 3U8814, told the airport personnel that "there are two terrorists on the phone, be careful". After the DZIA received the phone call, it immediately initiated its anti-terrorist plans, removed the plane to an isolated area, organized public security and safety teams to empty the passenger cabin and cargo holds, examined the materials on every departing passenger, and checked the safety inspeciton footage to confirm that their was nothing suspicious. Flight 3U8814 was then able to depart at 19:33, a delay of 33 minutes.

[Procedural history]

Wei was taken custody by the Airport Branch of Dalian Public Security Bureau on June 13, 2010 on suspicion of fabricating false terrorist information, he was formally arrested on June 25, and at the completion of investigation on August 12, the case was transferred to the Dalian Municipal people's procuratorate for the Ganjingzi district to be reviewed for prosecution. On September 20th, 2010, the Gangjingzi People's Procuratorate initiated a prosecution in the People‘s Court of Ganjingzi District. On October 11, 2010, the court issued it's first-instance trial court decision, holding that the defendant Wei Xuechen had intentionally fabricated false terrorist information and seriously disrupted social order, and that his actions constituted the crime of fabricating false terrorist information. In consideration of his voluntary confession, a lighter sentence may be give discretionarily, and on the bases with Articles 291(1) of the Criminal Law of People's Republic of China, the court sentenced him to 1 year and 6 months imprisonment. After the first-instance trial, defendant Wei Xuechen did not appeal during the statutory period, nor did the the procuratorate raise a counter-appeal, and the judgment became legally effective..

Case of Yuan Caiyan Fabricating False Terrorist Information

Procuratorate Case No. 11

[Keywords]

Fabricating terrorist information , Punishment on the basis of the more serious offense

[Main Ideas]

Where false terrorist information causes the relevant departments to carry out an evacuation or leads to major economic losses due to relevant units' inability to conduct normal business, it shall be deemed as having “caused serious consequences”.

Where fabrication of terrorist information is used as a means of carrying out extortion, fraud or other crimes, it shall be punished as the the more serious crime based on the facts and evidence.

[Relevant Legislation]

Criminal Law of The People’s Republic of China, Article 274, 291(1)

[Basic case details]

The defendant is Yuan Caiyan, male, from Hubei Province, born in 1956 and unemployed.

Because defendant Yuan Caiyan was short of money, he attempted to extort assets by fabricating terrorist information regarding a bomb threat. On September 29, 2004, the defendant Yuan Caiyan fraudulently used a fake ID with the name “Zhang Rui” to apply for a Peony Money-link card account in a branch of Industrial and Commercial Bank of China (ICBC), located at Ticai Plaza, Hongxing Road in Xinyang, Henan Province.

At about 2 o'clock P.M. on January 24th, 2005, defendant Yuan Caiyan called Shanghai Pacific Department Store Co., Ltd. Xuhui branch, and fabricated terrorist information by saying that a bomb had been set in the store, and that it would explode if payment was not made.

He threatened a suicide bombing unless the Pacific Department Store Company Branch transferred 50,000 RMB to his designated Peony Money-link card account within one hour. The Pacific Department Store Company Branch called the police instantly and conducted and evacuation. After receiving the report, the public security organ initiated it's violence prevention plan and sent more than 300 policemen to conduct a safety inspection of the Commercial Plaza. Yuan’s actions caused the Pacific Department Store branch to suspend business for 3.5 hours.

At about 10 a.m. on Jan.25, defendant Yuan Caiyan called the Fuzhou New City Shopping Mall, claiming that he had placed a bomb in the shopping mall and demanding that the Mall put 50 thousand yuan in his designated Peony Money-link account. After receiving the call, police mobilized a large number of personnel to conduct an evacuation, to search for the bomb and to control the traffic in the surrounding area.

At 11 a.m. Jan.27, the defendant, Yuan Caiyan, called the Spring-Festival Migration Office of the Shanghai Railway Bureau, claiming that he had placed a bomb in a train and demanding that the Spring-Festival Migration Office put 100 thousand yuan into his designated Peony Money-link account under threat of setting off the bomb . After receiving a call, the Shanghai Railway Public Security Bureau shifted a large force to carry out security checks on passengers and to search the rains and railway station.

At 2 p.m. Jan. 27, the defendant, Yuan Caiyan, called the Guangzhou Milky River City Department Store Co. , Ltd. demanding that the company put 20 thousand yuan into his Peony Money-link Card account within 30 minutes, or he would perform a suicide bombing in the shopping mall.

At 4 p.m. Jan.27, the defendant, Yuan Caiyan, called the Shenzhen Tianhong Shopping Mall, demanding that the mall put 20 thousand yuan into his Peony Money-link Card account within 1 hour or he would detonate the bomb in the shopping mall.

At 4:32 p.m. Jan.27, the defendant, Yuan Caiyan, called the Nanning Department Store, demanding that the mall put 20 thousand yuan into his Peony Money-link Card Account within one hour, or he would detonate the bomb in the shopping mall's entrance . After receiving the call, the police sent out more the 300 policemen to search for the bomb and conduct security checks in the shopping mall.

[Procedural history]

On January 28, 2005, Yuan Caiyan was criminally detained on suspicion of extortion, by the Guangzhou Municipal Public Security Bureau for the Tianhe District. In February,2005,the case was transferred to the jurisdiction of the Shanghai City Public Security Bureau Xuhui District branch, which was the primary site of Yuan’s crimes, and on March 4th,Yuan Caiyan was formally arrested, and on April 5th, at the conclusion of the investigation, the case was delivered to Shanghai Xuhui District people's Procuratorate to be reviewed for prosecution. On April 14th,2005, the Shanghai People's Procuratorate assigned the Second Shanghai People's Procuratorate Branch to take the jurisdiction over the case, and on April 18th, the Second Shanghai People's Procuratorate Branch raised a public prosecution in the Shanghai Second Intermediate People's Court for Yuan’s on charges of fabricating false terrorist information. On June 24th,2005, the Shanghai Second Intermediate People's Court issued the first-instance trial judgment, holding that Yuan Caiyuan deliberately fabricated a bomb threat for purposes of extortion, seriously disrupting public order, and that this conduct constituted the crime of fabrication false terrorist information and caused serious consequences. Defendant Yuan Caiyan was convicted of fabricating false terrorist information and sentenced to 12 years imprisonment and 3 years deprivation of political rights in accordance with PRC Criminal Law Article 291(1), paragraph 1 of Article 55, paragraph 1 of Article 56 and Article 64. After the first-instance judgment, the defendant Yuan Caiyan appealed. On August 25,2005,the Shanghai High People’s court made the second-instance trial, and final, judgment, rejecting Yuan’s appeal and sustaining the original judgment.

 

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