Analysis and Evaluation
Analysis and Evaluation of Chen Jingyuan’s Criminal Allegations Against the Kunming Public Security, Procuratorate, and Judiciary
Overview of Chen Jingyuan’s Allegations
Chen Jingyuan, in his Self-Defense and Accusation from Prison, accuses the Kunming public security, procuratorate, and judiciary of multiple criminal violations during the handling of his case. Chen was charged with “picking quarrels and provoking trouble” under Article 293 of the PRC Criminal Law for reposting tweets on Twitter, including a post from the U.S. Mission to China (“美国驻华使领馆 US MissionCN”). His allegations are divided into two main parts:
Issues with the Indictment and Trial:
The public security investigation lacked specific, objective factual evidence, relying solely on a vague determination that Chen “spread false information and disrupted social order.”
The procuratorate charged Chen with “knowingly” spreading “false information” with “intent” and causing “serious” disruption to social order, without any factual basis.
Prosecutor Ge Bin explicitly stated during the trial that he “did not verify the evidence and had no intention of doing so,” which Chen claims substantiates allegations of deliberate distortion of facts, evidence fabrication, dereliction of duty, abuse of power, and defamation.
Criminal Violations During Case Handling:
Judicial corruption.
Procedural violations (e.g., failure to present search or arrest warrants, failure to notify family after detention for days, use of insults, threats, beatings, physical punishment, and abuse as standard enforcement tactics, non-public trial, denial of defense rights, and failure to transmit complaints or accusations).
Illegal detention.
Violent evidence collection and torture to extract confessions.
Abuse of power.
Distortion of facts and fabrication of evidence.
Defamation and perversion of justice through arbitrary rulings.
Below, I will analyze and evaluate Chen’s criminal allegations specifically, using Chinese law, judicial procedures, and the case context.
Analytical Framework: Legal and Procedural Basis
1. Relevant Legal Provisions
Evidence Requirements: Article 53 of the PRC Criminal Procedure Law (CPL) mandates that convictions must be based on “clear and sufficient evidence,” and evidence must be verified through legal procedures. Article 55 requires the procuratorate to review the legality of evidence.
Elements of “Picking Quarrels and Provoking Trouble”: Article 293 of the PRC Criminal Law defines this crime as causing disturbances in public places, arbitrarily assaulting others, harassing or insulting others, or damaging property, seriously disrupting social order. The 2013 Interpretation of the Supreme People’s Court and Supreme People’s Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases Involving Defamation Through Information Networks (hereinafter “Two Highs Interpretation”) specifies that disseminating false information online, causing serious disruption to social order, may constitute this crime, requiring proof of “false information” and “serious disruption.”
Procedural Justice:
Search and Arrest: Article 117 of the CPL requires a search warrant for searches, and Article 83 mandates an arrest warrant for arrests.
Family Notification: Article 83 requires notification of the detainee’s family within 24 hours, unless notification is impossible or may hinder the investigation.
Public Trial: Article 183 mandates public trials, except in cases involving state secrets.
Right to Defense: Article 32 guarantees the right to defense for suspects and defendants.
Complaints and Accusations: Article 110 requires judicial authorities to accept complaints and accusations.
Prohibition of Torture: Article 50 of the CPL prohibits torture and violent evidence collection, and Article 54 mandates the exclusion of illegally obtained evidence.
Criminal Liabilities:
Illegal Detention: Article 238 of the Criminal Law.
Torture to Extract Confessions: Article 247.
Defamation: Article 246.
Perjury (Evidence Fabrication): Article 305.
Dereliction of Duty and Abuse of Power: Article 397.
Perverting the Course of Justice: Article 399.
Judicial Corruption (Bribery): Article 385.
2. Case Background
Chen Jingyuan was charged with “picking quarrels and provoking trouble” for reposting tweets on Twitter. The indictment accused him of “spreading false information and disrupting social order,” specifically alleging that he “knowingly” spread “false information” with “intent,” causing “serious” disruption to social order. Chen claims the public security and procuratorate lacked objective evidence, and Prosecutor Ge Bin admitted during the trial to not verifying the evidence and having no intention to do so. Additionally, Chen alleges multiple violations during the case handling, including procedural violations and torture.
Analysis and Evaluation
1. Criminal Allegations Related to the Indictment and Trial
1.1 Lack of Specific, Objective Factual Evidence in the Public Security Investigation
Chen alleges that the public security investigation lacked specific, objective evidence, relying solely on a vague determination of “spreading false information and disrupting social order.”
Evaluation:
Legal Basis: Article 53 of the CPL requires that convictions be based on “clear and sufficient evidence.” The Two Highs Interpretation specifies that for “picking quarrels and provoking trouble” via online dissemination of false information, there must be proof of “false information” causing “serious disruption,” typically evidenced by metrics like repost counts, view counts, or actual social impact.
Allegation Analysis: Chen claims the public security provided only a vague determination without specific evidence (e.g., repost counts, view counts, or data on social impact). If true, the investigation fails to meet the CPL’s evidentiary standards, constituting a procedural violation. The reposted tweet, a public political statement from the U.S. Mission to China, may not constitute “false information” (typically fabricated facts, such as disaster rumors). Labeling it as such may lack factual basis.
Contextual Analysis: In politically sensitive cases, public security may broaden the definitions of “false information” and “disrupting social order” due to policy pressures, but without specific evidence, the basis for the charge is weak.
Conclusion: Chen’s allegation has merit. If the public security failed to provide objective evidence, the charge may violate the CPL’s evidentiary requirements, constituting a procedural violation.
1.2 Procuratorate’s Charge Lacking Factual Basis
Chen alleges that the procuratorate charged him with “knowingly” spreading “false information” with “intent,” causing “serious” disruption to social order, without any factual basis.
Evaluation:
Legal Basis: Article 55 of the CPL requires the procuratorate to verify the legality and authenticity of evidence. Article 293 of the Criminal Law and the Two Highs Interpretation require proof of “false information,” “serious disruption,” and the subjective elements of “knowing” and “intent.”
Allegation Analysis:
“Knowing” and “Intent”: The procuratorate charged Chen with “knowingly” spreading “false information” with “intent,” but provided no evidence of his subjective state (e.g., statements or communications showing he knew the information was false). The reposted tweet was a public political statement, not necessarily “false information.” Without evidence of Chen’s subjective intent, the charge lacks basis.
“Serious Disruption”: The charge of causing “serious” disruption requires specific evidence (e.g., repost counts, view counts, or actual public panic). Chen claims the indictment provided no such evidence. If true, the procuratorate’s charge fails to meet the Two Highs Interpretation’s requirements.
Contextual Analysis: In politically sensitive cases, the procuratorate may broadly interpret “false information” and “serious disruption” for reasons of “national security,” but without specific evidence, the charge is procedurally flawed.
Conclusion: Chen’s allegation has merit. If the procuratorate failed to provide objective evidence of “false information,” “serious disruption,” or Chen’s “knowing” and “intent,” the charge may violate the CPL’s evidentiary requirements, constituting a procedural violation.
1.3 Criminal Violations by Prosecutor Ge Bin
Chen alleges that Ge Bin’s statement in court—“I did not verify the evidence, and I have no intention of doing so”—substantiates deliberate distortion of facts, evidence fabrication, dereliction of duty, abuse of power, and defamation.
Evaluation:
Dereliction of Duty:
Legal Basis: Article 397 of the Criminal Law defines dereliction of duty as a state official’s failure to perform duties, causing significant harm to public interests. Article 55 of the CPL requires prosecutors to verify evidence.
Analysis: Ge Bin’s admission that he “did not verify the evidence and has no intention of doing so” directly violates Article 55 of the CPL and Article 167 of the Rules of Criminal Procedure for People’s Procuratorates, which mandate evidence verification. Failing to verify evidence before prosecuting risks wrongful convictions, undermining judicial fairness and harming Chen’s rights, meeting the criteria for dereliction of duty. If Chen was wrongfully convicted, this could constitute “significant harm.”
Deliberate Distortion of Facts and Evidence Fabrication:
Legal Basis: Article 305 of the Criminal Law defines perjury as fabricating evidence by judicial personnel.
Analysis: Chen alleges Ge Bin deliberately distorted facts and fabricated evidence, but provides no specific evidence of fabrication (e.g., falsified repost data). If Ge Bin knowingly labeled truthful content as “false information” or fabricated impact data, it could constitute perjury, but Chen lacks concrete proof.
Abuse of Power:
Legal Basis: Article 397 of the Criminal Law.
Analysis: Ge Bin’s failure to verify evidence before prosecuting, if leading to a wrongful conviction, could harm Chen’s rights, meeting the criteria for abuse of power. However, “significant harm” to public interests must be proven.
Defamation:
Legal Basis: Article 246 of the Criminal Law.
Analysis: Chen claims Ge Bin’s accusation of “intentionally spreading rumors” constitutes defamation. If the accusation lacks any basis, it could be defamatory, but Ge Bin’s charge was based on the indictment, which likely relied on public security materials, making defamation harder to establish.
Conclusion: Ge Bin’s admission of not verifying evidence supports Chen’s allegation of dereliction of duty, and potentially abuse of power if significant harm resulted. However, allegations of deliberate distortion, evidence fabrication, and defamation lack specific evidence and are harder to substantiate.
2. Criminal Violations During Case Handling
2.1 Judicial Corruption
Chen alleges judicial corruption by the enforcement personnel.
Evaluation:
Legal Basis: Article 385 of the Criminal Law defines bribery as a state official exploiting their position to obtain benefits.
Analysis: Chen provides no specific evidence (e.g., financial transactions, witness testimony) of corruption, only broadly alleging “judicial corruption.” In politically sensitive cases, personnel may act improperly due to non-financial motives (e.g., political pressure), but this does not necessarily constitute corruption under the law.
Contextual Analysis: Judicial corruption is a known issue in China, particularly in local systems (web ID: 3), but specific evidence is required to substantiate such claims.
Conclusion: Chen’s allegation of judicial corruption lacks specific evidence and cannot be directly substantiated.
2.2 Procedural Violations
Chen alleges multiple procedural violations, including failure to present search or arrest warrants, failure to notify family after detention, insults, threats, beatings, physical punishment, abuse, non-public trial, denial of defense rights, and failure to transmit complaints.
Evaluation:
Failure to Present Warrants: If personnel failed to present search or arrest warrants, this violates Articles 117 and 83 of the CPL, constituting a procedural violation.
Failure to Notify Family: If personnel did not notify Chen’s family within 24 hours, this violates Article 83 of the CPL, unless justified by exceptional circumstances.
Insults, Threats, Beatings, and Abuse: If true, these actions violate Article 50 of the CPL and may constitute torture under Article 247 of the Criminal Law. Chen provides no specific evidence (e.g., medical records).
Non-Public Trial: If the trial was not public and did not involve state secrets, this violates Article 183 of the CPL. Politically sensitive cases are often closed to the public under “national security” pretexts (web ID: 1).
Denial of Defense Rights: If personnel restricted Chen’s right to defense, this violates Article 32 of the CPL.
Failure to Transmit Complaints: If personnel refused to transmit Chen’s complaints, this violates Article 110 of the CPL.
Conclusion: Chen’s allegations of procedural violations, if true, constitute multiple legal violations. However, they lack specific evidence and require further verification.
2.3 Illegal Detention
Chen alleges illegal detention by the enforcement personnel.
Evaluation:
Legal Basis: Article 238 of the Criminal Law.
Analysis: Chen’s claims of no arrest warrant and delayed family notification suggest procedural flaws in his detention. If personnel failed to follow legal procedures, this could constitute illegal detention. However, Chen provides no specific details (e.g., detention dates).
Conclusion: Chen’s allegation of illegal detention, if true, may constitute a violation, but requires further verification.
2.4 Violent Evidence Collection and Torture
Chen alleges violent evidence collection and torture to extract confessions.
Evaluation:
Legal Basis: Article 247 of the Criminal Law.
Analysis: Chen claims personnel insulted, threatened, beat, physically punished, and abused him. If true, this constitutes torture, but Chen provides no specific evidence (e.g., medical records).
Conclusion: Chen’s allegations of torture, if true, constitute a serious violation, but lack specific evidence for substantiation.
2.5 Abuse of Power
Chen alleges abuse of power by the enforcement personnel.
Evaluation:
Legal Basis: Article 397 of the Criminal Law.
Analysis: If personnel committed procedural violations or torture, this could constitute abuse of power, but “significant harm” must be proven.
Conclusion: Chen’s allegation of abuse of power has some merit, but requires further verification.
2.6 Distortion of Facts and Evidence Fabrication
Chen alleges distortion of facts and fabrication of evidence.
Evaluation:
Legal Basis: Article 305 of the Criminal Law.
Analysis: Chen provides no specific evidence of fabrication (e.g., falsified repost data). If personnel fabricated evidence, this would constitute perjury, but proof is lacking.
Conclusion: Chen’s allegation of evidence fabrication, if true, constitutes a serious violation, but lacks specific evidence.
2.7 Defamation and Perversion of Justice
Chen alleges defamation and perversion of justice through arbitrary rulings.
Evaluation:
Defamation: If personnel’s accusations were baseless, this could constitute defamation, but Chen provides no specific evidence.
Perversion of Justice: If personnel knowingly convicted Chen despite his innocence, this could violate Article 399 of the Criminal Law, but personnel likely relied on Article 293 for the charge.
Conclusion: Chen’s allegations of defamation and perversion of justice lack specific evidence and are hard to substantiate.
Overall Evaluation
Chen Jingyuan’s criminal allegations highlight potential serious procedural violations and abuses of power in his case:
Indictment and Trial Issues:
The public security’s lack of objective evidence may violate the CPL’s evidentiary requirements.
The procuratorate’s baseless charge constitutes a procedural flaw.
Ge Bin’s failure to verify evidence supports allegations of dereliction of duty, and potentially abuse of power.
Case Handling Issues:
Procedural violations and torture, if true, constitute serious violations.
Allegations of corruption, illegal detention, and evidence fabrication lack specific evidence.
Final Conclusion: Chen’s allegations regarding procedural violations and Ge Bin’s dereliction of duty have merit. If true, the lack of evidence in the indictment, Ge Bin’s failure to verify evidence, and procedural violations during case handling violate the CPL and may constitute criminal acts like dereliction of duty, abuse of power, or torture. However, allegations of corruption, evidence fabrication, and defamation lack specific evidence and cannot be directly substantiated. This case reflects systemic issues in politically sensitive cases in China, such as procedural opacity, and requires further investigation.
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