Female express was fabricated private prosecution to public prosecution case selected by the Supreme People’s Procuratorate guiding case

2022-09-15 0 By

Since July 2020, the rumoured case of hangzhou women’s express delivery has attracted social attention.Rumor information spreads rapidly on the Internet, seriously disrupting the social and public order on the Internet.After the woman filed a private criminal complaint to the court, the procuratorial organ suggested that the public security organs file a case for investigation.After the prosecution, the court sentenced the two defendants to fixed-term imprisonment of one year, suspended for two years.On February 21, the SPP held a press conference with the theme of “Upholding people-centered efforts to strengthen criminal protection of personality rights in the Internet era” and announced the 34th batch of guiding cases, among which “Lang and He defamation cases” were selected.Two men cooperate with each other to spread rumors at 18:00 on July 7, 2020, a man named Lang was in a residential area in Yuhang District, Hangzhou city, Zhejiang Province, in the East gate express Courier station, using his mobile phone to secretly take photos of the victim, Gu, who was waiting for the delivery, and released the video in a wechat group.After that, Lang and another man, he, disguised themselves as a Courier and Gu respectively, fabricated wechat chat records in which Gu got acquainted with the Courier and had improper sexual relations several times.In order to enhance the credibility of chat records, Lang and He also fabricated “on the way to date” and “dating scene” and other videos and pictures.Between July 7 and July 16, Lang posted 39 screenshots of the fabricated wechat chat records and videos and pictures in the wechat group, triggering a large number of vulgar and insulting comments in the group.On August 5, the video shot and fabricated WeChat chat logs screenshots 27 zhang forward is merged by others, and subsequently spread to more than 110 WeChat group (group members about 26000), no. 7 WeChat public (read number more than 20000 times) and 1 site (views 1000), and other network platform, cause a lot of vulgar, offensive comments,Seriously affected the normal work life of gu mou.From August to December, the incident was reported by a number of media and triggered a hot debate on the Internet. Among them, the weibo topic “Woman cheated by rumors can’t find a job so far” was read 470 million times and discussed 58,000 times.The incident was widely spread on the Internet, causing a sense of insecurity for the general public and seriously disrupting the public order in the online society.On August 7, 2020, Gu reported lang and He to The Yuhang Branch of hangzhou Public Security Bureau in Zhejiang Province on suspicion of libel.On August 13, Yuhang branch made a decision to lang mou, he Mou administrative detention on 9 days.October 26, Gu commissioned an agent to yuhang District Court in Hangzhou, Zhejiang Province filed a criminal private prosecution, and according to the court notice to supplement the submission of relevant materials.December 14, the court accepted and lang, he mou to take compulsory measures pending trial.As related incidents and videos spread further on the Internet, the situation of the case has changed significantly.The prosecution believes that Lang mou, he mou’s behavior not only infringed on the victim’s right of personality, and the rapid spread of the network, has seriously disrupted the network social public order.As the victims of this case are randomly selected and have no specific nature, anyone may become the target of infringement, which seriously undermines the sense of security of the general public.For such cases, it is very difficult for the private prosecutor to collect evidence and achieve the standard of proof that the facts are clear and the evidence is true and sufficient. Only through the prosecution procedure can the evidence be collected and fixed in a timely and effective manner, so as to punish the crime according to law and maintain social and public order.On Dec 22, the Yuhang District Procuratorate in Hangzhou, Zhejiang province, advised public security authorities to file a case for investigation.On December 25, Yuhang branch to lang mou, he Mou suspected defamation crime put on record investigation.December 26, Gu mou to Yuhang District court to withdraw the prosecution.Focusing on the standard of “serious circumstances” of defamation crime and the prosecution situation of “serious harm to social order”, Yuhang District Procuratorate proposed to the public security organ to collect fixed opinions together with the relevant evidence that the dissemination of defamation information infringes upon the victim’s personality right and the social order and the public security.After investigation, the public security organs promptly collected and fixed the key evidence of the spread of defamatory information, the vulgar comments caused by the case and the sense of insecurity caused by the case to the general public.On January 20, 2021, Yuhang Sub-bureau transferred the case for examination and prosecution.Yuhang district procuratorate review that lang, He Mou to seek stimulation, to gain attention, fabricated the fact that damage the reputation of others, to spread on the Internet, the information is a lot of reading, forwarding, serious violations of the valley a personality right, led to the company to stop a valley, then cover rejected many times, make the valley of a certain economic losses and social evaluation also suffered serious derogatory,In addition, the two defendants’ infringement targets were randomly selected, resulting in unspecified public panic and decreased sense of social security and order.Defamatory information spread widely on the Internet, causing a large number of vulgar comments, causing a serious impact on the network public order, seriously endangering social order, in line with the provisions of the second paragraph of Article 246 of the Criminal Law “seriously endangering social order”.On February 26, Yuhang District Procuratorate to lang, he mou with suspected libel prosecution.In view of the two defendants’ admission of punishment, compensation for the victim and understanding, Yuhang District Procuratorate proposed the two defendants to be sentenced to one year in prison, suspended for two years.On April 30, the Yuhang District Court held a public hearing of the case.In the trial, the two defendants once again admitted guilty.The defender has no objection to the facts and the qualitative nature of the accusation made by the procuratorial organ.Lang’s defenders put forward that the dissemination of defamatory information involved others in editing and forwarding, which belongs to multiple causes and one result.The prosecutor argued that Lang, as an adult, should have known that the Internet was open and uncontrollable, and that defamatory information could be forwarded or commented on by others, so he should be held responsible for the spread of others.Moreover, being forwarded by others just shows the destruction of the slander information to the social order.After the trial, yuhang District Court sentenced the two defendants to fixed-term imprisonment of one year, suspended for two years, adopting the criminal facts and sentencing recommendations charged by the procuratorial organ.After the verdict, the two defendants did not appeal and the verdict has come into effect.(Source: Justice Network text: Pan Wei)