Beijing Municipal Haidian District People’s Procuratorate
Indictment
Beijing Haidian [District People’s] Procuratorate Criminal Indictment [2013] no. 2933
Defendant Ding Jiaxi, male, born August 17, 1967, in Yidu County, Hubei Province, ID number: 110108196708179712, Han ethnicity, post-graduate education, is a lawyer at Beijing Dehong Law Firm and has a registered residence at [REDACTED]. On April 18, 2013, he was placed under criminal detention by the Beijing Municipal Public Security Bureau Public Transportation Safety Protection Branch on suspicion of illegal assembly. Following the approval of the Beijing Municipal People’s Procuratorate, No. 1 Branch, he was arrested by the Beijing Municipal Public Security Bureau on May 24, 2013.
Defendant Li Wei, male, born August 1, 1971, in Wuhan, Hubei Province, ID number: 110224197108010016, Han ethnicity, post-graduate education, unemployed, resides at [REDACTED]. On April 21, 2006, he was given five days’ administrative detention by the Beijing Municipal Public Security Bureau Haidian Branch for making false accusations. On July 14, 2008, he was convicted of intentional homicide by the Beijing Municipal Changping District People’s Court and sentenced to four years imprisonment, from which he was released at the end of his sentence on September 6, 2011. On April 11, 2013, he was placed under criminal detention by the Beijing Municipal Public Security Bureau Public Transportation Safety Protection Branch on suspicion of illegal assembly. Following the approval of the Beijing Municipal People’s Procuratorate, No. 1 Branch, he was arrested by the Beijing Municipal Public Security Bureau on May 17, 2013.
The Beijing Municipal Public Security Bureau has concluded its investigation of this case. The case was transferred to the Beijing Municipal People’s Procuratorate, No. 1 Branch for investigation of the defendants Ding Jiaxi and Li Wei for indictment on suspicion of the crime of gathering a crowd to disrupt order in a public place on October 24, 2013, and October 18, 2013, respectively. The Beijing Municipal People’s Procuratorate, No. 1 Branch returned the case [to the Public Security Bureau] for supplemental investigation on November 2, 2013, as the evidence needed to be supplemented and improved. The case was again transferred to the Beijing Municipal People’s Procuratorate, No. 1 Branch on December 3, 2013, for investigation for indictment. The case was then transferred by the Beijing Municipal People’s Procuratorate, No. 1 Branch to this procuratorate for investigation for indictment on December 6, 2013 as designated by the Beijing Municipal People’s Procuratorate. After accepting the case, this procuratorate notified the defendants’ appointed counsel in accordance with the law, questioned the defendants in accordance with the law, and examined all of the case materials.
Through investigation in accordance with law, the following has been ascertained:
I. Between December 2012 and March 2013, the defendants Ding Jiaxi and Li Wei, together with Xu Zhiyong, Zhao Changqing, Wang Yonghong, Sun Hanhui (whose cases are being processed separately) et al., used the issue of “public officials’ asset disclosure” to organize and orchestrate the gathering of many people in public places, where they engaged in activities such as displaying banners and distributing leaflets. During this period, Ding Jia Xi together with Xu Zhiyong, Wang Yonghong et al. produced banners and leaflets. In particular, Wang Yonghong organized and incited Yuan Dong, Zhang Baocheng, Li Gang, Hou Xin (whose cases are being processed separately) et al. to take actions to gather crowds to disrupt order in public places.
1. On January 27, 2013, Yuan Dong et al displayed banners and took photographs near the South Gate of Chaoyang Park in Chaoyang District, Beijing, where they also resisted and obstructed public security police officers from enforcing the law. Later, Yuan Dong et al. continued on to the West Gate of Tsinghua University in Haidian District, Beijing, where they displayed banners and took photographs.
2. On February 23, 2013, the defendant Ding Jiaxi colluded with Yuan Dong et al. to display banners and distribute leaflets in Zhongguancun Plaza, Haidian District, Beijing, attracting onlookers. After that day’s action concluded, Ding Jiaxi et al. agreed to continue the aforementioned actions. The next day, Ding Jiaxi colluded with Yuan Dong et al. to go to Hailong Market, Haidian District; Huangzhuang Metro Station in Haidian District; the East Gate of Peking University; and the West Gate of Tsinghua University to continue displaying banners and distributing leaflets, [again] attracting onlookers. They also defied efforts to restore control by relevant security personnel and got into physical altercations with them. Photos and other information about the aforementioned acts were uploaded to the Internet.
3. On March 31, 2013, in Xidan Culture Square in Xicheng District, Beijing, Yuan Dong et al. displayed banners, distributed leaflets, and made speeches on a megaphone; took photos and made video-recordings of the scene; and attracted onlookers. They also defied and obstructed the efforts of public security police officers to enforce the law. Photos and other information about this action were uploaded to the Internet.
II. Defendants Ding Jiaxi, together with Xu Zhiyong, Wang Gongquan (whose cases are being processed separately) et al., used the issue of “education equality” to organize, orchestrate, and incite others to gather in front of the Beijing Municipal Education Commission. Later, Ding Jiaxi sent inciting text messages to more than one hundred people. On February 28, 2013, nearly one hundred people gathered in front of the Beijing Municipal Education Commission for an extended period of time, where they defied and obstructed public security police officers from enforcing the law, creating serious chaos at that location.
After committing these offenses, the defendants Ding Jiaxi and Li Wei were taken into custody.
Evidence confirming the aforementioned facts includes:
Physical evidence, documentary evidence, witness testimony, the statement and justification of the defendant, evaluation reports, inspection records, audiovisual materials, and electronic data.
This procuratorate finds that the defendants Ding Jiaxi and Li Wei colluded with others to gather crowds to disrupt the order of public places and defied and obstructed the efforts of the state’s public safety management personnel to carry out their duties in accordance with the law. The circumstances are serious, and they both qualify as ringleaders. The aforementioned defendants’ acts constitute a violation of the provisions of Article 291 of the Criminal Law of the PRC. The facts of their crimes are clear, and the evidence reliable and sufficient; [thus] criminal responsibility should be pursued for the offense of gathering a crowd to disrupt the order of a public place. Moreover, the defendant Li Wei was previously sentenced to fixed-term imprisonment for the crime of intentional homicide and committed another crime punishable by fixed-term imprisonment within five years of the completion of that criminal penalty; he thus constitutes a repeat offender under Article 65(1) of the Criminal Law of the PRC and should be given more severe punishment. In accordance with Article 172 of the Criminal Procedure Law of the PRC, we hereby issue this indictment and request punishment in accordance with the law.
Sincerely submitted to
Beijing Municipal Haidian District People’s Court
Assistant Procurator: ZHUANG Wei (庄 伟)
Assistant Procurator: ZHOU Jianhui (周建辉)
Assistant Procurator: ZHAO Peng (赵 鹏)
December 13, 2013
Addendum and attachments:
1. Defendants Ding Jiaxi and Li Wei are currently in custody at the Beijing No. 3 Municipal Detention Center;
2. Two certificates of custody transfer.
(Translated by people, and reposted on ChinaChange.org with permission from the translators.)
Related reading:
If I Lose Fredom, a Ding Jiaxi profile by Xiao Guozhen (in Chinese). The English translation will soon be made available by Human Rights in China.
Bilingual version (Chinese/English)
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