Villagers report drinking on town cadres working day arrested Local Discipline Inspection Commission: report false

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 Villagers report drinking on town cadres working day arrested Local Discipline Inspection Commission: report false


The indictment showed that the villagers had reported five town cadres and the Yucheng County Discipline Inspection Commission found the contents of the report untrue. The public prosecutor believed that the villager was suspected of provocation and trouble and disturbed the normal working order. Defense lawyers believe that the parties are reporting through the relevant departmentswebsites and other normal channels, even if the content of the report is not true, should not be considered a crime.

According to the court notice of the Yucheng county court, the case will be heard in November 9th.

Lu Jihua, the defendant of this case, is a Lu Miao village in Zhang Ji Town, Yucheng County, Henan province. On February 15, 2018, he was detained in criminal custody on suspicion of extortion and arrested a month later by local police on suspicion of causing trouble. In September 14th, the Yucheng County procuratorate filed a public prosecution on the case.

According to the indictment, from 2014 to 2017, the defendant Lu Jihua repeatedly reported that Zhangjizhen government staff Ren Shengyi, Wang Zhongkui, Liu Kaiqing, Liu Fuqiang, Zhang Qiulan and other people did not work or drink on weekdays. Among the 5 cadres mentioned above, they include the Secretary of the town Party committee, the mayor, and the cadres in the village.

According to the indictment, the contents of Lu Jihuas report are not true. After investigation by Yucheng County Discipline Inspection Commission, the reports are not true, disrupting the normal working order.

The Yucheng County Procuratorate held that the defendant Lu Jihua had nothing to do and disturbed the normal office order. The case was serious. He should be prosecuted for the offence of causing trouble.

Defense lawyer Liu Zheng introduced, Lu Jihua because of land lease disputes and other issues to the town cadres in the process of reflection, found that there are cadres working style problems began to report. He believed that Lu Jihuas report did not destroy the real social order, did not disturb the cyberspace order, does not conform to the constitutive conditions of the crime of provoking trouble.

His reports were posted on the internal websites of the Commission of Discipline Inspection, the State Bureau of Letters and Visits and other departments, and were not disseminated on other websites. Liu Zheng said that as to whether the content of the report is true or not, that is the investigation function of the relevant departments, not the responsibility of the whistleblower. According to normal procedures, even if the content of the report is not true, it should not be a criminal act.

According to the indictment, in 2014, Lu Jihua reported that Ma Jingcun, the former head of Zhangji Town Land Bureau, had been drinking and sleeping on weekdays. Later, Lu Jihua blackmailed Ma Jingcun for 6,000 yuan in cash on the grounds that he deleted the tip and stopped reporting it online. Defender Liu Zheng believes that Ma Jingcun said 6,000 yuan was paid directly to Lu Jihua, but there are many doubts about key details such as time and place, and Lu Jihua said he has never met Ma Jingcun.

Yucheng County Procuratorate believes that Lu Jihua should be prosecuted for the crime of extortion and aggression, and several crimes should be punished together. Liu Zheng said he would plead innocence for Lu Jihua.

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Article 293 Whoever commits one of the following acts of provocation and disturbance and destroys public order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance:

(1) beating others at will;

(two) pursue, intercept, abuse, threaten others, and act badly.

(three) to impose or arbitrarily damage or occupy public or private property.

(four) causing disturbances in public places, causing serious disorder in public places.

Whoever solicits others to commit the act mentioned in the preceding paragraph many times and seriously undermines social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and may also be fined. Article 5 of the Interpretation by the Supreme Peoples Court and the Supreme Peoples Procuratorate on Several Questions Concerning the Application of Law in Criminal Cases, such as libel, etc., in which information networks are used to abuse or intimidate others, if the circumstances are bad and the social order is destroyed, in accordance with the provisions of Article 293, paragraph 1 (2), of the Criminal Law, It is convicted and punished for the crime of provocation and trouble. Whoever fabricates false information, or knowingly fabricates false information, disseminates it on the information network, or organizes or directs personnel to disseminate it on the information network, to cause riots and to cause serious public disorder, shall be convicted and punished for the offence of agitation in accordance with the provisions of item (4) of the first paragraph of Article 293 of the Criminal Law. The source of this article: surging news editor: Ji Xue Ying _NN6784

Whoever solicits others to commit the act mentioned in the preceding paragraph many times and seriously undermines social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and may also be fined.

Interpretation of Several Issues Concerning the Application of Law in Criminal Cases of Using Information Network to Carry out Defamation by the Supreme Peoples Court and the Supreme Peoples Procuratorate

Article 5 Whoever abuses or threatens others by means of information networks, if the circumstances are harsh and the social order is destroyed, shall be convicted and punished for the crime of causing trouble in accordance with the provisions of Item (2) of Article 293 of the Criminal Law.

Whoever fabricates false information, or knowingly fabricates false information, disseminates it on the information network, or organizes or directs personnel to disseminate it on the information network, to cause riots and to cause serious public disorder, shall be convicted and punished for the offence of agitation in accordance with the provisions of item (4) of the first paragraph of Article 293 of the Criminal Law.