Fabricating sexual harassment allegations turns into a real case of picking quarrels and provoking trouble.
[2] Compiled from: Chengdu Business Daily, Morning News
Case review
[3] In January 2019, Pei sold a counterfeit Van Cleef & Arpels bracelet on WeChat Moments for 1,000 yuan. Guo, seeing the post, asked if the bracelet was genuine. Pei, knowing it was fake, confirmed it was authentic. Guo believed this and transferred 1,000 yuan via WeChat to Pei.
[4] After receiving the bracelet, Guo discovered it was counterfeit and demanded a refund. Pei insisted it was genuine and refused, leading to a dispute. Feeling threatened and harassed by Guo's calls, Pei reported to the Shatang Police Station of Ma'anshan City Court on January 18, 2019, where the officers registered the case.
[5] Later, Guo, believing Pei was behind the spam calls to his phone, purchased a harassment call service online and bombarded Pei with calls and texts on February 10, 2019, and from July 1 to July 7, 2019. On July 10, when receiving a franchise sales call, Guo, suspecting Pei's involvement, falsely claimed Pei was his girlfriend or partner and provided Pei's number, telling the caller to contact Pei. On July 11, the salesperson called Pei, who, learning Guo had given out his number, reported Guo for sexual harassment to the Huli Police Station of Ma'anshan City Court at around 11:03 AM, arguing with the dispatcher. The station called Pei back at 11:16 AM, and Pei said he would seek online help.
[6] Subsequently, Pei recorded a 3-minute-26-second video distorting facts, tearfully claiming Guo sexually harassed him and that Ma'anshan police were severely negligent. He uploaded the video to his Sina Weibo account named "Spring and Autumn Do Not Touch," leading to rapid mass sharing, comments, and reports by netizens and media (as of 10:46 PM on July 14, the video had 75.42 million views, 162,014 shares, and 81,732 comments; later statistics showed total views of 220 million), severely disrupting work and online order.
Relevant legal provisions
"Criminal Law of the People's Republic of China"
Article 67: Voluntary Surrender
A person who voluntarily surrenders after committing a crime and truthfully confesses his or her own罪行 is considered to have voluntarily surrendered. A criminal who voluntarily surrenders may be given a lighter or mitigated punishment. Among them, if the crime is minor, the punishment may be waived. A criminal suspect, defendant, or convict serving a sentence who is subjected to compulsory measures and truthfully confesses other crimes not yet known to the judicial authorities shall be deemed to have voluntarily surrendered. Although a criminal suspect does not have the circumstances of voluntary surrender as provided in the preceding two paragraphs, if he or she truthfully confesses his or her own crime, the punishment may be lighter; if, due to such truthful confession, particularly serious consequences are avoided, the punishment may be mitigated.
Article 72: Conditions for Application
For a criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years, if the following conditions are simultaneously met, a suspended sentence may be declared; for those under the age of 18, pregnant women, and those who have reached the age of 75, a suspended sentence shall be declared: (1) The circumstances of the crime are minor; (2) There is a demonstration of repentance; (3) There is no further danger of committing a crime; (4) The declaration of a suspended sentence does not have a significant adverse impact on the community where the offender resides. When declaring a suspended sentence, based on the circumstances of the crime, the offender may be simultaneously prohibited from engaging in specific activities, entering specific areas or venues, or contacting specific persons during the probation period. If a criminal declared a suspended sentence is also sentenced to supplementary punishments, the supplementary punishments must still be executed.
Article 73: Probation Period
The probation period for criminal detention is not less than the original term of imprisonment and not more than one year, but it shall not be less than two months. The probation period for fixed-term imprisonment is not less than the original term of imprisonment and not more than five years, but it shall not be less than one year. The probation period shall be calculated from the date on which the judgment is determined.
Article 293: Crime of Picking Quarrels and Provoking Trouble
Whoever commits any of the following acts of picking quarrels and provoking trouble, thereby disrupting social order, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, or public surveillance: (1) randomly assaulting others with grossly outrageous circumstances; (2) chasing, intercepting, verbally abusing, or intimidating others with grossly outrageous circumstances; (3) forcibly taking or demanding, or arbitrarily damaging or occupying public or private property with serious circumstances; (4) creating disturbances in public places, causing serious disorder in public order. If a person gathers others to repeatedly commit the acts mentioned above, seriously disrupting social order, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and may also be fined.
[1] Court Opinion
This court finds that the defendant, Pei, fabricated false information and disseminated it on the information network, causing serious disorder in public order. His actions have violated criminal law and constitute the crime of picking quarrels and provoking trouble. The charges brought by the public prosecution are established. The defendant, Pei, voluntarily surrendered and truthfully confessed his crimes, which constitutes voluntary surrender and may be given a lighter punishment according to law. The defendant, Pei, voluntarily admitted guilt and accepted punishment, which may warrant lenient punishment. This court accepts the sentencing recommendation from the public prosecution. The defense counsel's opinion to shorten the sentence is not accepted by this court. In accordance with Article 293, Paragraph 1, Article 67, Paragraph 1, Article 72, Paragraph 1, and Article 73, Paragraphs 2 and 3 of the Criminal Law of the People's Republic of China, the judgment is as follows: The defendant, Pei, is convicted of the crime of picking quarrels and provoking trouble and is sentenced to one year of fixed-term imprisonment, with a one-year probation period.
[1] The author's perspective
In recent years, self-media has developed rapidly. Some people attempt to use self-media platforms to protect their rights, which should be a "new" channel for rights protection. However, from time to time, some individuals with ulterior motives distort facts to attract public attention and stir up the public's sense of justice.
Furthermore, the status of women in modern society is continuously improving. Generations of outstanding women work diligently in various fields, striving through effort and hard work to gradually break the oppression of the "gender ceiling." If someone uses "gender advantages" to irresponsibly play the victim or create hype on social media, such "crying wolf" behavior will have a severe negative impact on society as a whole.
