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
In January 2019, Pei posted on WeChat Moments offering a counterfeit Van Cleef & Arpels bracelet for 1,000 yuan. Upon seeing the post, Guo inquired whether the bracelet was authentic. Pei, fully aware that it was a fake, nonetheless replied that it was genuine. Believing this to be true, Guo transferred 1,000 yuan to Pei via WeChat.
After receiving the bracelet, Guo discovered that it was a counterfeit and inferior product, and demanded a return from Pei. Pei insisted that the bracelet was genuine and refused to accept the return, leading to a dispute between the two parties. Because Pei believed he had been threatened and harassed by phone calls from Guo, he went to the Shatang Police Station of the Ma'anshan City Court on January 18, 2019, to file a report. The police officers at the station registered and recorded the details of Pei's report.
Later, because Guo's mobile phone was frequently harassed by calls from unknown numbers and he believed Pei was responsible, he purchased telephone harassment services online and harassed Pei by phone calls and text messages between February 10, 2019 and July 1 to July 7, 2019. On July 10, when Guo received harassing calls from a franchise solicitation company and believed Pei was responsible, he falsely claimed that Pei was his girlfriend or partner and provided Pei's mobile phone number to the other party, telling them to contact Pei if they needed anything. On July 11, the solicitation party called Pei with a sales pitch. After learning that Guo had provided her mobile phone number, Pei, on the grounds that Guo had sexually harassed her, called the Huoli Police Station of the Ma'anshan City Court at approximately 11:03 to report the matter, and during the call had a dispute with the officer receiving the report. The station later called Pei at approximately 11:16, and Pei stated that she would seek help online herself.
[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, and some people attempt to safeguard their rights through self-media platforms. This should have been a "new" channel for rights protection, but from time to time, some individuals with ulterior motives distort the facts to attract public attention and stir up the public's sense of justice.
Moreover, the status of women in modern society is steadily rising, and generations of outstanding women have devoted themselves diligently to all walks of life, striving to gradually break through the oppression of the “gender ceiling” through hard work and perseverance. If anyone exploits “gender advantage” to irresponsibly play the victim or seek attention on social media, such “crying wolf” behavior will have a detrimental impact on society as a whole.
