2021feb 19:
On the other hand, Qiu Moming used his personal registered account "Spicy Pen Ball" to post two messages that belittled and mocked the heroic martyrs in Weibo 10: 29 and 10: 46 that night, which were widely spread on the Internet and had a bad social impact.
202120 February:
nanjing public security bureau
According to the announcement, Qiu Moumou (male, 38 years old, Nanjing native, net name "Spicy Pen Ball") who made illegal remarks was arrested on the evening of February 19, and Nanjing police have arrested Qiu Moumou on suspicion of crime.
Make trouble
Be criminally detained for committing a crime. On February 25,
police
Submit the crime of stirring up trouble
Oxytocin
approve an arrest
202 1 March1:
Nanjing Municipal People's Procuratorate
Issued a briefing on the case, saying that the People's Procuratorate of jianye district was charged with the crime of infringing on heroic martyrs according to law.
fame
Honorary crime approved the arrest of the suspect Qiu Mouming.
2021May 3 1 day: The People's Court of jianye district, Nanjing, Jiangsu Province held a public hearing to hear the case that the defendant Qiu (Sina Weibo's "hot pen ball") infringed on the reputation and honor of heroic martyrs. The court found the defendant Qiu Mouming guilty of violating the reputation and honor of heroic martyrs and sentenced him to
periodical
Eight months; It was also ordered to publicly apologize through major domestic portals and national media within 10 days from the effective date of the judgment to eliminate the impact.
Relevant laws and regulations
1.《
Criminal law of the people's Republic of China
Article 12
People's Republic of China (PRC)'s behavior after the founding of the People's Republic of China and before the implementation of this Law, if at that time,
law
If it is not considered a crime, the laws at that time shall apply;
If the law at that time considers it a crime, it shall be in accordance with the provisions of section 8 of chapter 4 of the general provisions of this law.
rule
Those who should be prosecuted shall be investigated for criminal responsibility in accordance with the laws at that time, but if this law does not consider it a crime or the punishment is relatively light, this law shall apply.
Before the implementation of this law, the effective judgment made in accordance with the laws at that time shall remain valid.
2. Article 293 of the Criminal Code of People's Republic of China (PRC)
Whoever commits one of the following acts of stirring up trouble and disturbing social order shall be sentenced to fixed-term imprisonment of not more than five years.
criminal detention
or
control
: (1) beating others at will, and the circumstances are bad; (two) chasing, intercepting, insulting or intimidating others, and the circumstances are bad; (three) extortion or arbitrary damage, occupation of public or private property, if the circumstances are serious; (4) in
public place
Prisoners, causing serious chaos in public places. Whoever gathers people for many times to commit the acts mentioned in the preceding paragraph and seriously undermines social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and may also be fined.
3.《
Criminal law amendment
(11) Article 299 of the Measures for the Implementation of 202 1 March 1 Day.
Whoever insults, slanders or otherwise infringes upon the reputation and honor of heroic martyrs and harms the public interests, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
Viewpoint explanation
1. First, define a concept,
Criminal law amendment
Yes, yes.
penal code
The modification, supplement and perfection of itself, also
It is one of the contents of the criminal code.
.
2. The behavior of "hot pen and small ball" took place on February 29th, when the Criminal Law Amendment (XI) had not been implemented, and Nanjing police detained him on suspicion of stirring up trouble.
/kloc-From June, 2000, the Criminal Law Amendment (XI) came into effect, adding the crime of infringing on the reputation and honor of heroic martyrs, and allocating fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights to this crime.
Statutory punishment
.
4. Newly established crimes against the reputation and honor of heroic martyrs.
measurement of penalty
The standard is fixed-term imprisonment of not more than three years, criminal detention or public surveillance, while the sentencing standard for the crime of stirring up trouble is fixed-term imprisonment of not more than five years, criminal detention or public surveillance.
5. The criminal law of China adopts the principle of combining leniency with severity, because
The punishment for the crime of infringing on the reputation and honor of heroic martyrs is lighter than the crime of stirring up trouble.
, so the procuratorial organs according to
The principle of being lenient with others.
The revised criminal law was applied to this case, and the arrest was carried out according to the relevant provisions of the Criminal Procedure Law. The court also found that Qiu Mouming, a "hot pen ball", was guilty of violating the reputation and honor of heroic martyrs.