On the afternoon of May 31, the People’s Court of Jianye District, Nanjing City, Jiangsu Province, opened a trial in accordance with the law to hear the defendant Qiu Ziming (Sina Weibo name “Spicy Pen Xiaoqiu”) infringing on the reputation and honor of a heroic martyr. The People’s Procuratorate of Jianye District, Nanjing City sent officers to support the public prosecution and perform the duties of a public interest litigant. He asked the defendant Qiu Ziming to be held criminally liable, and he was also required to be sentenced to bear civil tort liability, and to apologize publicly to eliminate the impact. The defendant and the defendant in an incidental civil public interest litigation, Qiu Ziming, and his defender and entrusted agent ad litem appeared in court to participate in the litigation.
The court found that on the morning of February 19, 2021, the defendant Qiu Ziming used his Sina Weibo account at his residence to gain attention and gain more attention after reporting on the heroic deeds of guarding the country and defending the border. Spicy Pen Xiaoqiu (with more than 2.5 million fans), published two Weibo posts at 10:29 and 10:46, distorting the heroic deeds of the soldiers defending the border, slandering and degrading the heroic spirit of the soldiers defending the border. The reputation and honor of heroes and martyrs. The above-mentioned Weibo spread rapidly on the Internet, arousing strong public outrage and causing bad social impact.
The court held that the fact that the public prosecution agency accused Qiu Ziming of infringing on the reputation and honor of heroes and martyrs was clear, the evidence was credible and sufficient, and the charges were convicted. After returning to the case, Qiu Ziming truthfully confessed his crimes, pleaded guilty and pleaded guilty, and said in court that he would never commit the crime again. Based on this, the defense opinion of the defender requesting a lighter punishment is true, and the eight-month sentence of imprisonment proposed by the public prosecution agency is appropriate and shall be adopted.
The People’s Court of Jianye District of Nanjing City, based on the facts and evidence of the case, combined the opinions of the prosecution and defense in the trial, and pronounced a verdict in court in accordance with the law, found that the defendant Qiu Ziming was guilty of infringing on the reputation and honour of a heroic martyr, and sentenced him to eight months in prison; Publicly apologize through major domestic portal websites and national media within ten days from the effective date to eliminate the impact.
More than 30 people including deputies to the National People’s Congress, members of the CPPCC, and people from all walks of life attended the trial. (People’s Daily)