{"id":3826,"date":"2014-10-28T11:42:54","date_gmt":"2014-10-28T15:42:54","guid":{"rendered":"http:\/\/www.chinesepen.org\/english\/?p=3826"},"modified":"2014-10-28T11:42:54","modified_gmt":"2014-10-28T15:42:54","slug":"shen-yongpings-indictment","status":"publish","type":"post","link":"https:\/\/www.chinesepen.org\/english\/shen-yongpings-indictment","title":{"rendered":"Shen Yongping\u2019s Indictment"},"content":{"rendered":"<p>Published: October 27, 2014<\/p>\n<p><a href=\"http:\/\/www.chinesepen.org\/english\/files\/2014\/10\/e6b288e58b87e5b9b3.jpg\"><img loading=\"lazy\" decoding=\"async\" class=\"alignright size-medium wp-image-3827\" src=\"http:\/\/www.chinesepen.org\/english\/files\/2014\/10\/e6b288e58b87e5b9b3-238x300.jpg\" alt=\"e6b288e58b87e5b9b3\" width=\"238\" height=\"300\" srcset=\"https:\/\/www.chinesepen.org\/english\/files\/2014\/10\/e6b288e58b87e5b9b3-238x300.jpg 238w, https:\/\/www.chinesepen.org\/english\/files\/2014\/10\/e6b288e58b87e5b9b3.jpg 250w\" sizes=\"(max-width: 238px) 100vw, 238px\" \/><\/a>Shen Yongping (\u6c88\u52c7\u5e73) is a documentary maker living in Beijing best known for making One Hundred Years of Constitutionalism (\u300a\u767e\u5e74\u5baa\u653f\u300b) (trailer in Chinese), now available on YouTube. He was detained in April of this year, and charged with illegal business operations. His trial will be held at 9:30 am on November 4th, 2014, <!--more-->in Yuhe Court of Chaoyang District People\u2019s Court (\u5317\u4eac\u5e02\u671d\u9633\u533a\u4eba\u6c11\u6cd5\u9662\u6e29\u6986\u6cb3\u6cd5\u5ead).<\/p>\n<p>His lawyer Zhang Xuezhong recently posted that, \u201cIn the course of making the documentary, Shen Yongping was warned repeatedly by the authorities that, if he didn\u2019t stop filming, he would face prison time. Shen Yongping replied, \u2018If you regard it as committing a crime to make a public interest documentary, then I would rather go after my dream and fulfill my own promise even if it means being locked in jail.\u2019 On the same day the filming was done, Shen Yongping was detained by police in Beijing. He is the first individual in China who has lost his freedom for recording China\u2019s history of pursuing constitutionalism.\u201d<\/p>\n<p>People\u2019s Procuratorate of Chaoyang District, Beijing Municipality<\/p>\n<p>Indictment<\/p>\n<p>Beijing Chaoyang Procuratorate criminal indict. (2014) No. 2475<\/p>\n<p>Defendant Shen Yongping, male, born November 23, 1980, ID number: 36050219801123****, ethinic Han, undergraduate university education, place of household registration: [redacted by translators], Xinyu municipality, Jiangxi province. Was criminally detained on April 29, 2014, by the Chaoyang Branch of Beijing Municipal Public Security Bureau. On June 5, 2014, arrest was approved by this Procuratorate and carried out by the Chaoyang Branch of Beijing Municipal Public Security Bureau.<\/p>\n<p>The Chaoyang Branch of Beijing Municipal Public Security Bureau conducted and completed investigation on this case, and transferred it to this Procuratorate on July 28, 2014, for review for indictment of defendant Shen Yongping on suspicion of the crime of conducting illegal business operations. Upon receiving the filing, this Procuratorate notified the defendant on July 30, 2014, of his right to defense, interrogated the defendant in accordance with the law, and reviewed all the materials of this case. During this process, [this procuratorate] extended the time period once for 15 days for reviewing and deciding on an indictment.<\/p>\n<p>Investigation in accordance with law has been ascertained: On April 28, 2014, police found and seized 4,000 DVDs titled \u201cA Hundred Years of Constitutionalism\u201d owned by the defendant Shen Yongping at Apt. 1802, No. 45 Bld., Huawei Beili, Chaoyang District, Beijing. These DVDs was identified by the Beijing Municipal Bureau of Press, Publication, Radio, Film and Television in its \u201cPublication Review and Identification Statement\u201d as illegal publications, and have subsequently been confiscated.<\/p>\n<p>The evidence affirming the facts stated above is as follows: Witness statements, documentary evidence, [authorities\u2019] evaluation statement, and statement by the defendant.<\/p>\n<p>This Procuratorate believes that defendant Shen Yongping has had weak understanding of the rule of law when he published and duplicated audio and visual products in violation of the state regulations. His behaviors disrupted the market order in a particularly serious manner that violated Article 225 (4) of the Criminal Law of the People\u2019s Republic of China. The criminal facts are clear, the evidence is credible and sufficient, and [the defendant] should be subjected to criminal prosecution for conducting illegal business operations. In accordance with Article 172 of the Criminal Procedure Law of the People\u2019s Republic of China, we hereby indict [the defendant] and ask [the court] to sentence him in accordance with the law.<\/p>\n<p>Sincerely submitted to:<\/p>\n<p>People\u2019s Court of Chaoyang District, Beijing Municipality<\/p>\n<p>People\u2019s Procuratorate of Chaoyang District, Beijing Municipality (seal)<\/p>\n<p>Deputy prosecutor: Yan Shuai<\/p>\n<p>September 2, 2014<\/p>\n<p>Attached:<\/p>\n<p>Defendant Shen Yongping is currently detained in the detention center of Chaoyang District, Beijing;<br \/>\nThere are a total of 3 volumes of litigation documents; 1 compact disc;<br \/>\n2 copies of Recommendation for Sentencing;<br \/>\n1 copy of Recommendation for Applying Simplified Trial Procedures;<br \/>\nMaterials transferred to this case: None.<\/p>\n<p>(Translated by China Change)<\/p>\n<p><a href=\"http:\/\/www.msguancha.com\/a\/lanmu4\/2014\/1024\/11108.html\">Chinese original<\/a><\/p>\n<p><a href=\"http:\/\/chinachange.org\/2014\/10\/27\/shen-yongpings-indictment\/\">For detail please visit here<\/a><\/p>\n<p>&nbsp;<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Published: October 27, 2014 Shen Yongpin &hellip; <a href=\"https:\/\/www.chinesepen.org\/english\/shen-yongpings-indictment\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":5,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mi_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[35,167,45],"tags":[1031],"views":4221,"_links":{"self":[{"href":"https:\/\/www.chinesepen.org\/english\/wp-json\/wp\/v2\/posts\/3826"}],"collection":[{"href":"https:\/\/www.chinesepen.org\/english\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.chinesepen.org\/english\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.chinesepen.org\/english\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/www.chinesepen.org\/english\/wp-json\/wp\/v2\/comments?post=3826"}],"version-history":[{"count":1,"href":"https:\/\/www.chinesepen.org\/english\/wp-json\/wp\/v2\/posts\/3826\/revisions"}],"predecessor-version":[{"id":3828,"href":"https:\/\/www.chinesepen.org\/english\/wp-json\/wp\/v2\/posts\/3826\/revisions\/3828"}],"wp:attachment":[{"href":"https:\/\/www.chinesepen.org\/english\/wp-json\/wp\/v2\/media?parent=3826"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.chinesepen.org\/english\/wp-json\/wp\/v2\/categories?post=3826"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.chinesepen.org\/english\/wp-json\/wp\/v2\/tags?post=3826"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}