Full Text of the First-Instance Judgment of Renowned Artist Gao Shen, Who Was Sentenced to 3 Years in Prison

People's Court of Sanhe City, Hebei Province

Criminal Judgment (2025) Ji 1082 Xing Chu No. 296

Public Prosecution Organ People's Procuratorate of Sanhe City, Hebei Province.

Defendant Gao Shen, male, Han ethnicity, born on May 10, 1956 in Jinan City, Shandong Province, Citizen Identity Card Number 370105195605102119, technical secondary school education, retired personnel of Jinan Art Museum (Jinan Academy of Painting), registered residence at No. 2 Qianfoshan West Road, Lixia District, Jinan City, Shandong Province, address before arrest 7A, Baishi Jingu Yanjiao International Industrial Base (hereinafter collectively referred to as Baishi Jingu Industrial Park), Yanjiao Development Zone, Sanhe City. On August 26, 2024, because of suspicion of committing the crime of infringing on the reputation and honor of heroes and martyrs, he was criminally detained by the Sanhe City Public Security Bureau, and in the same year

on September 29, he was arrested. Currently detained in the Sanhe City Detention Center.

Defense Counsel Mo Shaoping, Attorney of Beijing Mo Shaoping Law Firm.

Defense Counsel Ma Gangquan, Attorney of Beijing Mo Shaoping Law Firm. 

The People's Procuratorate of Sanhe City, Hebei Province, with San Jian Xing Su (2025) No. 21 Indictment, accused Defendant Gao of the crime of infringing on the reputation of heroes and martyrs, and initiated public prosecution before this Court on June 10, 2025. This Court formed a collegial panel in accordance with the law, applied ordinary procedure, and held a pre-trial conference on March 24, 2026. Because this case involves personal privacy, on March 30 of the same year, a closed court session was held to hear the case. The People's Procuratorate of Sanhe City designated Procurator Li Yi to appear in court to support the public prosecution, and Defendant Gao Shen and his defense counsel Mo Shaoping and Ma Gangquan appeared in court to participate in the litigation.

Upon approval by the Langfang Municipal Intermediate People's Court and approval by the Supreme People's Court, the trial time limit of this case has been extended. The trial has now been concluded.

The People's Procuratorate of Sanhe City, Hebei Province accused that, between 2005 and 2009, Defendant Gao Shen, out of resentment toward a former national leader, colluded with others to maliciously produce a large number of sculptures that distorted and vilified the heroic image of the former national leader in his studio in Beijing's 798 Art Zone, and in the name of the "Gao Brothers", shipped them overseas for exhibition and accepted interview reports. Thereafter, Gao Shen successively transported the aforementioned sculptures to the 7A workshop of Baishi Jingu Industrial Park, Yanjiao Development Zone, Sanhe City for storage.

From 2013 to 2024, Defendant Gao Shen, in addition to colluding with others to upload graphic information containing the contents of the aforementioned sculptures to the X platform for online dissemination, also authorized others to use the sculpture images as book covers and participated in relevant award ceremonies. Up to now, the relevant information is still being widely reposted and disseminated on the Internet, which has seriously harmed the reputation of the former national leader and damaged the public interest of society.

The public prosecution organ read out and presented relevant documentary evidence, witness testimony, the defendant's confession, and other evidence to the court regarding the above-mentioned facts of the indictment. It is of the opinion that Defendant Gao Shen, by producing sculptures that distort and vilify the former national leader and disseminating them, harmed the reputation of the hero, damaged the public interest of society, that the circumstances are serious, and that the nature is particularly egregious. His behavior violated the provisions of Article 299-1 of the Criminal Law of the People's Republic of China, and he should be held criminally liable for the crime of infringing on the reputation of heroes and martyrs. It is recommended that Defendant Gao Shen be sentenced to three years of fixed-term imprisonment.

Defendant Gao Shen denied both the criminal facts and the charge alleged in the indictment, defending that the prototype of the sculpture involved was not the former national leader, and the sculpture involved did not distort or vilify; his reason for producing the sculpture involved was not resentment; he did not authorize others to use the pictures of the sculpture involved as book covers, nor did he upload graphic information containing the contents of the sculpture involved to the X platform, and his behavior does not constitute the crime of infringing on the reputation of heroes and martyrs.

The defense counsel of Defendant Gao Shen raised the following defense opinions:

1. Some of the facts charged in the indictment are unclear and the evidence is insufficient.

The number of sculptures involved as charged in the indictment is unclear; the evidence to find that Defendant Gao Shen uploaded graphic text containing the content of the sculptures involved to the X platform for online dissemination and authorized others to use pictures of the sculptures involved as book covers is insufficient; the evidence to find that the sculptures involved distorted and vilified the heroic image of the former national leader and damaged public interests is insufficient; the accusation of distorting and vilifying the heroic image of the former national leader lacks objective basis for artistic assessment, and Defendant Gao Shen confessed that the sculptures involved he created did not specifically refer to the former national leader; the electronic data obtained by the public security organ through remote inspection lacks legality and cannot be used as evidence.

2. The application of law in this case is incorrect.

The act of Defendant Gao Shen creating the sculptures involved occurred before the crime of infringing on the reputation and honor of heroes and martyrs was added. Even if it constitutes a crime, the act has exceeded the statutory limitation for prosecution under the criminal law, and the act of storing the sculptures involved occurred after the consummation of the crime, which is not a continuation of the criminal act; Defendant Gao Shen enjoys the constitutional right of freedom of literary and artistic creation and should not be found guilty of a crime; the public prosecution organ's accusation that

the sculptures involved distorted and vilified the former national leader as "infringing on the reputation of heroes and martyrs in other ways" as provided by law has no clear legal basis; the sculptures involved were only disseminated on overseas networks, and the overseas network information was not transmitted into China and caused no infringement of legal interests in real society, and the influence of the sculptures involved was limited to a small-scale art circle, which is not criminally harmful and should not be found guilty of a crime.

3. The act of Defendant Gao Shen did not reach the standard of "serious circumstances" as stipulated by law. The sentencing recommendation of the public prosecution organ is inappropriate.

Upon trial, it is found that, between 2005 and 2009, Defendant Gao Shen, to vent his personal anger, in a studio in 798 Art Zone, No. 4 Jiuxianqiao Road, Chaoyang District, Beijing, colluded with others to produce three series of sculptures named "Repentance", etc., by highlighting the prominent features of Chairman Mao Zedong and deliberately vilifying his image. Between 2010 and 2013, Gao Shen exhibited the aforementioned sculptures overseas by means of disassembled transportation out of the country or overseas reproduction. Between 2013 and 2024, Gao Shen, colluding with others, used his overseas X (formerly Twitter) platform account to continuously publicize graphic text information containing the contents of the aforementioned sculptures. Between 2023 and 2024, Gao Shen authorized others to use the sculpture pictures as book covers and participated in relevant award ceremonies. Up to now, the graphic text information of the sculptures involved is still spreading on the Internet, causing a bad influence and seriously infringing upon the reputation of Chairman Mao Zedong and damaging the public interest of society. In 2020, Gao Shen successively transported the aforementioned sculptures to the 7A workshop of Baishi Jingu Industrial Park, Yanjiao Development Zone, Sanhe City for storage. On August 26, 2024, police officers of the Sanhe City Public Security Bureau caught Gao Shen at the scene.

The above facts are verified by the following evidence, which has been presented and cross-examined in court and confirmed by this Court:

1. Witness Testimony

(1) Testimony of witness Zhao Yaliang (Gao Shen's ex-wife) proving that the sculptures involved were jointly created by Gao Shen and Gao Qiang, that 7A of Baishi Jingu Industrial Park, Yanjiao Development Zone was jointly funded and purchased by Gao Qiang and Gao Shen, and that Gao Shen attended dinners and spoke overseas.

(2) Testimonies of witnesses Gao Xin (Gao Shen's third elder brother) and Gao An (Gao Shen's second elder brother) proving the reason why Gao Shen produced the sculptures involved and Gao Shen's work experience.

2. Gao Shen's personal personnel file, certificates issued by the Jinan Art Museum (Jinan Painting Academy), explanation on the payment of Gao Shen's retirement pension, Gao Shen's bank card transactions statement, proving that Gao Shen is retired from Jinan Art Museum (Jinan Painting Academy), Gao Shen's family status and work experience, and Gao Shen's travel abroad for exhibitions.

3. House leasing materials in the courtyard of No. 4 Jiuxianqiao Road, Chaoyang District, Beijing, explanation on the purchase of Baishi Jingu Industrial Park 7A, Baishi Jingu Industrial Park 7A factory contract and related materials, related materials of Sanhe Ruiyi Commercial and Trading Co., Ltd., domestic enterprise registration form, orientation sketch and on-site photos of Baishi Jingu Industrial Park 7A, proving that Gao Shen leased a studio in 798 Art Zone, No. 4 Jiuxianqiao Road, Chaoyang District, Beijing, Gao Shen and his younger brother Gao Qiang jointly paid for the house purchase of Baishi Jingu Industrial Park 7A, registered and established Sanhe Ruiyi Commercial and Trading Co., Ltd. with this location as the domicile, and the situation of storing the sculptures involved here.

4. Sanhe City Public Security Bureau search warrant, search record, seizure decision, seizure inventory, photos of seized items, sealing decision, sealing inventory, and situation explanation, proving that the Sanhe City Public Security Bureau searched 7A of Baishi Jingu Industrial Park, Yanjiao Development Zone, Sanhe City and Unit 3, Room 101, Building 1, No. 28 Jingshiyi Road, Lixia District, Jinan City, Shandong Province, and seized the sculptures involved, books containing pictures of the sculptures involved, and other items in accordance with the law.

5. Electronic data on-site extraction record, electronic data fixing inventory, remote fixed evidence screenshots, and explanations issued by the Sanhe City Public Security Bureau on remote online extraction and fixing of evidence, and on supplementary investigation of remote extraction of Internet electronic data, proving the browsing status of the graphic and text information of the sculptures involved on the X platform, the browsing status of the graphic and text information published by Gao Shen's account involved, the dissemination of pictures of the sculptures involved on overseas networks, the exhibition of the sculptures involved overseas, and the use of pictures of the sculptures involved in relevant books.

6. Video of Gao Shen participating in the award ceremony, proving the process of Gao Shen attending the award ceremony for the pictures of the sculptures involved overseas in February 2024, receiving the award, and delivering his acceptance speech.

7. Gao Shen's entry-exit records proving his entry and exit from April 25, 2006 to June 6, 2024, which corroborates Gao Shen's participation in exhibitions.

8. Letter of appointment for evaluation, electronic material evidence examination report of the Material Evidence Evaluation Center of Langfang City Public Security Bureau, notification of evaluation opinion, screenshots of mobile phone evidence fixing, and the situation explanation issued by the Sanhe City Public Security Bureau on the storage contents of CDs and hard disks transferred with the case, proving that pictures of the sculptures involved were extracted from Gao Shen's mobile hard disk, CDs, and other storage devices; the chat history between Gao Shen and Rong Wei extracted from Gao Shen's mobile phone corroborates the facts that Gao Shen authorized others to use pictures of the sculptures involved as book covers and participated in the award ceremony for pictures of the sculptures involved.

9. Reply letter from Beijing Douyin Technology Co., Ltd., reply explanation letter from Beijing Weimeng Chuangke Network Technology Co., Ltd. regarding the case of "Gao Shen's infringement on the reputation and honor of heroes and martyrs", Gao Shen's Douyin and Xiaohongshu platform account information, and situation explanation issued by Sanhe City Public Security Bureau, proving that the registered mobile phone number of Gao Shen's Douyin and Xiaohongshu platform accounts is the mobile phone number used by Gao Shen, and some of the pictures published by the Douyin platform account are identical to those published by the X platform account involved.

10. Case acceptance registration form and case filing decision proving that, on August 17, 2024, the Sanhe City Public Security Bureau received clues from a transferred case and filed a criminal case against Gao Shen on the same day for suspicion of committing the crime of infringing on the reputation and honor of heroes and martyrs.

11. Process of capture proving that, on August 26, 2024, police officers of the Sanhe City Public Security Bureau captured Gao Shen and brought him to justice at 7A of Baishi Jingu Industrial Park, Yanjiao Development Zone, Sanhe City.

12. Explanation on inquiry of illegal and criminal records, proving that Gao Shen has no prior criminal record.

13. National basic population information and registered residence information, proving Gao Shen's identity status.

14. Confession of Defendant Gao during the investigation phase regarding his family status and the process of making the sculptures involved, confirming that the prototype of the sculptures involved was a person played by a certain special actor, as well as the sculptures involved being exhibited overseas, his acceptance of media interviews, and his use of the X platform account.

Identification record and identification photos, proving that Gao Shen identified the sculptures involved.

The defense counsel of Defendant Gao Shen presented the following evidentiary materials in court:

1. Written certificate of Rong Wei, Hague Apostille certificate, Chinese translation, and mailing express envelope. Intended to prove that Gao Shen did not authorize others to use pictures of the sculptures involved as book covers.

2. Written opinions issued by Dao Zi and others, written opinion issued by Zhu Qi, written opinion issued by Liu Peng, and mailing express envelopes. Intended to prove that from a professional artist's perspective, the sculptures involved did not distort or vilify the former national leader.

3. Declaration published by Gao Qiang on the X platform and remote extraction of electronic data records. Intended to prove that Gao Shen did not disseminate graphic text information containing the content of the sculptures involved on the X platform.

Upon investigation, the written certificate of Rong Wei provided by the defense counsel is contradictory to other evidence in the case, and the objectivity and truthfulness of its content are difficult to verify; the written materials issued by Dao Zi, Liu Peng, Zhu Qi, and others are of comments and reviews, and do not conform to the forms of evidence stipulated in the Criminal Procedure Law; the declaration published by Gao Qiang on the X platform is contradictory to evidence such as the electronic data and evaluation opinions in this case, and cannot be verified. Therefore, the above evidence submitted by the defense counsel is not admitted in accordance with the law.

Regarding the defense and defense opinions raised by Defendant Gao Shen and his defense counsel, based on the facts and evidence found during the trial, and in accordance with the provisions of the law, this Court makes a comprehensive evaluation as follows:

1. Regarding whether the sculptures involved distorted and vilified the image of Chairman Mao Zedong and the issue of quantity. Upon investigation, according to the photos of seized items and identification photos, the appearance and morphology of the sculptures involved contain the image elements and prominent features of Chairman Mao Zedong, which are sufficient to identify and point to Chairman Mao Zedong based on the sculptures involved; according to Defendant Gao's confession, testimonies of witnesses Gao Xin and Gao An, photos of the arrangement of the sculptures involved during overseas exhibitions, themes of books using the sculpture photos as covers, and Gao's acceptance speech at the award ceremony, it is sufficient to prove that the sculptures involved seriously distorted and vilified the image of Chairman Mao Zedong. Gao Shen's defense that the prototype of the sculpture was the special actor himself is inconsistent with the found facts, and this Court does not adopt it. It is further found that the sculptures involved belong to three series, and the quantity of finished and semi-finished products is large, which, combined with the evidence in the case, is sufficient to prove the facts charged in the indictment. Therefore, this Court does not adopt the defense opinion raised by the defense counsel that the number of sculptures involved as charged in the indictment is unclear.

2. Regarding whether Defendant Gao Shen uploaded graphic text information containing the content of the sculptures involved to the X platform for online dissemination and the legality of related electronic data. Upon investigation, evidence such as the electronic data on-site extraction record, fixing inventory, and remote fixed evidence screenshots were extracted online through networks by the investigation organ in accordance with the law. The extraction procedure is legal and the content is objective and true. This Court does not adopt the defense opinion of the defense counsel that the electronic data obtained by the public security organ through remote inspection lacks legality and cannot be used as evidence. Evidence such as electronic data, electronic physical evidence, and inspection reports prove that on February 17, 2021 and October 23, 2022, part of the content published on the X platform account was identical to part of the content published by Gao Shen on Douyin and Xiaohongshu platforms, and Gao Shen was able to log in and use the X platform account freely. On May 1, 2023, the content containing the pictures of the sculptures involved published on the X platform account was identical to the content published by Gao on the WeChat platform; the information extracted from Gao's mobile phone, hard disk, and other devices also corresponds to the information published by the X platform account. Therefore, existing evidence can prove that Defendant Gao Shen uploaded graphic text information containing the content of the sculptures involved to the X platform for online dissemination. This Court does not adopt Gao Shen's defense that he did not upload graphic text information containing the content of the sculptures involved to the X platform, nor the defense counsel's defense opinion that the evidence to find that Gao Shen uploaded graphic text containing the content of the sculptures involved to the X platform for online dissemination is insufficient.

3. Regarding whether Defendant Gao Shen authorized others to use pictures of the sculptures involved as book covers. Upon investigation, Gao Shen's chat history with Rong Wei and the video of Gao Shen participating in the award ceremony prove that Gao Shen agreed to Rong Wei's use of pictures of the sculptures involved as book covers, and attended the relevant award ceremony in February 2024 to receive the award certificate and deliver his acceptance speech. This is sufficient to prove that Gao Shen committed the act of authorizing others to use pictures of the sculptures involved as book covers. This Court does not adopt the defense and defense opinions.

4. Regarding whether Defendant Gao Shen constitutes the crime of infringing on the reputation of heroes and martyrs.

Upon investigation, since the implementation of the Amendment (XI) to the Criminal Law of the People's Republic of China, Gao Shen uploaded graphic text information containing the content of the sculptures involved to the X platform, and authorized others to use pictures of the sculptures involved as book covers. His acts of producing and disseminating the sculptures involved are continuous and belong to the continuation of criminal acts. Therefore, this Court does not adopt the defense opinion of the defense counsel that this case has exceeded the statutory limitation for prosecution. As of August 21, 2024, the graphic texts containing the sculptures involved in Gao Shen's X platform account were commented on 46 times, forwarded 178 times, and liked 485 times in total; as of September 17, 2024, the pictures and video views of the sculptures involved on the X platform and YouTube platform totaled 3,099 times; from March 1, 2021 to August 25, 2024, pictures of the sculptures involved were disseminated on 227 websites in total. The content, means, and effects of Gao Shen's dissemination of the graphic texts of the sculptures involved are sufficient to infringe upon the reputation of Chairman Mao Zedong. The information of the sculptures involved has been disseminated widely and for a long time, causing a bad social influence and damaging the public interest of society, which belongs to "serious circumstances" and conforms to the provisions of Article 299-1 of the Criminal Law of the People's Republic of China and Article 2 of the Opinions of the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security on Punishing Illegal and Criminal Acts of Infringing on the Reputation and Honor of Heroes and Martyrs in Accordance with the Law. The act of Defendant Gao Shen constitutes the crime of infringing on the reputation of heroes and martyrs. In addition, Defendant Gao Shen produced sculptures that distorted and vilified the image of Chairman Mao Zedong and disseminated them. Gao Shen's creative acts have exceeded the normal scope of art. Therefore, this Court does not adopt the relevant opinions of Gao Shen and his defense counsel.

This Court is of the opinion that Defendant Gao Shen, by producing vilifying and distorting sculptures, insulted the hero and disseminated graphic text information of the sculptures, thereby infringing on the reputation of the hero, damaging the public interest of society, and since the act lasted for a long time and the information was widely disseminated under serious circumstances, his behavior has constituted the crime of infringing on the reputation of heroes and martyrs. The charge accused by the public prosecution organ is established, and this Court supports it.

The criminal behavior of Defendant Gao Shen has extremely bad social impact, and the sentencing recommendation of the public prosecution organ is appropriate, which this Court adopts. In summary, based on the facts, nature, circumstances of the crime of Defendant Gao Shen and the degree of harm to society, and in accordance with the provisions of Article 299-1, Article 61, Article 45, Article 47, and Article 64 of the Criminal Law of the People's Republic of China, the judgment is as follows:

I. Defendant Gao Shen is convicted of the crime of infringing on the reputation of heroes and martyrs and is sentenced to three years of fixed-term imprisonment. (The term of imprisonment shall be calculated from the date on which the judgment is executed. If detained before the execution of the judgment, one day of detention shall offset one day of the term of imprisonment, i.e., from August 26, 2024 to August 25, 2027.)

II. The seized contraband and personal property used for committing the crime shall be confiscated in accordance with the law; other seized items shall be handled by the seizing organ in accordance with the law.

If unsatisfied with this judgment, an appeal may be filed through this Court or directly to the Langfang Intermediate People's Court of Hebei Province within ten days from the day following the receipt of the judgment. For a written appeal, one original and five copies of the petition for appeal shall be submitted.

Presiding Judge Shi Shaolin

Judge Yang Feng

Judge Zhou Tianlong

Sanhe City People's Court

August 21, 2026

This copy has been verified to be identical with the original

Assistant Judge  Yang Sen

Court Clerk  Jing Xuerong