As China launches new gang crackdown, lawyers fear wrongful convictions

During a recent crackdown on organised crime in China, a real estate developer named Zeng Jianbin was sentenced to 20 years in prison for being a "gang leader." His conviction involved nine charges related to provoking trouble, illegal lending at high interest, and destroying property. However, two years later, during his appeal trial, prosecutors admitted their initial case was incorrect and recommended a modification to his sentence.

The Mianyang Intermediate People's Court subsequently sent the case back to Mianyang for a retrial, deeming there was insufficient evidence to classify the case as gang-related. This situation has raised concerns among legal experts who fear similar wrongful convictions may occur once again as authorities launch a fresh year-long crackdown on "gang-related crimes."

In just 10 days after the latest crackdown announcement, Chinese police reported having detained over 8,000 suspects, many accused of using malicious complaints against online shops or staging fake traffic accidents. China's fight against organised crime dates back to the 2000s, but it gained momentum in 2018 when authorities began advocating for a systematic "sweeping away" of gangs and their "protective umbrellas."

This campaign led to the dismantling of 3,584 gangs, equivalent to the total number from the previous decade, and 81,400 cases of corruption and official collusion were investigated. However, some legal experts caution that during such special crackdowns, cases may be mishandled to meet targets. Guo Rui, a criminal lawyer, observed that real estate developers, jade market founders, and even village officials have been charged with gang-related crimes during the past three years.

She expressed worry that criminal prosecution might be used for civil disputes, and noted the possibility of torture and coerced confessions to fabricate gang characteristics. The new crackdown announcement could pose significant challenges for criminal lawyers, as the number of cases would likely rise, and defense opportunities may diminish once cases are labeled "gang-related."

Authorities have insisted that the crackdown will strictly follow laws and evidence-based procedures, but Zhao Cong, a Beijing-based lawyer, urged for an independent review mechanism to safeguard suspects' and lawyers' rights, preventing wrongful convictions.