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As China launches new gang crackdown, lawyers fear wrongful convictions

During a crackdown on organised crime, Zeng Jianbin, a real estate developer in Mianyang, southwestern China’s Sichuan province, was sentenced to 20 years in prison for being a “gang leader”. In 2023, the Mianyang Intermediate People’s Court convicted Zeng of nine offences, including provoking trouble, illegal lending at high interest and intentional destruction of property. His sentence was…

As China launches new gang crackdown, lawyers fear wrongful convictions

As China intensifies its crackdown on organised crime, legal experts express concern over potential wrongful convictions. Zeng Jianbin, a real estate developer in Mianyang, southwestern China's Sichuan province, faced a 20-year prison sentence for allegedly leading a gang. In 2023, the Mianyang Intermediate People’s Court convicted him of nine offences, including provocation, illegal lending, and property destruction.

However, during his appeal trial two years later, prosecutors admitted the case did not involve organised crime and proposed a sentence reduction. The higher court then sent the case back to Mianyang for a retrial, citing insufficient evidence to deem it gang-related. This new crackdown, launched last month, has already led to the arrest of over 8,000 suspects, with many accused of falsely reporting online shop issues or staging fake traffic accidents.

China's anti-organised crime campaign dates back to the 2000s, but it gained momentum in 2018 when officials called for a systematic "elimination" of gangs and their protective figures. The 2018 campaign reportedly led to the dismantling of 3,584 gangs and the investigation of 81,400 cases of corruption and official collusion. Some legal experts warn that during these special crackdowns, improper handling of cases can occur to meet quotas.

Guo Rui, a criminal lawyer, noted instances where real estate developers, jade market founders, and village officials were charged with gang-related crimes. She highlighted the use of civil disputes, torture, and coerced confessions to label cases as gang-related. Legal experts argue that the new crackdown could lead to an increase in cases, with limited room for defence due to the "gang-related" label.

Additionally, there is a risk of profit-driven enforcement, such as asset seizures to force confessions. Authorities stress that the crackdown will strictly follow the law and evidence-based procedures while safeguarding suspects' rights. Legal experts, however, call for an independent review mechanism to prevent wrongful convictions in labelled "gang-related" cases.

Written by urgent.news from South China Morning Post's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.

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