As China launches new gang crackdown, lawyers fear wrongful convictions

Authorities in China have launched a fresh year-long crackdown on "gang-related crimes," but legal experts fear that such campaigns could lead to wrongful convictions, citing the case of Zeng Jianbin, a real estate developer from Mianyang, Sichuan province.

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His sentence was particularly harsh because of the organised nature of the crimes.

Zeng was initially sentenced to 20 years in prison in 2023 by the Mianyang Intermediate People's Court, which convicted him of nine offenses, including provoking trouble, illegal high-interest lending, and intentional destruction of property. The court deemed his crimes to be of an organized nature, contributing to the harsh sentence.

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But two years later, during his appeal trial at the provincial higher court, prosecutors admitted that Zeng’s case did not involve organised crime and suggested that his sentence be modified, according to a report by Chinese media outlet Caixin.

However, during his appeal trial at the provincial higher court two years later, prosecutors conceded that Zeng's case did not involve organized crime. According to a report by Chinese media outlet Caixin, prosecutors suggested modifying his sentence. They also stated that Zeng's company, the Sanhui Group, originated from legitimate business activities and was not established for criminal purposes as initially alleged.

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Zeng’s company, the Sanhui Group, grew out of legitimate business and was not established for criminal purposes as previously alleged, the prosecutors said.

In May, the higher court acknowledged the lack of sufficient evidence to support the gang-related charges and sent the case back to Mianyang for a retrial. This situation exemplifies the concerns of legal experts regarding the potential for miscarriages of justice during intensified anti-gang operations. Just ten days after the latest crackdown was announced, Chinese police reported arresting over 8,000 suspects, including individuals accused of extortion through malicious online complaints and staging fake traffic accidents.

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This is the type of case that legal experts are worried could recur, as authorities launched a fresh year-long crackdown on “gang-related crimes” last month.