{"id":44949,"date":"2025-03-03T00:28:25","date_gmt":"2025-03-03T05:28:25","guid":{"rendered":"https:\/\/newssprinters.com\/index.php\/world\/chinas-vow-of-leniency-in-plea-deals-erodes-rights-to-fair-trial\/03\/03\/2025\/"},"modified":"2025-03-03T00:28:25","modified_gmt":"2025-03-03T05:28:25","slug":"chinas-vow-of-leniency-in-plea-deals-erodes-rights-to-fair-trial","status":"publish","type":"post","link":"https:\/\/newssprinters.com\/index.php\/world\/chinas-vow-of-leniency-in-plea-deals-erodes-rights-to-fair-trial\/03\/03\/2025\/","title":{"rendered":"China\u2019s Vow of \u2018Leniency\u2019 in Plea Deals Erodes Rights to Fair Trial"},"content":{"rendered":"<p>\n<\/p>\n<div data-testid=\"companionColumn-0\">\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">When Son Jun-ho, a key midfielder for South Korea\u2019s World Cup soccer team, signed with a Chinese club, he was an indication of China\u2019s ambition to dominate the world\u2019s most popular sport.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">But after Chinese police officers detained him two years later, accusing him of bribery and match-fixing, he became a symbol of a different sort: the ruthless efficiency of China\u2019s legal system.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Mr. Son had insisted to his interrogators that he was innocent. He asked for a lawyer, but the police told him, through a Korean translator, that one was unnecessary. The police threatened to bring his wife in and asked how his children would fare if both parents were detained.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">After months in detention, he was offered a deal in which he was promised a lighter punishment in return for signing an admission of guilt. He took it.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div data-testid=\"companionColumn-1\">\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">It was a move he would later regret, saying that he had signed only under duress. \u201cFear overtook me, and without fully understanding the charges, I confessed, hoping to return to my family,\u201d Mr. Son told reporters at a news conference in South Korea, fighting back tears. \u201cIt was a na\u00efve mistake.\u201d<\/p>\n<p class=\"css-at9mc1 evys1bk0\">The arrangement Mr. Son was offered, known as plea leniency in China, is a legal tactic that scholars say has further eroded the rights of the accused in a judicial system that has long been stacked against them.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">The courts and police in China answer to the Communist Party and the conviction rate is more than 99 percent. Still, the party has tried in recent years to create a more equitable justice system, including by introducing the \u201cplea leniency\u201d system.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">That system has now transformed how justice is carried out in China by enabling the authorities to process cases more quickly. But it has also made the system less fair, lawyers and experts say, by giving prosecutors more power to determine who gets punished and for how long.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">In the last few years, as Xi Jinping, China\u2019s top leader, has waged crackdowns on corruption across society, the plea tactic has become a critical tool used by prosecutors. It has been used in investigations into officials, the military, the financial industry, and, as in Mr. Son\u2019s case, sports, as well as in campaigns to stamp out organized crime and so-called evil forces.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div data-testid=\"companionColumn-2\">\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">\u201cPlea leniency is being practiced in a disturbing way,\u201d said Pu Zhiqiang, a former human rights lawyer in Beijing who was disbarred in 2016 for \u201cprovoking trouble\u201d for criticizing Chinese officials. \u201cThreats used during interrogations, sleep deprivation, nobody regulates the process.\u201d<\/p>\n<h2 class=\"css-13o6u42 eoo0vm40\" id=\"link-3f808694\">A Black Box<\/h2>\n<p class=\"css-at9mc1 evys1bk0\">Mr. Son\u2019s detention in 2023 was part of a broader nationwide anti-corruption campaign in soccer. Many high-ranking officials have been ensnared, including the former president of the Chinese Football Association, who was sentenced to life last year for accepting bribes.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">The authorities announced in September that a two-year investigation had uncovered gambling and match fixing involving 120 matches and 41 football clubs. Mr. Son was among 43 players and officials China said would be banned from the sport for life.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Many details about the investigation have not been made public, and the question of his innocence may not immediately be resolved. But Mr. Son\u2019s account provided a glimpse into how individuals accused of crimes can be pressured into accepting plea agreements. It also gave a sense of how prosecutors use guilty pleas obtained this way to build bigger cases against other suspects \u2014 in this case, his teammate, Jin Jingdao.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Mr. Son told reporters he thought the document he had signed, which was in Chinese, was acknowledging that he had received a payment of about $28,000 from Mr. Jin. Mr. Son said that there was nothing illegal about the payment, describing it as a normal financial transaction between friends.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div data-testid=\"companionColumn-3\">\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">Mr. Son had been detained in a cell in the northeastern city of Shenyang with 20 other people for nearly a year, he told reporters. \u201cEveryday felt like hell because I didn\u2019t know when I\u2019d be released.\u201d It was only after he signed that document, in March last year, he said, that he was allowed to return to South Korea.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">He later learned that Mr. Jin had confessed to match fixing and that the document Mr. Son had signed would be used as proof he had received a bribe from Mr. Jin to throw a game in 2022. Mr. Jin was later also banned for life.<\/p>\n<h2 class=\"css-13o6u42 eoo0vm40\" id=\"link-503722eb\">Concerns About Coercion<\/h2>\n<p class=\"css-at9mc1 evys1bk0\">When China introduced the plea leniency system in 2018, it was hailed as a major advancement in fairness that would allow those who admitted guilt voluntarily to be granted a \u201clenient\u201d punishment.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">The aim was also to streamline a judicial system grappling with a caseload that has surged over recent decades. Leniency deals can be offered to suspected offenders even before any formal charges are filed. They now account for about 90 percent of convictions.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">But lawyers and experts say suspects are often misled into making false confessions. Even <a class=\"css-yywogo\" href=\"https:\/\/www.spp.gov.cn\/xwfbh\/wsfbt\/202406\/t20240613_656853.shtml#2\" title=\"\" rel=\"noopener\" target=\"_blank\">the top prosecutor\u2019s office<\/a> recently signaled a need for caution, saying plea deals should be examined for signs of coercion.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div data-testid=\"companionColumn-4\">\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">In recent interviews with Chinese media, judges raised concerns that the courts were merely rubber-stamping plea leniency deals without studying them closely. Law professors have questioned whether quotas imposed on prosecutors were creating incentives for them to strike deals hastily.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Xi Wei, a law professor at Anhui Normal University in central China, in researching this practice, <a class=\"css-yywogo\" href=\"http:\/\/www.socio-legal.sjtu.edu.cn\/wxzy\/info.aspx?itemid=4424&amp;lcid=29\" title=\"\" rel=\"noopener\" target=\"_blank\">found 226 cases<\/a> in which defendants had pleaded guilty but authorities later discovered errors and inappropriate sentences.<\/p>\n<h2 class=\"css-13o6u42 eoo0vm40\" id=\"link-18f8479c\">A Powerful Tool for Shakedowns<\/h2>\n<p class=\"css-at9mc1 evys1bk0\">Defense lawyers say that plea deals are also being used to railroad entrepreneurs and go after their assets, especially as China\u2019s economy continues to struggle.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">In the southwestern Chinese city of Mianyang, which has been hit by a housing downturn, the authorities in 2021 detained Zeng Jianbin, a property developer, along with his employees. Local police called them gang members and asked the public to submit evidence of crimes to prove their assertion.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">The local government went after Mr. Zeng and his company\u2019s assets, seizing acres of land, hundreds of apartments, and dozens of cars. His company had paid an $83 million deposit for a plot of land auctioned by the city. Officials took the land back and auctioned it off again.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div data-testid=\"companionColumn-5\">\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">Before the trial of Mr. Zeng and his associates started in May 2023, 14 employees \u2014 accountants, managers, staff and guards \u2014 confessed. But during the trial, those confessions started to unravel.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Some employees said they didn\u2019t understand the charges and only confessed in the hope of being released, according to a trial transcript posted online. Another employee was illiterate and could not read what he had signed.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Yet the judge accepted the plea deals and sentenced all 14 employees to prison.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Those convictions then provided the foundation for the prosecutors\u2019 case against Mr. Zeng, who was charged with leading a gang, among other charges. He denied all the charges, accusing prosecutors of using false confessions as evidence against him.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">\u201cThis confuses right and wrong, and it makes something out of nothing,\u201d he said, according to the transcript. \u201cThese charges are not based in fact.\u201d<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Chen Siyu, Mr. Zeng\u2019s wife, shared details of her husband\u2019s ordeal on social media and with reporters. She was detained for two years for \u201cposting false information online\u201d and on suspicion of money laundering, and was only released in December. <\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div data-testid=\"companionColumn-6\">\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">Mr. Zeng was found guilty on almost all charges, and he was sentenced to 20 years in prison.<\/p>\n<h2 class=\"css-13o6u42 eoo0vm40\" id=\"link-6ee67e35\">Speaking Out<\/h2>\n<p class=\"css-at9mc1 evys1bk0\">Mr. Son, the South Korean soccer player, said he decided to give his side of the story after the Chinese Football Association handed him the lifetime ban in September and referred the matter to soccer\u2019s governing body, FIFA.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">In January, FIFA informed South Korea\u2019s football association that it was rejecting China\u2019s request for a lifetime ban. A FIFA spokesman did not disclose why the organization turned down China\u2019s request, but it is unusual for the international body to go against the ruling of a domestic association on such a serious allegation.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Through his agent, Mr. Son declined to be interviewed. At the news conference, he said he believed that an audio recording of his interrogation exists and that the recording would exonerate him.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">When asked about Mr. Son, China\u2019s foreign ministry said the matter was closed because the player had \u201cadmitted guilt and accepted punishment.\u201d<\/p>\n<p class=\"css-798hid etfikam0\">Haemin Kwak contributed research.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<p><a href=\"https:\/\/www.nytimes.com\/2025\/03\/03\/world\/asia\/china-leniency-justice.html\" target=\"_blank\" rel=\"noopener nofollow\">Source link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>When Son Jun-ho, a key midfielder for South Korea&rsquo;s World Cup soccer team, signed with a Chinese club, he was an indication<br \/><button class=\"read-more\"><a href=\"https:\/\/newssprinters.com\/index.php\/world\/chinas-vow-of-leniency-in-plea-deals-erodes-rights-to-fair-trial\/03\/03\/2025\/\">Read More &rsaquo;<\/a><\/button><\/p>\n","protected":false},"author":1,"featured_media":44951,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_seopress_robots_primary_cat":"","_seopress_titles_title":"","_seopress_titles_desc":"","_seopress_robots_index":"","footnotes":""},"categories":[2],"tags":[],"_links":{"self":[{"href":"https:\/\/newssprinters.com\/index.php\/wp-json\/wp\/v2\/posts\/44949"}],"collection":[{"href":"https:\/\/newssprinters.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/newssprinters.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/newssprinters.com\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/newssprinters.com\/index.php\/wp-json\/wp\/v2\/comments?post=44949"}],"version-history":[{"count":0,"href":"https:\/\/newssprinters.com\/index.php\/wp-json\/wp\/v2\/posts\/44949\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/newssprinters.com\/index.php\/wp-json\/wp\/v2\/media\/44951"}],"wp:attachment":[{"href":"https:\/\/newssprinters.com\/index.php\/wp-json\/wp\/v2\/media?parent=44949"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/newssprinters.com\/index.php\/wp-json\/wp\/v2\/categories?post=44949"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/newssprinters.com\/index.php\/wp-json\/wp\/v2\/tags?post=44949"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}