Criminal Law Responses To Organized Gang Violence
1. Song Pengfei Case (Liaoning Province, 2008)
Facts:
Song Pengfei led a gang of over 20 core members, mostly ex-convicts and unemployed youths.
The gang engaged in violent extortion, monopolized local transportation routes, and illegally possessed firearms (including guns, bullets, and grenades).
In one instance, the gang killed two people and injured several others to enforce control over transport operations.
Legal Action:
Prosecutors charged Song with organizing and leading a criminal organization and murder.
The case demonstrated the threshold for a “gang of a nature” under Chinese law: organized structure, repeated violent activity, and clear leadership.
Outcome:
Song Pengfei was sentenced to death, two of his associates received life imprisonment or death with reprieve, while other members received long-term prison sentences.
Significance:
Set a precedent for the severe punishment of gang leaders and established criteria for classifying organizations as mafia-style gangs.
2. Chen Huimin Case (Jiangxi Province)
Facts:
Chen Huimin led a gang of over 100 members in rural Jiangxi for more than a decade.
The gang engaged in multiple murders, violent intimidation, and monopolization of local economic sectors.
Legal Action:
Prosecutors charged Chen with organizing and leading a gang and murder, highlighting the “protection of local bullies” campaign.
Outcome:
Chen Huimin was executed after approval by the Supreme People’s Court, while other core members received life imprisonment or long-term prison terms.
Significance:
Demonstrates zero tolerance for long-standing gang leaders who dominate local communities through violence and intimidation.
3. Liu Han Case (Sichuan Province)
Facts:
Liu Han, a wealthy businessman, secretly organized a mafia-style gang involved in murder, extortion, illegal gambling, and firearms trafficking.
The gang maintained a strict hierarchical structure, and Liu Han personally directed violent activities.
Legal Action:
Prosecutors combined charges of organizing a criminal gang, murder, illegal possession of firearms, and business fraud.
Outcome:
Liu Han and four top lieutenants were executed, while other members received life sentences or long-term imprisonment.
Significance:
This case illustrates that even high-profile businessmen are not exempt from prosecution if they organize violent gangs, reinforcing the principle that wealth or social position does not shield from criminal liability.
4. Ming Guoping Syndicate Case (Cross-Border, Myanmar)
Facts:
Ming Guoping led a transnational gang targeting Chinese citizens with illegal gambling, telecom fraud, drug trafficking, and prostitution.
The gang had over 30 compounds, thousands of members, and used violence to enforce control over victims.
Legal Action:
Chinese prosecutors exercised jurisdiction due to crimes targeting Chinese citizens and charged Ming and associates with organized crime, fraud, and murder.
Outcome:
Eleven ringleaders received death sentences, while others received suspended death sentences, life imprisonment, or long-term imprisonment. Property was confiscated.
Significance:
Highlights the application of Chinese law to gangs operating abroad and demonstrates how criminal liability extends to cross-border organized crime targeting Chinese citizens.
5. Chongqing Underground Casino Gangs (2009–2010)
Facts:
Several gangs in Chongqing, led by Chen Zhiyi and Deng Yuping, ran underground casinos, extorted local businesses, and monopolized regional industries.
Gang members engaged in repeated acts of violence, including assault and intimidation of competitors.
Legal Action:
Charges included organizing and leading a gang, illegal gambling operations, and intentional injury.
Outcome:
The main gang leaders were sentenced to death or life imprisonment, while mid-level members received 10–20 years imprisonment along with asset forfeiture.
Significance:
Illustrates how organized crime often intersects with illegal business operations, and how courts impose combined punishments (prison + fines + asset confiscation).
6. Zhang Yong Gang Case (Guangdong Province, 2012)
Facts:
Zhang Yong led a gang involved in illegal mining, extortion, and violent enforcement of territory in rural Guangdong.
The gang intimidated local villagers and used firearms to settle disputes over illegal mining claims.
Legal Action:
Prosecutors charged Zhang with organizing a criminal organization, illegal possession of firearms, and intentional injury.
Outcome:
Zhang was sentenced to death with reprieve, two lieutenants received life imprisonment, and remaining members received 5–15 years.
Significance:
Demonstrates that even geographically isolated rural gangs fall under organized crime statutes when they show hierarchy and repeated violence.
7. Sun Weiguo Gang Case (Henan Province, 2015)
Facts:
Sun Weiguo led a gang involved in robbery, fraud, and repeated violent assaults.
The gang operated systematically with assigned roles: enforcement, finance, and intelligence.
Legal Action:
Prosecutors charged Sun and core members with organizing a gang and robbery with violence.
Outcome:
Sun received life imprisonment, while mid-level members received 10–20 years, and junior members 3–7 years.
Significance:
Highlights the scaling of punishment based on role in the gang hierarchy.
Key Lessons from All Cases:
Leadership is the main determinant of criminal liability. Leaders get harsher punishments (death or life), while followers receive lighter sentences.
Repeated violent acts and organization structure are critical for classification as a “gang of a nature”.
Asset confiscation and fines accompany prison sentences to dismantle the economic base of gangs.
Cross-border applicability ensures that gangs harming Chinese citizens abroad can be prosecuted.
Campaign-style crackdowns in China target both gangs and “protective officials” who shelter organized crime.
RELATED Blog
comments