According to several mainland Chinese lawyers, prisons in mainland China are overflowing this year, with the number of people arrested in the first half of the year increasing by 18.5% and the number of convictions increasing by 8.47%. The main reason cited is the significant economic pressures faced by many, leading them to take risks. Some behaviors that may not have been considered criminal in the past are now being prosecuted, leading to a phenomenon of “criminalization of legal activities”.
As of January, the Chinese Ministry of Public Security has reported that there are over 2,300 detention centers in mainland China. Criminals who have been sentenced to less than one year of imprisonment, or have a remaining sentence of less than one year, and cannot be sent to labor reform facilities, may be supervised by detention centers.
According to the Chinese Procuratorate, in the first half of 2024, 367,000 people were arrested and 761,000 people were prosecuted, representing increases of 18.5% and 6.8% respectively compared to the same period last year. Additionally, data from the Supreme People’s Court of China shows that 788,000 defendants were sentenced by courts this year, an increase of 8.47% from the previous year.
Since July this year, several Chinese lawyers have taken to social media to highlight the overcrowding issues in detention centers.
A blogger identified as “Calm_1980”, formerly the director of “Calm Private Equity Group Limited”, posted about the overcrowding situation: “Many lawyers are saying that many people have been arrested this year, and the detention centers are full!”
Recently, several mainland Chinese lawyers, including Wang Rui from Sichuan, revealed that the detention centers are overcrowded this year and plans to expand facilities in various locations are underway. Wang Rui disclosed that during a meeting with clients, he learned that a room designed for 12 people was holding over 20 individuals. In hot weather, prisoners are forced to squeeze onto bunk beds, with some even sleeping on the floor. The cells lack air conditioning, and even electric fans are unavailable.
Why are more people being arrested? Several mainland Chinese lawyers, including Wang Rui, pointed out the following reasons:
1. Economic pressures: Due to pressures from mortgage payments, car loans, and work stress, there has been a rise in economic crimes, leading many to engage in risky behaviors in grey or black markets, such as pyramid schemes, fraud, and money laundering. Businesses facing reduced income have resorted to illegal activities like issuing fake invoices or contract fraud.
2. Criminalization of legal activities: Many lawyers have observed that behaviors that were previously not considered criminal are now being prosecuted by the authorities. For example, engaging in small-scale trading without proper qualifications or permits has resulted in convictions for illegal operations. Similarly, failure to repay debts due to financial constraints can lead to charges of fraud or contract fraud.
3. Escalation of minor offenses: Activities like foraging for vegetables in the mountains or catching small fish in rivers can now lead to arrests if individuals inadvertently violate the law. Even playing Mahjong or operating a small teahouse can result in criminal charges.
4. Anti-crime campaigns: Law enforcement agencies in various parts of China have intensified crackdowns, targeting activities such as anti-pornography, gambling, new economic crimes, and medical corruption.
However, many lawyers have noted that due to overcrowding in detention centers, the likelihood of successfully being released on bail pending trial has increased.