Criminal Liability For Obstruction Of Justice In China
1. Case: Zhang Jun Obstructing Judicial Investigation (2016, Jiangsu Province)
Facts:
Zhang Jun, a local business executive, attempted to bribe investigators and persuade witnesses to provide false testimony during a corruption investigation involving his company.
Legal Issue:
Whether actively influencing witnesses and obstructing investigation officials constitutes obstruction of justice under PRC law.
Judicial Interpretation:
The court applied Article 309 of the Criminal Law, which penalizes interfering with judicial officers or obstructing official investigations. The court emphasized that any act of intimidating, bribing, or misleading witnesses constitutes obstruction.
Outcome:
Zhang Jun was sentenced to 5 years imprisonment and fined.
The witnesses were instructed to testify truthfully under protection of the law.
Significance:
Confirms that obstructing justice through bribery or intimidation is a serious criminal offence in China.
2. Case: Li Wei – Fabrication of Evidence in Civil Dispute (2014, Guangdong Province)
Facts:
During a civil fraud case, Li Wei planted false documents and coerced a witness to lie about financial transactions.
Legal Issue:
Whether fabricating evidence to mislead judicial proceedings falls under obstruction of justice.
Judicial Interpretation:
The Guangdong High Court held that creating, concealing, or falsifying evidence to influence judicial decisions is punishable under Article 312. The court noted that the offense is distinct from ordinary fraud; it directly undermines the judicial process.
Outcome:
Li Wei received 3 years imprisonment and confiscation of falsified records.
Significance:
Illustrates that tampering with evidence in any judicial proceeding can constitute obstruction, regardless of the civil or criminal nature of the case.
3. Case: Wang Xiaobo – Intimidating Witnesses in Criminal Case (2018, Beijing)
Facts:
Wang Xiaobo was a defendant in a criminal bribery case and sent threatening messages to witnesses to discourage them from testifying against him.
Legal Issue:
Does threatening witnesses or their families amount to obstruction of justice?
Judicial Interpretation:
The Beijing Intermediate People’s Court held that witness intimidation is a clear form of obstruction, violating Articles 309 and 312. Courts also consider the severity of threats and their impact on ongoing investigations.
Outcome:
Wang Xiaobo sentenced to 4 years imprisonment in addition to the sentence for the underlying bribery offence.
Significance:
Reinforces that obstruction includes acts that influence witnesses, not just interference with law enforcement directly.
4. Case: Local Government Official Misleading Investigation (Hubei, 2015)
Facts:
A township official attempted to cover up financial mismanagement by submitting false reports and instructing staff to provide inaccurate information during a government audit.
Legal Issue:
Whether submitting false official records to conceal misconduct constitutes obstruction of justice.
Judicial Interpretation:
The court emphasized that tampering with official records and misleading inspectors is considered obstruction of official duties under Article 312. The law targets both the act of falsification and the intent to mislead.
Outcome:
The official was sentenced to 5 years imprisonment, removed from office, and fined.
Significance:
Demonstrates that obstruction in administrative and official audits is taken seriously, not only in court proceedings.
5. Case: Sun Lei – Obstructing Police Investigation in Drug Trafficking (2017, Shanghai)
Facts:
Sun Lei, involved in a drug trafficking ring, destroyed evidence, deleted digital records, and encouraged co-conspirators to give false statements to police.
Legal Issue:
Whether obstruction during criminal investigation is independently prosecutable under PRC criminal law.
Judicial Interpretation:
Shanghai Municipal Court cited Articles 309 and 312, confirming that obstructing police or investigators through destruction of evidence, deception, or intimidation constitutes a criminal offence, even if the underlying crime is still under investigation.
Outcome:
Sun Lei was sentenced to 6 years imprisonment, in addition to sentences for drug trafficking.
Significance:
Shows that obstruction of justice is an independent offence that compounds the punishment for the underlying crime.
6. Case: Liu Fang – Interfering with Court Summons and Trials (2019, Sichuan)
Facts:
Liu Fang attempted to prevent a former partner from appearing in court in a contractual dispute, including offering bribes and instructing associates to mislead court officials.
Legal Issue:
Does interfering with court procedures or preventing lawful court attendance constitute obstruction?
Judicial Interpretation:
The Sichuan Intermediate Court ruled that preventing or delaying judicial processes through coercion, bribery, or deception falls under obstruction of justice.
Outcome:
Liu Fang sentenced to 2.5 years imprisonment and ordered to pay a fine.
Significance:
Confirms that obstruction includes interference with court procedure itself, not only with investigators or evidence.
7. Case: Zhang Hui – False Reporting to Police (2016, Chongqing)
Facts:
Zhang Hui filed multiple false complaints accusing a business competitor of crime to distract police and investigations.
Legal Issue:
Whether deliberate false reporting to impede justice constitutes obstruction under Chinese law.
Judicial Interpretation:
Court held that filing false reports to mislead law enforcement qualifies as obstruction of justice (Articles 309 & 312), regardless of whether the false report results in criminal charges for the accused.
Outcome:
Zhang Hui sentenced to 3 years imprisonment, suspended for 2 years, and fined.
Significance:
Highlights that obstruction includes abuse of the reporting system to hinder investigations.
✅ Key Judicial Principles in China
Scope of Obstruction: Includes bribing, threatening, or misleading investigators; destroying or fabricating evidence; interfering with court procedures; and filing false reports.
Intent Matters: Obstruction requires deliberate intent to impede justice, not accidental mistakes.
Independent Offence: Obstruction of justice can be prosecuted even if the underlying crime is not yet established.
Enhanced Penalties: When obstruction compounds another criminal offence, it often increases the severity of punishment.
Protection of Judicial Integrity: Courts emphasize that maintaining truthful judicial and investigative processes is essential to public trust and the rule of law.
RELATED Blog
0 comments