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Suspected of defrauding thousands of people, with a total amount of 1.36 billion yuan, the police made cross-provincial arrests...Recently, a public prosecution case involving a domestic health management company suspected of fraud was opened for trial in the Zhengzhou Intermediate People's Court.

In September 2022, the legal representative and main employees of the company involved, Ruide Qingchun (Zhuhai) Health Management Company (hereinafter referred to as "Ruide Qingchun"), totaling 25 people, were arrested by Zhengzhou police and later prosecuted by the Zhengzhou People's Procuratorate for suspected fraud. The prosecution alleged that from early 2018 to September 2022, the company was suspected of fabricating "high-end" equipment names, diagnostic and treatment effects, modifying test reports, etc., defrauding thousands of victims, involving an amount of about 1.36 billion yuan. On August 13, 2024, once the case was heard, it attracted public attention on the Internet.

During the trial, a blogger posted online that a suspect complained during the trial that the police in the case had tortured him during the investigation phase, handcuffed and shackled him, and beat him during the designated residence period. According to the blogger's revelation, the reporter contacted a family member of the defendant, who was also an audience member of the case. He said that some defendants did say during the trial that they were all handcuffed and shackled by the police during the designated residence period. "In court, some defendants accused the Zhengzhou police of violent and humiliating treatment during the interrogation."

A health management company was involved in a fraud case involving 1.36 billion yuan

Public information shows that Reed Youth Company was established on November 27, 2017, with its registered address at Zhuhai Center Building, No. 1663 Yinwan Road, Wanchai, Zhuhai City. Its business scope includes health management, health consultation, medical services, beauty services, etc.

The picture comes from the Internet

According to the indictment of the Zhengzhou Municipal People's Procuratorate, the company involved launched "Re-Youth Package" and "Private Customized Package" and other health treatment projects with a value ranging from 99,800 yuan to 998,000 yuan from the beginning of 2018 to September 2022. There are suspected fabrications of "high-end" equipment names and treatment effects, and by tampering with or maliciously interpreting test reports, etc., specifically selecting older middle-aged and elderly women with more top-ups as fraud targets, defrauding victims to buy the so-called "big health" package, suspected of defrauding thousands of victims, and defrauding victims of a net prepayment of about 1.36 billion yuan. The actual controller of the company, Zhuang Moumou, was arrested by the Zhengdong Branch of the Zhengzhou Municipal Public Security Bureau on January 2, 2023 for suspected fraud, and 24 employees were also arrested by the Zhengdong Branch. In December 2023, Zhuang Moumou and a total of 25 main employees were prosecuted by the Zhengzhou Municipal People's Procuratorate for suspected fraud. On August 13, 2024, the case was heard in the Zhengzhou Intermediate People's Court.

Regarding this case, the New Yellow River reporter contacted one of the defense lawyers of the company involved. The lawyer believed that the accusations were not true. Red Youth did not fabricate the efficacy of the instruments, tamper with customer test reports, or maliciously interpret reports to induce customers to purchase package services. The relevant person in charge of Red Youth also disagreed with the above accusations. "The instruments used by Red Youth were purchased normally, and the supplier had the corresponding medical device sales qualifications. The efficacy of the instruments was informed by the company. As for the situation where some employees modified the test reports, the company was unaware from the beginning to the end."

During the trial, some netizens broke the news that some defendants were tortured by the police.

As the case continues to be heard, more and more details are revealed. On August 20, a blogger broke the news online that during the trial, a defense lawyer pointed out in court that the Zhengzhou Municipal Public Security Bureau had used designated residence to control many people involved in the case with handcuffs and shackles for at least half a year, and that the police had beaten them. As soon as the post was published, it quickly sparked heated discussions online.

The post shows that from September 23, 2022 to January 3, 2023, more than 20 suspects involved in the Red Youth case were taken from Zhuhai to a villa in Zhengzhou by the Zhengzhou Public Security Bureau and detained in the name of designated residence. According to the parties involved, at least more than 100 people were detained in the two-story building in the villa. In court, a party pointed out that the male residents were locked in a room by the Zhengzhou police in a group of more than ten people, all wearing handcuffs and shackles. When they slept at night, they were strung together and locked with an iron chain as thick as a little finger. There was no bed in the room, but three mattresses were placed, and three or four people squeezed on one mattress. The parties reported that after being locked up with iron chains like this, they could not go to the toilet at night. In order not to go to the toilet at night, they tried to eat and drink less. The female accusers were also shackled for five or six days. Most of the female accusers had their ankles rubbed by the shackles and could only use toilet paper to stop the bleeding. After the female accusers protested strongly, the shackles were removed. The post also revealed that this was not the whole problem. Another person said that in the Zhengdong Branch of the Zhengzhou Public Security Bureau, the police ordered them to crawl on the ground and kicked their chins.

Public information shows that designated residence is a form of residential surveillance. According to Article 73 of the Criminal Procedure Law of the People's Republic of China, residential surveillance shall be carried out at the residence of the criminal suspect or defendant; if there is no fixed residence, it can be carried out at a designated residence. For suspected crimes endangering national security, terrorist crimes, and particularly serious bribery crimes, if carrying out the residence may hinder the investigation, it may also be carried out at a designated residence with the approval of the People's Procuratorate or public security organ at the next higher level. However, it shall not be carried out in a detention place or a special case handling place.

According to the blogger's revelations, the reporter contacted Mr. Liu, a family member of the defendant, who was also an audience member of the case. Mr. Liu said that the online revelations were basically consistent with what the defendants said in court. Indeed, some defendants said during the trial that they were all handcuffed and shackled by the police during their designated residence. "In court, some defendants also explained that they were treated violently and humiliated by the Zhengzhou police during the interrogation at the Public Security Bureau." As for whether there was forced confession, the other party was unwilling to say more.

On August 22, another spectator told the New Yellow River reporter that during the trial on the 20th, a defendant claimed that in November 2022, he was tortured by several police officers from the Zhengdong New District Public Security Bureau in the villa by slapping his face and head. "A female defendant complained in court that after wearing shackles for three or four days, her feet were worn out, and she cried to the nurse, and the police untied them." said the spectator.

After investigation, it was found that he was wearing handcuffs and shackles, but it could not be confirmed that he was the defendant in the case.

"In response to the defense lawyer's complaint, the prosecutor also read out the investigation letter in court on the 23rd." A person who attended the trial on August 23 recalled that the prosecutor said that there were many people under residential surveillance in the villa, with a maximum of more than 100 people, including Zhuang and Lu, who reported being handcuffed and shackled by the Zhengzhou police. After investigation, it can be determined that during the period when the Zhengdong Branch set up the designated residential surveillance in the villa, there were cases of people under residential surveillance wearing handcuffs and shackles. However, according to the investigation, there is no evidence to prove that Zhuang, Lu and others were handcuffed and shackled during their residential surveillance in the villa.

"The prosecutor stated in court that the personnel executing residential surveillance at the Zhengdong Branch stated that the use of handcuffs, shackles and other police equipment was rare during the period of residential surveillance. This was due to the limited number of places for residential surveillance and limited caregivers. To ensure safety, handcuffs and shackles were only used when there were safety hazards such as self-harm, escape, and disobedience. Because there were many criminal suspects under residential surveillance, they could not remember whether handcuffs and shackles were used on Zhuang Moumou, Lu Moumou and others." The audience member stated that the prosecutor said that the original surveillance video in the villa had been overwritten due to the passage of time and could not be retrieved.

"The prosecutor said in court that the auxiliary police officer of the Zhengdong Branch who was engaged in care work at the villa said that some designated residents under residential surveillance wore handcuffs at the surveillance residence, and some people had wrist allergies and skin abrasions, but they said they had no impression of whether they wore shackles. Because it has been a long time, they can't remember the specific names of the people under residential surveillance wearing handcuffs." The audience said that the two security doctors in the villa also said that there were people under designated residential surveillance wearing handcuffs and shackles at the surveillance residence, and some people had wrist abrasions and allergies, but they couldn't confirm it because they didn't know the names of the people under residential surveillance. The villa cleaning staff also said that people under designated residential surveillance wore handcuffs and shackles, but they didn't know the specific people.

Regarding the information leaked online and by the audience, on August 23, the New Yellow River reporter contacted the Zhengdong New District Public Security Bureau by phone. The staff responded that they did not know about the matter. The reporter then called the Zhengzhou Municipal Public Security Bureau, but did not receive an effective response. On August 26, the reporter called the Zhengzhou Municipal Procuratorate, but also did not receive an effective response.

Regarding the question of whether restraints can be used in designated residential surveillance, Yin Qingli, director of Beijing Fuli Law Firm, believes that Article 116 of the Criminal Procedure Rules of the People's Procuratorate and Article 112 of the Procedures for Handling Criminal Cases by Public Security Organs stipulate that the designated residence must meet the conditions of having normal living and resting conditions, being convenient for surveillance and management, and ensuring safety. The method of using restraints obviously does not meet the conditions of normal living and resting, and cannot ensure safety, but is seriously dangerous. Regarding the application of police equipment or restraints, the Regulations on the Use of Police Equipment and Weapons by People's Police and the Regulations on Detention Houses stipulate that the use of police equipment or restraints should be based on the principle of stopping illegal and criminal acts and reducing casualties and property losses. Any use of so-called substitute or disguised detention as a measure is illegal use. In addition, the use of police equipment or restraints should strictly comply with the approval procedures, and it is strictly forbidden for case handlers to use them privately and in violation of regulations. In practice, if the investigative agency uses restraints against criminal suspects illegally, it is a typical duty-related violation. If the circumstances are serious or cause major property losses, the responsible personnel may constitute duty-related crimes such as abuse of power.