The Immediate Death Sentence of Wu Ying Overturned
Released on：2016-06-12
From her pinnacle as the richest female in China at 25 years of age to a death penalty sentence a few years later, Wu Ying’s criminal case for illegal fundraising and fraud was one of King and Capital’s more challenging cases. The case even caught the attention of the then Premier of China, Wen Jiabao and developed an international audience.
Wu Ying’s story is interesting given her humble roots as a child from a peasant family in rural China to a skillful financier, raising and lending over RMB 770 million funds and delving into real estate, hotels and advertising.
On December 18, 2009, Jinhua Intermediate People's Court convicted Wu Ying of illegal fundraising and fraud, deprived her of all political rights, confiscated her personal property and sentenced her to death. On January 18, 2012, Zhejiang Provincial Higher People's Court made a final ruling, dismissed any appeal, upheld the original verdict and reported to the Supreme Court for approval.
King and Capital argued that by law, Wu Ying did not meet the necessary criteria for illegal fundraising and fraud:
-Wu Ying did not have the purpose of illegal possession
-Wu Ying did not use fraudulent methods to undertake business
-Wu Ying’s borrowing behavior could not be characterized as "illegal fund-raising"
-Wu Ying’s alleged conduct could interpreted as normal corporate behavior
-The prosecutor’s case was not supported by sufficient evidence and the criminal facts were unclear Procedural questions
On April 20, 2012 the Supreme Court upheld the judgments that Wu Ying was guilty of illegal fundraising and fraud and sentenced her to death without immediate execution and sent the case back to the Zhejiang Provincial Higher People's Court for retrial.
On May 21, 2012 the Zhejiang Provincial Higher People's Court reopened the case and made the final judgment, Wu Ying was guilty of illegal fundraising and fraud but on this instance she was sentenced to the death penalty with a two-year reprieve, deprived of political rights for life and had all her personal property confiscated.
On July 11, 2014, a final decision came down from the Zhejiang Higher People’s Court and ultimately Wu Ying received a commuted death penalty with two-year reprieve to life imprisonment.
Wu Ying’s story is interesting given her humble roots as a child from a peasant family in rural China to a skillful financier, raising and lending over RMB 770 million funds and delving into real estate, hotels and advertising.
On December 18, 2009, Jinhua Intermediate People's Court convicted Wu Ying of illegal fundraising and fraud, deprived her of all political rights, confiscated her personal property and sentenced her to death. On January 18, 2012, Zhejiang Provincial Higher People's Court made a final ruling, dismissed any appeal, upheld the original verdict and reported to the Supreme Court for approval.
King and Capital argued that by law, Wu Ying did not meet the necessary criteria for illegal fundraising and fraud:
-Wu Ying did not have the purpose of illegal possession
-Wu Ying did not use fraudulent methods to undertake business
-Wu Ying’s borrowing behavior could not be characterized as "illegal fund-raising"
-Wu Ying’s alleged conduct could interpreted as normal corporate behavior
-The prosecutor’s case was not supported by sufficient evidence and the criminal facts were unclear Procedural questions
On April 20, 2012 the Supreme Court upheld the judgments that Wu Ying was guilty of illegal fundraising and fraud and sentenced her to death without immediate execution and sent the case back to the Zhejiang Provincial Higher People's Court for retrial.
On May 21, 2012 the Zhejiang Provincial Higher People's Court reopened the case and made the final judgment, Wu Ying was guilty of illegal fundraising and fraud but on this instance she was sentenced to the death penalty with a two-year reprieve, deprived of political rights for life and had all her personal property confiscated.
On July 11, 2014, a final decision came down from the Zhejiang Higher People’s Court and ultimately Wu Ying received a commuted death penalty with two-year reprieve to life imprisonment.
