This issue explains the law by case
Qitaihe Municipal People's Procuratorate's Office for Procuratorial Application
4-level senior prosecutor Xu Di
Criminal compensation How much is
Case introduction
11992, the public security organs received a report from Fan that her husband Wang was killed. After investigation, the public security organs found that Tang had an argument with the victim Wang for digging a tap water pipe. Tang stabbed Wang in the chest and abdomen with a pig knife until he died. On April 23, 1993, the procuratorate approved the arrest on suspicion of intentional homicide. After the case was transferred for review and prosecution, it was returned to the public security organs for additional investigation due to insufficient evidence. On August 8, 1995, the public security organs changed the compulsory measures against Tang to be released on bail. The case was eventually revoked by for unclear facts and insufficient evidence. Tang was detained for 1,000 days. In 2007, Tang formally filed a state compensation application to the procuratorate on the grounds that he was wrongly detained without accusation. The procuratorate finally paid Tang 83,660.00 yuan in compensation for infringing on personal freedom.
Law link
Compensation range
"State Compensation Law of the People's Republic of China":
Article 17 [Scope of Criminal Compensation for Personal Infringement] If the organs that exercise investigation, procuratorial and trial powers, detention centers, prison management agencies and their staff have one of the following infringements of personal rights when exercising their powers, the victim has the right to obtain compensation:
(I) If a detention measure is taken against a citizen in violation of the provisions of the Criminal Procedure Law, or if the detention measures are taken against a citizen in accordance with the conditions and procedures stipulated in the Criminal Procedure Law, but the detention time exceeds the time limit stipulated in the Criminal Procedure Law, and then decide to revoke the case, not prosecute, or sentence to declare innocence and terminate criminal liability;
(II) After taking arrest measures against a citizen, it decides to withdraw the case, not prosecute or sentence to declare innocence to terminate criminal liability;
(II) Retrial and acquit according to the trial supervision procedure of , and the original sentence has been executed;
(IV) Torturing confession or forcing or instigating or instigating or instigating or indulging others to cause physical harm or death by beating or abuse;
(V) Illegal use of weapons or police equipment causes physical harm or death by causing citizens.
Article 18 [Criminal Compensation for Property Infringement] If the organs that exercise the power of investigation, procuratorial and trial, as well as detention centers, prison management agencies and their staff have any of the following infringement of property rights when exercising their powers, the victim has the right to obtain compensation:
(I) If the property is illegally seized, seized, frozen, recovered, etc.;
(II) If the retrial is re-trial and re-sincited in accordance with the trial supervision procedures, the original fine and confiscation of property have been executed.
Article 19 [Survey of State Exemption] If falls into one of the following circumstances, the state shall not bear the liability for compensation:
(I) Detained or sentenced to punishment for intentionally making false confessions or forged other evidence of guilt;
(II) Person who is not subject to criminal responsibility in accordance with Articles 17 and 18 of the Criminal Law is detained;
(III) In accordance with Article 15 of the Criminal Procedure Law, Article 173, Paragraph 2 and Article 279 stipulate that a person who does not pursue criminal responsibility is detained;
(IV) Personal behaviors of the agencies that exercise their investigative, procuratorial, and judicial powers, as well as staff of detention centers and prison management agencies that have nothing to do with the exercise of their powers;
(V) Damage caused by intentional acts such as self-injury and self-harm of citizens;
(V) Other circumstances stipulated by law.
Compensation Standard
Article 33 [Calculation of compensation for infringement of personal rights] If infringes on citizens' personal freedom, the daily compensation amount shall be calculated based on the average daily wage of employees in the previous year of the country.
Article 34 [Calculation of compensation for infringement of personal freedom] If infringes on citizens' right to life and health, the compensation shall be calculated according to the following provisions:
(I) If physical injuries are caused, medical expenses, nursing expenses, and compensation shall be paid, and income reduced due to loss of work.The daily compensation for reduced income is calculated based on the average daily wage of employees in the previous year, and the maximum amount is five times the average annual wage of employees in the previous year;
(II) If some or all of lose their ability to work, they shall pay medical expenses, nursing expenses, disability living assistance expenses, rehabilitation expenses and other necessary expenses for continued treatment due to disability, as well as disability compensation. Disability compensation shall be determined according to the degree of inability to work and the disability level stipulated by the state, and shall not exceed twenty times the average annual salary of employees in the previous year. If all the inability to work is caused, the inability to work shall also be paid for the living expenses to the person who is supported by them; if
(III) causes death, the death compensation and funeral expenses shall be paid, the total amount is twenty times the average annual salary of the country's employees in the previous year. People who are unable to work during their lifetime should also pay living expenses. The distribution standards for living expenses stipulated in the second and third items of the preceding paragraph of
shall be implemented in accordance with the local minimum living security standards. The person who is dependent is a minor, and the living expenses are paid until the age of eighteen; other people who are unable to work shall be paid until the time of death.
Article 35 [Compensation for Mental Damage] If there is one of the circumstances stipulated in Article 3 or Article 17 of this Law and causes mental damage, the victim shall be eliminated, restored, and apologized within the scope of the impact of the infringement; if serious consequences are caused, the corresponding mental damage compensation shall be paid.
Article 36 [Calculation of compensation for infringement of property rights] Infringement of property rights of citizens, legal persons and other organizations and causes damage, the following provisions shall be handled in accordance with the following provisions:
(I) If a fine, fine, recover, confiscate property or illegally expropriate or requisition of property, the property shall be returned;
(II) If a property that is sealed, seized or frozen, the property shall be lifted, and the property shall be damaged or lost, compensation shall be compensated in accordance with the provisions of the third and fourth items of this article;
(III) If the property that should be returned is damaged, the original state can be restored to the original state, and if it cannot be restored to the original state, the corresponding compensation shall be paid according to the degree of damage;
(III) If the property that should be returned is damaged, the original state can be restored to the original state, and if it cannot be restored to the original state, the corresponding compensation shall be paid according to the degree of damage;
(IV) If the property that should be returned is lost, the corresponding compensation shall be paid;
(V) If the property has been auctioned or sold, the price of the proceeds from the auction or sale shall be paid; if the price of the sale is significantly lower than the value of the property, the corresponding compensation shall be paid;
(VI) If the license and license are revoked and the production and business are ordered to be suspended, the necessary recurring expenses and expenses during the suspension of production and business shall be compensated;
(VIII) If the execution fine or fine, recovered or confiscated money is returned, the bank's deposit interest shall be paid for the same period of the period;
(VIII) If other damages to property rights are caused to the property rights, compensation shall be given as direct losses.
The prosecutor reminded
The state formulates, issues and continuously revises the "State Compensation Law" with the purpose of safeguarding the legitimate rights and interests of citizens, legal persons and other organizations and ensuring that they enjoy the right to obtain state compensation in accordance with the law. However, state compensation is a limited liability for compensation, not unlimited liability. The State Compensation Law stipulates the scope and standards of state compensation, and also clarifies the circumstances in which the state does not bear compensation liability. Citizens, legal persons and other organizations should correctly understand state compensation. When personal rights and property rights are infringed by public power, do not "will believe in the law by petitioning". They should learn to use legal means and apply for state compensation in accordance with the law through legal means to achieve the purpose of safeguarding their own rights and interests. Only when the authority of the law is respected can the interests of the people be guaranteed and social fairness and justice can be demonstrated.
