Exclusive丨How much state compensation can Zhang Yuhuan get? Family members and lawyers speak up
On August 4, the Jiangxi Provincial Higher People's Court issued a public sentence on the retrial of the original trial defendant Zhang Yuhuan's intentional homicide, annulled the original trial and declared Zhang Yuhuan not guilty . The "Zhang Yuhuan Murder Case" was retrial and sentenced not guilty 26 years later , which caused widespread concern and heated discussions among netizens.
On the afternoon of the 5th, Zhang Yuhuan, who returned home, accepted an interview with Zhuang Shengchun, a reporter from CCTV News' Theory of Relativity.
At present, Jiangxi Higher Institute and other units apologized to Zhang Yuhuan. He expressed his acceptance of the apology, but the pain and suffering of these 26 years cannot be solved by a single apology. "It made my wife scattered and had nothing. I ask the judicial authorities to pursue criminal responsibility for the persons who'extracted confessions by torture'."
Zhang Yuhuan said that now he hopes to make up for his previous regrets by applying for state compensation, but this idea has not yet been launched.
This evening, the headquarter reporter interviewed Zhang Yuhuan’s brother Zhang Minqiang and his attorney Shang Manqing, how to proceed with the application for national compensation? How is Zhang Yuhuan's current state?
Attorney Zhang Yuhuan: The family is very determined and must apply for compensation
Zhang Yuhuan’s attorney, Shang Manqing, said: “Zhang Yuhuan is equivalent to stepping into society again. In the past two days, he has dealt with a series of things at home, and he has not specifically started to apply for compensation. The application for compensation is based on the time he submitted it and also depends on it. At the time of the launch, there is no way to determine the exact figure. He has not yet filed an application for compensation ."
According to Shang Manqing, Zhang Yuhuan is still applying for his ID card, and there are a series of other procedures afterwards, such as the local pension insurance. "The attitude of their family members is still very firm, and their verbal attitude is still very clear. They must apply for compensation and be held accountable."
Attorney Zhang Yuhuan: They are still husbands and wives in the legal sense, but Zhang Yuhuan should not be forced to stay
Zhang Yuhuan's ex-wife Song Xiaonv married him in 1988 and later had two sons. For the livelihood and the future of her two sons, 21 years ago, Song Xiaonv decided to remarry and signed a divorce agreement with Zhang Yuhuan. Now that Zhang Yuhuan is back, many netizens are concerned about Song Xiaonv's choice. Zhang Yuhuan said, "Song Xiaonv still has to go back to Fujian. She is married."
Regarding the relationship between Zhang Yuhuan and Song Xiaonv, Shang Manqing said that they are actually a couple in the legal sense, but Zhang Yuhuan’s character should not be forced to stay. Because Song Xiaonu left at the beginning not because she broke up with Zhang Yuhuan, but because she couldn't bring two children alone.
Brother Zhang Yuhuan: The original intention was that he would come back innocently
Zhang Yuhuan’s older brother, Zhang Minqiang, said that Zhang Yuhuan’s body has not yet recovered, and he does not have his ID card and other documents. "If you want to do these things, you can't do it, let's wait a few days. We respect the law for compensation, and we won't count it."
Zhang Minqiang said that the original intention of the family was that he could come back innocently. "Because our family doesn't have money, and we can't afford to hire a lawyer. At that time, in order to find someone to fight this lawsuit for free, I said that if it comes out, I will give you all the compensation from the state and hope that he will come back innocently. But we are sure To apply for compensation."
Brother Zhang Yuhuan: His current state of mind is not as good as a two or three year old child
I have been out of touch with society for too long. When I left, I still rode a bicycle at home and didn't even have a mobile phone. Now, Zhang Yuhuan is trying to adapt to life, and his family is also teaching him how to use a mobile phone.
According to Zhang Minqiang, Zhang Yuhuan is not as good at electronic products as two or three-year-old children. "Yesterday he started learning to use the phone, send video when I'm so sad. He did not know how to use him on the edge of the ear to listen, I let him put his hand looked at, as if watching cartoons the same, I It hurts to look at it. I wanted to walk away, so he grabbed my hand and wouldn't let me go. When I looked at him, I thought of my two-year-old granddaughter. The video between her and her father was very smooth. Zhang Yuhuan was even two-year-old. Children are not as good. He does not have his own mobile phone yet."
Speaking of his wishes for the future, Zhang Yuhuan once expressed the hope that the government would consider allocating some land to himself so that he could farm. In this regard , Zhang Minqiang said: "He said he hoped to divide the fields, but he considered that he wanted to live here. Zhang Yuhuan has no place to live now, and he lives in his brother's house."
Lawyer: Can apply for about 4.58 million yuan in compensation
Regarding Zhang Yuhuan’s follow-up compensation, a reporter from the headquarter interviewed Mingming, a lawyer from Beijing Jingshi Law Firm . It is clearly introduced that Zhang Yuhuan is in a situation where the original sentence has been executed but the retrial was changed and the sentence is not guilty. Public reports show that Zhang Yuhuan began to lose his freedom on October 27, 1993. On August 4, 2020, Jiangxi High Court ruled Zhang Yuhuan not guilty. , A total of 9778 days, according to the "National Compensation Law" and other relevant provisions, he can claim compensation for infringement of personal freedom, mental damage comfort, and if Zhang Yuhuan suffers physical injury, he can also claim life and health compensation.
Public data shows that in 2019, the average annual salary of employees in my country is 346.75 yuan/day, and the compensation for violations of personal freedom can be claimed at 3390521.50 yuan. Mental injury compensation generally does not exceed 35 percent of the total amount of personal freedom compensation and life and health compensation, or 1,186,682.53 yuan. With this calculation, Zhang Yuhuan can basically claim 4577204.03 yuan in compensation.
If Zhang Yuhuan claims compensation through court compensation procedures, the court will generally not make a written decision to compensate houses and fields, but Zhang Yuhuan can use the compensation money obtained to purchase houses and fields.
The Higher People's Court of Jiangxi Province shall make a decision on whether to pay compensation within two months from the date of receiving Zhang Yuhuan's application. If Zhang Yuhuan is dissatisfied with the amount of compensation from the Jiangxi High Court, he can apply to the upper court of the Jiangxi High Court, the Supreme People’s Court, for a compensation decision within 30 days from the date when the Jiangxi High Court makes the compensation decision. The Supreme People’s Court shall receive the application upon receipt A decision will be made within two months from the date of Therefore , Zhang Yuhuan should receive state compensation at most within 5 months after Zhang Yuhuan applied for compensation.