The man was detained for 150 days and was found not guilty after 7 years. The court awarded a compensation of 89,000 yuan

　　Han Qiang, the legal representative of Sichuan Pesticide Co., Ltd. (hereinafter referred to as Sichuan Pesticide Company), was involved in a criminal case in Jingmen City, Hubei, and was detained for 150 days due to problems such as drumming in the company's customized pesticide packaging.

　　Seven years later, the Intermediate People's Court of Jingzhou Intermediate People's Court was designated by the Hubei Provincial Higher People's Court to retrial, and Han Qiang was finally acquitted.

Subsequently, Han Qiang filed a state compensation application for more than 4.58 million yuan to the Jingmen Intermediate People's Court.

　　The National Compensation Decision published by the China Judgment Documents website shows that the Jingmen Intermediate Court made a decision on March 4 this year to compensate Han Qiang for a total of 89,000 yuan.

Among them, the court found that Han Qiang suffered mental damage due to wrong detention and caused serious consequences, and gave him a mental damage relief of 15,000 yuan, which accounts for less than one-third of his personal freedom compensation.

Customized pesticides cause trouble, imprisoned for 150 days for illegal operations

　　The cause of the case originated from a batch of customized pesticides.

　　Han Qiang, a native of Chengdu, Sichuan, is the legal representative of Sichuan Pesticide Company.

According to Tianyan Check information, this company was established in 1993 and is engaged in the sales and wholesale of chemical raw materials, construction materials, department stores, agricultural and sideline products, and pesticides.

　　The Shayang County People’s Court of Jingmen City, Hubei Province determined in the first-instance judgment: Han Qiang, on behalf of Sichuan Pesticide Company, signed a product customization cooperation agreement with Sichuan Huaying Chemical Co., Ltd. (hereinafter referred to as Huaying Company), stipulating Huaying Company Organize the production of "Chuanyan" and "Kaiyiyi" brand glyphosate according to the requirements of the pesticide company, and provide production technology and personnel. The pesticide company provides production equipment, original drugs, additives and packaging design, and is responsible for sales.

The contract is valid until December 31, 2012.

　　On October 18, 2011, Han Qiang, on behalf of Sichuan Pesticide Company, and Hubei Jingzhou Tongmou Agricultural Materials Co., Ltd. (hereinafter referred to as Tongmou Company), signed a contract containing the above-mentioned pesticides on behalf of Chen Mowu, and held it in Jingzhou Distributors from Shayang, Xiantao, Qianjiang, Public Security, Honghu, Tianmen and other counties and cities in Hubei Province were invited to participate in the promotion meeting of "Quick One" glyphosate herbicide.

After the meeting, distributors in many places successively purchased the products promoted at the meeting from Chen Mouwu, and Chen Mouwu remitted RMB 1.1 million to Han Qiang to purchase the product.

　　From January to March 2012, Han Qiang delivered 3370 pieces of glyphosate herbicide (150 bags each) to Chen Mouwu through logistics, and Chen Mouwu then forwarded them to dealers through logistics.

However, during the sales process, local distributors reported that the products had quality problems, the effects were not good, the sales could not go out, and the glyphosate additives were bulging.

　　In September 2012, the Agricultural Administrative Law Enforcement Brigade of Shayang County seized 30 of the above-mentioned products and transferred clues to the case to the Shayang County Public Security Bureau.

On May 8, 2013, the Shayang County Public Security Bureau detained 261 pieces of the above products from Chen Mouwu, valued at RMB 70,470.

　　Han Qiang was criminally detained by the Shayang County Public Security Bureau on April 26, 2013 on suspicion of illegal business operations, and was granted bail pending trial on September 22 of the same year.

Han was detained for 150 days.

　　On January 14, 2014, the Shayang County People's Procuratorate accused Han Qiang of illegal business operations and filed a public prosecution.

The Shayang County People’s Court held that Han Qiang did not perform the quality inspection obligations, knowing that the "Chuanyan" and "Kaiyiyi" brand glyphosate pesticide packages produced by Huaying Company had incomplete labels on their packaging, and they were still selling them, disrupting market order. , Its behavior has constituted the crime of illegal business operations.

　　The Shayang County People’s Court made a first-instance verdict on March 10, 2016: Han Qiang was exempt from criminal punishment for the crime of illegal business operations; 261 cases of 95% glyphosate herbicides seized by "Chuanyan" and "Kaiyiyi" were detained in accordance with the law Be confiscated.

　　After the verdict was pronounced, the Shayang County People's Procuratorate filed a protest, and Han Qiang filed an appeal.

The Jingmen Intermediate People's Court ruled on August 2, 2016 to reject the protest and appeal and uphold the original judgment.

Complaint: Hubei High Court ordered a retrial but was not guilty

　　After the judgment became legally effective, Han Qiang embarked on the path of appeal, but the Jingmen Intermediate People's Court rejected Han Qiang's appeal on May 18, 2017.

　　Subsequently, Han Qiang filed a complaint with the Hubei Provincial Higher People's Court. After review, the Hubei Higher Court made a retrial decision on August 27, 2018, instructing the Jingzhou Intermediate Court to conduct a retrial of the case.

　　On January 14, 2020, the Jingzhou Intermediate Court opened a court session to hear the case.

　　During the retrial, Han Qiang and his defenders believed that the original judgment found that Han Qiang was guilty of illegal business operations and should be acquitted in accordance with the law.

　　The procurator who appeared in court by the People's Procuratorate of Jingzhou City believed that Han Qiang's behavior did not constitute the crime of illegal business operations.

　　The prosecutors who appeared in court believed that there was insufficient evidence to determine that Han Qiang's behavior constituted a crime by a natural person.

In the name of the company, Han Qiang purchased packaging machines, pesticide technical additives, designed product packaging, held product promotion meetings, signed purchase and sales contracts, etc., which should be characterized as unit behavior; seized 261 pesticide labels operated by Han Qiang that were unqualified The facts were confirmed in the original judgment. Because most of the pesticides involved have been lost, there is currently no evidence to prove that the pesticides that have been lost use the same labeling method as the pesticides seized. It is inferred that all pesticide labels sold by Han Qiang are unqualified and insufficient evidence.

　　At the same time, the case file materials show that the farmers reported that the pesticides involved in the case had problems such as poor weeding effects and bulging packaging bags. The facts proved by this type of evidence did not meet the proof standards of criminal cases, and because the random inspection of product quality inspection procedures violated the law, the appraisal agency The issued inspection report has no legal effect, so there is insufficient evidence to determine that the pesticide has a quality problem.

　　The Jingzhou Intermediate People's Court found that Han Qiang sold 261 pesticide products with no production date, batch number, etc., and the sales amount was RMB 97,875, which was the company's performance of the contract.

According to the relevant regulations of the Supreme People’s Procuratorate and the Ministry of Public Security, this case has not yet reached the prosecution standard for illegal business operations, and the original judgment found that his actions constituted illegal business operations because of unclear facts and insufficient evidence.

　　On May 25, 2020, the Jingzhou Intermediate People's Court ruled Han Qiang not guilty in a retrial.

Apply for more than 4.58 million yuan in national compensation

　　On January 6, 2021, Han Qiang applied to the Jingmen Intermediate People's Court for state compensation.

　　In the application for national compensation, Han Qiang stated that it took more than 7 years from the criminal detention on April 26, 2013 to the retrial and the acquittal on June 25, 2020.

The wrong judgments in the first and second instances caused him to be detained by mistake for 150 days and suffered great mental damage. Not only did his company illegally confiscated 261 pesticide products, but also related companies were forced to pay 650,000 yuan in illegal damages. The company was contracted. With a huge loss of more than 5 million yuan, the operation has ceased business until now.

　　Han Qiang requested the court to compensate 4580652.5 yuan.

Specifically: (1) Illegal detention for 150 days × 346.75 yuan/day = 52012.5 yuan; (2) Illegal confiscation of 261 pieces of goods and 8 years of bank loan 5% of the annual interest amounting to 870,000 yuan; (3) Forced to pay The annual interest of 650,000 yuan and 5% of the bank loan for 8 years is 910,000 yuan; (4) 1 million yuan of business reputation and spiritual loss caused by false reports of the illegal acts in this case and unjust cases; (5) the applicant And the company’s legal fees, travel expenses, and printing material copying costs of 600,000 yuan during the case of the case; (6) the applicant company was forced to close down due to the case, raw materials, packaging materials and production equipment were scrapped, and the purchased materials were not deducted for tax deduction Waiting for a loss of 1 million yuan; (7) The applicant company’s current account amount for this case is about 2 million yuan, 5% interest on an 8-year bank loan of 800,000 yuan.

　　Han Qiang also requested the court to apologize to him on provincial platforms such as the Hubei Jingchu newspapers and the Internet to restore his and his company's commercial reputation and adverse effects.

The court awarded a compensation of 89,000 yuan, including 15,000 yuan for spiritual comfort

　　Regarding Han Qiang’s request to restore his reputation, eliminate the impact, and apologize, the Jingmen Intermediate Court’s Compensation Committee stated after review that on March 2, 2021, the leaders of the Jingmen Intermediate Court had made a face-to-face apology to Han Qiang on behalf of the court, and how to eliminate it. Influencing and restoring reputation, the court reached an agreement that the court will publish the national compensation decision of this case on the national court document website platform, and its coverage includes and exceeds the provincial platforms such as Hubei Jingchu newspapers and the Internet as claimed by Han Qiang. For the scope of influence, Han Qiang clearly accepted the court’s compensation apology and the method of eliminating the influence and restoring reputation.

　　Regarding the issue of the payment of spiritual comfort money, the court, in accordance with the "Opinions of the Supreme People’s Court on Several Issues Concerning the Application of Mental Damage Compensation in the Trial of State Compensation Cases by the People’s Court" The specific amount should also be paid attention to the nature of the'comfort' provided by the law. In principle, it should not exceed 3% of the total personal freedom fund and life and health compensation determined in accordance with Articles 33 and 34 of the National Compensation Law. Fifteen, the minimum is not less than 1,000 yuan."

　　In this case, Han Qiang was not guilty and was wrongly detained for 150 days, and it took many years to be commuted not guilty. His mentality suffered and caused serious consequences.

According to the above provisions, combined with the amount of Han Qiang's personal compensation, the Court Compensation Committee decided to pay Han Qiang's mental damage comfort fund of 15,000 yuan.

The excess part is not supported.

　　Regarding the issue of compensation for property losses, the Court Compensation Committee held that Han Qiang’s attorney fees, travel expenses, and printing and photocopying materials paid during the criminal proceedings for suspected illegal business operations were paid during the criminal proceedings to protect his lawful rights and interests. Necessary expenses have a direct causal relationship with criminal proceedings and should belong to Han Qiang’s direct property losses and should be supported.

However, the costs of defending rights in this case are unnecessary expenses, which are not direct losses and are not supported.

　　Regarding Han Qiang’s claim to compensate for the illegal confiscation of 261 goods and the annual interest of 5% of the bank loan for 8 years, 870,000 yuan, the Court Compensation Committee held that for the 261 pesticide products involved, the retrial decision has been determined by the seizure authority, the public security agency. They were disposed of in accordance with the law, and the owner of the 261 pesticide products was not Han Qiang himself, so the request of Han Qiang was not supported.

　　With regard to Han Qiang’s claim to compensate related companies for the forced payment of 650,000 yuan and an 8-year bank loan of 5% of the annual interest amounting to 910,000 yuan; he claims to compensate his company for being forced to suspend business due to the case, and the raw materials, packaging materials and production equipment were scrapped. The purchase of materials did not deduct the tax and other losses of 1 million yuan; the claim to compensate the company’s current account amount of about 2 million yuan for the 8-year bank loan 5% interest of 800,000 yuan was not a direct loss of Han Qiang, and it was not a direct loss. The scope of state compensation provided by the State Compensation Law is not supported.

　　On March 4, 2021, the Compensation Committee of the Jingmen Intermediate People's Court decided to compensate Han Qiang for personal freedom compensation of 5,2012 yuan, attorney costs 10,000 yuan, travel expenses 10,000 yuan, printing and photocopying materials cost 2,000 yuan; to pay Han Qiang's mental loss and comfort The above-mentioned compensation fee amounts to RMB 15,000 and RMB 89,012.

　　The Paper Journalist Tan Jun