"Man imprisoned for 545 days to apply for national compensation" sentenced: compensation of more than 180,000 yuan, dismissal of spiritual comfort money
The Liaoning man Zhang Yu was arrested on suspicion of intentional injury. In the following three years, he went through two first and two second trials. The prosecution finally withdrew the prosecution. During this period, he was detained for 545 days.
Zhang Yu filed an application for state compensation to the court, including 60,000 yuan of spiritual comfort money, but the spiritual comfort money was not supported.
The State Compensation Decision issued by the Beizhen City Court of Liaoning Province on May 7 showed that the court held that Zhang Yu did not submit relevant evidence to prove that his spirit was damaged to a certain extent, nor did he submit evidence to prove that it caused serious damage to his spirit. , Its request for compensation from the court of 60,000 yuan of comfort money for mental damage has no factual basis.
On April 29, 2021, the Beizhen City Court made a national compensation decision: to give Zhang Yu a compensation of 188,978.75 yuan for infringement of personal freedom, and reject his request for compensation of 60,000 yuan for spiritual comfort.
The case went from detention to withdrawal of prosecution, which lasted 3 years and 8 months
The compensation decision shows that on April 10, 2017, 33-year-old electrician Zhang Yu was criminally detained by Beizhen City Public Security Bureau on suspicion of intentional injury.
On January 8, 2018, after the Beizhen City Procuratorate filed a public prosecution, the Beizhen City Court issued a first-instance verdict, convicting Zhang Yu for the crime of intentional injury and sentenced him to one year and six months in prison.
Zhang Yu refused to accept and appealed to the Jinzhou Intermediate Court.
On May 16, 2018, the Jinzhou Intermediate People's Court made a ruling: revoking the first-instance judgment and remand it for retrial.
During the retrial in Beizhen City Court, on October 9, 2018, Zhang Yu was released after the original sentence was completed, and on October 11, 2018, he was granted bail pending trial.
On May 16, 2019, the Beizhen City Court made another first-instance verdict, still convicting Zhang Yu for the crime of intentional injury and sentenced him to one year and six months in prison.
Zhang Yu still refused to accept and appealed again to the Jinzhou Intermediate Court.
On November 28, 2019, Jinzhou Intermediate People's Court once again ruled to revoke the first-instance judgment and sent it back to Beizhen City Court for retrial.
On December 31, 2020, the Beizhen City Procuratorate made a non-prosecution decision on the grounds of changes in evidence and applied to the Beizhen City Court to withdraw the prosecution.
On December 31, 2020, the court ruled that the prosecution should be withdrawn.
At this time, it has been 3 years and 8 months since Zhang Yu was detained.
From the criminal detention of Zhang Yu by the public security agency on April 10, 2017 to Zhang Yu’s release on October 9, 2018, Zhang Yu’s personal freedom was actually restricted for 545 days.
Received personal freedom compensation of more than 180,000 yuan, the court rejected the mental comfort money
On March 9, 2021, Zhang Yu filed an application for state compensation to the Beizhen City People’s Court, requesting compensation of 188978.75 yuan for infringement of personal freedom and 60,000 yuan for spiritual comfort, totaling 248978.75 yuan.
According to Article 17 (2) of my country's National Compensation Law, if a citizen is arrested and decided to dismiss the case, not prosecute, or is acquitted, the victim has the right to obtain compensation.
In addition, according to the "National Compensation Law" and other relevant laws and regulations, if a citizen's personal freedom is violated, the daily compensation is calculated based on the country’s average daily wages of employees in the previous year, and the “previous year” in the legal provisions refers to the compensation decision made by the compensation agency The previous year at the time.
Accordingly, the Beizhen City Court decided to give Zhang Yu a compensation of 188978.75 yuan (346.75 yuan × 545 days) for restricted personal freedom in accordance with the standard of 346.75 yuan per day for employees in 2019.
However, the court did not believe that Zhang Yu could receive mental damage relief money.
Article 35 of the "State Compensation Law" stipulates that "If one of the circumstances specified in Article 3 or Article 17 of this Law causes mental damage, the damage shall be eliminated for the victim within the scope of the impact of the tort. To restore the reputation and apologize; if serious consequences are caused, the corresponding mental damage soothing money shall be paid."
The Beizhen City Court held that although Zhang Yu was restricted from personal freedom for 545 days, which caused a certain degree of adverse effects on his body, mind and reputation, Zhang Yu did not submit relevant evidence to the court to prove that his spirit was damaged to a certain extent, let alone submit it. Evidence proved that it caused serious damage to his spirit, so Zhang Yu's request for compensation of 60,000 yuan for mental damage comfort money was not supported by factual basis.
On April 29, 2021, the Beizhen City People’s Court made a decision: Compensate Zhang Yu for compensation of RMB 188,978.75; reject Zhang Yu’s other claims for compensation.
Lawyer: wrong detention itself is a kind of mental damage
Li Changqing, a lawyer who has represented Wu Chunhong in state compensation cases and other state compensation cases, said that such cases of detention for hundreds of days without mental compensation are rare.
Li Changqing said that before this, people discussed more about the issue of more compensation and less compensation. For example, the Supreme People’s Court’s Interpretation on Several Issues Concerning the Application of Law for the Determination of Responsibility for Mental Damage in the Trial of State Compensation Cases, which came into effect on April 1 this year (Legal Interpretation) [2021] No. 3)” (hereinafter referred to as the “Interpretation”), through judicial interpretations, the amount of compensation for mental damage compensation is clearly defined as about 50% of the total amount of personal freedom compensation and life and health compensation, compared with the previous regulations The ratio of 30% is increased.
"The wrongful detention of innocent citizens is a kind of mental damage. If there is no mental illness, the mental damage itself is difficult to identify. Some things can only be proved by statements, such as the impact of wrongful custody on the parties’ occupation and family, divorce, It affects children’s learning, etc. It’s difficult to have specific standards to prove this, so the law uses detention time to draw lines.” Li Changqing introduced, "Interpretation" stipulates in Article 7 that people who are not guilty or who have terminated criminal responsibility are detained. If it is more than six months old, it can be deemed as "causing serious consequences" as stipulated in Article 35 of the State Compensation Law.
"This shows that as long as you have been detained in error for more than half a year, you can get compensation for mental damage. If the compensatory agency believes that it is impossible or necessary to pay compensation, the burden of proof lies with the compensatory agency." Li Changqing said that this view is based on the "Interpretation" "Article 3 stipulates, "If the organs obligated to compensate have one of the circumstances stipulated in Articles 3 and 17 of the State Compensation Law and are liable for state compensation in accordance with the law, they may also determine that the infringement has caused moral damage. But the organs obligated to compensate Except where there is evidence to prove that the citizen has no mental damage, or the mental damage is found to violate public order and good customs."
[Relevant Laws]
"National Compensation Law of the People's Republic of China"
Article 3 If an administrative organ and its staff have one of the following violations of personal rights when exercising their administrative functions and powers, the victim has the right to obtain compensation:
Detaining illegally or taking administrative compulsory measures that restrict the personal freedom of citizens in violation of the law;
Illegal detention or illegal deprivation of a citizen's personal freedom by other means;
Bodily injury or death caused by beatings, abuses, etc., or instigated or indulged others by beatings, abuses, etc.;
The illegal use of weapons or police equipment causes bodily harm or death to citizens;
Other illegal acts that cause bodily harm or death to citizens.
Article 17: If the organs exercising investigative, prosecutorial, and adjudicative functions and powers, detention centers, prison management agencies, and their staff have one of the following violations of personal rights when exercising their powers, the victim has the right to obtain compensation:
In case of taking detention measures against citizens in violation of the provisions of the Criminal Procedure Law, or taking detention measures against citizens in accordance with the conditions and procedures stipulated in the Criminal Procedure Law, but the detention time exceeds the time limit stipulated by the Criminal Procedure Law, the decision is subsequently made to withdraw the case, not to prosecute, or to judge Announcement of innocence and termination of criminal responsibility;
After arresting the citizen, the decision is made to dismiss the case, not to prosecute, or to be acquitted and to terminate the investigation of criminal responsibility;
In accordance with the trial supervision procedures, a retrial is made and the sentence is not guilty, and the original sentence has been executed;
Extorting a confession by torture or using acts such as beating or torture or instigating or indulging others to cause physical injury or death of a citizen by beating or torture;
The illegal use of weapons or police equipment causes bodily harm or death to citizens.
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of State Compensation Cases to Determine the Liability for Mental Damage
Article 7 Under any of the following circumstances, it can be determined as "causing serious consequences" as stipulated in Article 35 of the State Compensation Law:
(1) The person who is not guilty or whose criminal responsibility has been terminated has been detained for more than six months;
(2) The victim is identified as having minor injuries or more or disabled;
(3) The victim has been diagnosed and identified as having a mental disorder or mental disability, and is related to the tort;
(4) The victim's reputation, honour, family, occupation, education, etc. suffered serious damage, and was related to the tort.
The victim has been in custody for more than ten years without guilt; the victim has died; the victim has been identified as severely injured or disabled grade one to four and cannot take care of herself; the victim has been diagnosed and identified as severely mentally disabled or mentally disabled grade one to two and cannot live If it takes care of itself and is related to the infringement, it can be deemed that the consequences are particularly serious.
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The Paper Journalist Tan Jun