Non-reconsideration of acquittal without state compensation

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Non-reconsideration of acquittal without state compensation

[Trial Rules]

After retrial in accordance with the trial supervision procedure, the verdict was found not guilty and the verdict sentence was executed. The victim There is the right to state compensation. The court’s retrial judgement decided that the original sentence plus the sentence was improper and mutatis mutandis, resulting in an overdue sentence, but it did not belong to the case where the retrial sentence was acquitted.

[Keywords]

National Compensation for Criminal Detention Extra-duty Sentence

[Basic case]

Yang X Liang was sentenced to 13 years’ imprisonment for deliberate crimes and was deprived of political rights. year. In serving his sentence, the court ruled that the sentence be reduced by one year. After Yang X Liang was admitted for medical treatment. After the expiry of the medical treatment at the time of expiry, the Bazhong prison in Sichuan did not perform the supervision of Yang X Liang until the sentence fixed by the judgment expired. Sichuan Bazhong Prison issued a certificate of release from prison. After Yang X Liang was sentenced to two years and six months of imprisonment for the crime of confusing and causing trouble, he was sentenced to eight years, eight months and two days of imprisonment for the crime of intentional injury. He was sentenced to eight years imprisonment. Yang X Liang dissatisfied and appealed to Dazhou Intermediate People's Court (Dazhou Intermediate People's Court). The Dazhong Intermediate People's Court ruled that the original judgment was revoked and a retrial was sent back. The Daxian County Court ruled that Yang X Liang committed a crime of causing trouble and sentenced him to two years and six months of imprisonment. In addition, the original crime of intentional injury was sentenced to eight years, eight months and two days, and he was sentenced to eight years imprisonment. Yang X Liang was still unconvinced and appealed to the Dazhou Intermediate Court. The Dazhong Intermediate People's Court ruled that the appeal was dismissed and the verdict was upheld. Yang X Liang continued to complain in serving his sentence. Dazhou Intermediate People's Court made a retrial criminal judgment and held that the fact that Yang X Liang committed the crime of causing troubles was clear, the conviction was accurate, the sentence was appropriate, and the verdict of Yang X Liang's crime of causing trouble was maintained. The retrial decided to revoke the original first and second instance judges and found that Yang X Liang committed the crime of causing trouble and sentenced him to two years and six months’ imprisonment. At this point, Yang X Liang has been serving his sentence for an extension of 164 days. Yang X Liang asked the Dazhou Intermediate People's Court to pay the corresponding state compensation award on the grounds that the case was a wrong decision that caused him to serve his sentence.

[Controversial focus]

When the court reconsidered the original verdict and found that the original sentence plus the sentence was improper, the verdict was changed to render the claimant overdue. Should the court bear the corresponding national liability?

[Trial result]

Dazhou Intermediate People's Court of Sichuan Province held that the claimant Yang X Liang is a case of guilty of exceeding his sentence and is not covered by criminal compensation. He decided to reject his claim for compensation and no compensation will be given. The Compensation Committee of the Sichuan Higher People’s Court made a decision to maintain the decision of the Dazhong Intermediate Court not to pay compensation.

[Analysis of the trial rules]

Article 15 of the "State Compensation Law of the People's Republic of China" ( The provisions of paragraph 3, in accordance with the trial supervision procedures for retrial guilty of acquittal, the original sentence has been implemented, the victim has the right to obtain state compensation. China’s State Compensation Law follows the principle of innocent custody compensation, and the claimant Yang X Liang can only be entitled to compensation in case of retrial and acquittal. Dazhou Intermediate People's Court rejuvenated the criminal judgment and corrected the improper handling of the original sentence, but it was not guilty of retrial. Therefore, Yang X Liang, the claimant for compensation in this case, did not belong to the case where he was adjudged to be acquitted but he was guilty of exceeding his sentence. He requested that criminal compensation be not supported.

[Applicable Law]

Article 15 of the "People's Republic of China State Compensation Law" In the trial of administrative compensation cases, the claimant and the organ for compensatory obligations shall provide evidence on their claims.

When the compulsory organ for compensatory obligations employs administrative detention or compulsory measures that restrict personal liberty, if a person who is restricted in personal freedom is dead or incapacitated, the act of an organ liable for compensation shall be The death or incapacity of a person restricted to personal freedomWhether or not there is a causal relationship in the ability, the organ for compensatory obligations shall provide evidence.

[Legal Instruments]

Criminal Compensation Application Criminal Compensation Decision Letter Criminal Justice Release Notification Criminal Appeal of criminal appeal

[Efficacy and Conflict Avoidance]

Reference Case Valid Reference Application < /p>

Yang X LiangRequest Dazhou Intermediate People's Court Criminal Detention Compensation Case

[case information]

< p style="text-align:justify">[Zhongfa Code] State Compensation Law, National Compensation Scope, Exemption Scope, Criminal Compensation, Intentional Counterfeiting, Incrimination or Misjudgment (T010402055)

【Case No.】(2009) Sichuan Warfare Commission Word No. 2

[Case by] illegal criminal detention compensation

< p style="text-align:justify">[authority announcement] published by "People's Court News" on June 17, 2009

[Search Code]S0570+++++SC++++1209D

[Trial Court] Sichuan Higher People's Court

[Tiered Procedures] Compensation Procedure

[Compensator]Yang X Liang

[Compensation obligation organ] Dazhou Intermediate People's Court


[Original Judgments] (If you use, please check the original contents of the referee file)

"Criminal Compensation Decision"

Compensation claimant: Yang X Liang.

Compensation obligation: Dazhou Intermediate People's Court.

Yang X Liang was sentenced to 13 years imprisonment by the People's Court of Daxian County of Sichuan Province on November 14, 1988 for the crime of intentional infliction and was deprived of his political rights. In order to serve the law, the original Intermediate People's Court of Daxian County of Sichuan Province (now Dazhou Intermediate People's Court) ruled for a year of commutation on June 13, 1991. On October 26, 1992, Yang X Liang The patient is hospitalized outside the sickness insurance. The Chinese prison did not implement the supervision of Yang X Liang until the verdict of the verdict was expired. On June 27, 2001, Bazhong prison in Sichuan issued a certificate of release for Yang X Liang. Afterwards, Yang X Liang was found guilty of causing troubles. On September 28, 2005, the county court made a (2005) Dhafa Penalty No. 101 criminal judgment and sentenced Yang X Liang to prison for two years and six months, plus the original crime of intentional injury for six years and eight months. On the 2nd day, it was decided to implement the term of imprisonment for 8 years.Yang X Liang dissatisfied and appealed to the Intermediate Court of Dazhou. On November 29, 2005, the Intermediate Court of Dazhou made the criminal ruling of (2005) Dazhong Penalty No. 159, cancelling the original Sentenced and sent back for retrial.Daxian County Court in January 2006On the 6th, the (2006) Dafa Penalty No. 9 criminal judgment was issued. Yang X Liang committed the crime of causing trouble and sentenced him to two years and six months of imprisonment. In addition to the original crime of intentional injury, the sentence was six years and eight months. Days, decided to implement a prison term of eight years. Yang X Liang was still unconvinced and appealed to the Dazhou Intermediate Court. On March 31, 2006, Dazhou Intermediate Court made (2006) the criminal verdict of Dazhong Penalty No. 38, dismissed the appeal, and upheld the original verdict. Yang X Liang continued to complain in serving his sentence. On April 7, 2008, Dazhou Intermediate Court issued (2008) the Criminal Judgment No. 1 of Dazhong Rewording No. 1, which held that the fact that Yang X Liang committed the crime of causing troubles was clear, the conviction was accurate, and the sentencing was appropriate. The verdict of the crime of causing troubles and troubles should be maintained. However, the original judgment sentenced Yang X Liang to death for six years and eight months and two days improperly. Yang X Liang Baowai did not perform supervision on the prison after one year of expiry of his medical treatment. During the period of overdue, he should be included in the sentence of sentence. Yang X Liang The sentence of the crime of intentional harm was deemed to have been completed. The original verdict that Yang X Liang had more than six years of eight months and two days was not correct. He was wrongly sentenced when Yang X Liang committed the crime of causing trouble, and should be corrected. . The retrial decided to revoke the original first and second instance judges and found that Yang X Liang committed the crime of causing trouble and sentenced him to two years and six months’ imprisonment. On April 14, 2008, Yang X Liang was released. At this point, Yang X Liang has been serving his sentence for an extension of 164 days.

Yang X Liang asked the Dazhou Intermediate People's Court to pay the corresponding state compensation award on the grounds that the case was a wrong decision and caused him to serve his sentence.

The Intermediate People's Court of Dazhou City, Sichuan Province held that the claimant Yang X Liang was a case of guilty overdue and he did not fall within the scope of criminal compensation and decided to make a compensation claim. Rejected, no compensation. On April 28, 2010, the Compensation Committee of the Sichuan Higher People's Court made a decision to maintain the decision of the Dazhong Intermediate Court not to pay compensation.