Can you get state compensation for your acquittal after being detained for more than six months?

If you meet one of the provisions of Article 17 of the State Compensation Law, you can receive state compensation. Article 17 of China's "State Compensation Law" stipulates that if the organs exercising investigative, procuratorial and adjudicative powers, as well as the detention centers and prison management organs and their staffs, violate their personal rights in any of the following circumstances in the exercise of their powers, the victim shall have the right to obtain compensation: 1. Where a citizen is detained in violation of the provisions of the Criminal Procedure Law, or a citizen is detained in accordance with the conditions and procedures stipulated in the Criminal Procedure Law, but the detention period exceeds the time limit stipulated in the Criminal Procedure Law, and a subsequent decision is made to withdraw the case; where no prosecution is made or a judgment declares an acquittal and terminates the pursuit of criminal responsibility; 2. After arresting a citizen, it is decided to withdraw the case, not to prosecute, or to make a judgment declaring an acquittal and terminating the pursuit of criminal responsibility; 3. Where the verdict is changed to not guilty in a retrial in accordance with the trial supervision procedures, and the original sentence has already been enforced; 4. Extorting confessions by torture or causing bodily injury or death to citizens by beating or abusing others, or instigating or indulging others to beat or abuse others; 5. Illegal use of ** or police equipment to cause physical injury or death to citizens.

According to the situation you give, you can first file a state compensation with the compensation obligation authority, or you can submit it together when applying for administrative reconsideration or filing an administrative lawsuit (you can also consult a professional lawyer about the relevant situation and hire a lawyer to do relevant legal affairs for you to protect your legitimate rights and interests).

It is possible to apply for state compensation.

Absolutely, there have been too many examples of this in the past.

Being released after six months of criminal detention does not mean that he is not guilty. During the period of 6 months of criminal detention, the suspect who committed the crime of chain initiation should have been approved by the procuratorate to be arrested, because the maximum period of criminal detention will not exceed 6 months, and there are also cases in which the procuratorate has been detained for more than 6 months after being arrested for investigation and review for prosecution, and detention for more than 6 months cannot be defined as acquittal. It may be that the court finds that the evidence is insufficient, the alleged crime is not established, and should be released immediately, so the release after 6 months of criminal detention does not mean that he is not guilty.

Legal Analysis: Acquittal after criminal detention can apply for compensation from the state. As long as the state organ or the personnel of the state organ are wrongly arrested, they can apply for state compensation; This compensation is made in accordance with the time and manner in which personal liberty is controlled.

However, an application is required. In case of non-application. The state will not take the initiative to compensate.

Legal basis: Article 17 of the State Compensation Law of the People's Republic of China: Where organs exercising investigative, procuratorial, or adjudicative powers, as well as detention centers, prison management organs, and their staffs, violate their personal rights in any of the following circumstances, the victim has the right to receive compensation: (1) Detention measures are taken against citizens in violation of the provisions of the Criminal Procedure Law, or detention measures are taken against citizens in accordance with the conditions and procedures provided for in the Criminal Procedure Law, but the detention period exceeds the time limit provided for in the Criminal Procedure Law; Where a subsequent decision is made to withdraw the case, not to prosecute, or to make a judgment declaring an acquittal and terminating the pursuit of criminal responsibility; (2) After employing arrest measures against a citizen, a decision is made to withdraw the case, not to prosecute, or a judgment to declare an acquittal and terminate the pursuit of criminal responsibility; (3) Where the verdict is changed to not guilty in a retrial in accordance with the trial supervision procedures, and the original sentence has already been served; (4) Extorting confessions by torture or causing bodily harm or death to citizens by beating or ill-treatment, or instigating or indulging others to beat or abuse others; (5) Illegally using ** or police equipment to cause bodily injury or death to citizens.

Legal Analysis: If you are not arrested and released after being criminally detained, there are the following possibilities:

1.After investigation of no criminal acts, he was released2If he does not do so, he shall bear criminal responsibility and be released.3

Those who meet the requirements for release on guarantee pending further investigation are to be released on guarantee pending further investigation4Those who meet the requirements for arrest, but have legal circumstances that are not suitable for detention in hail lead, are to go through residential surveillance formalities and be released.

Legal basis: Criminal Procedure Law of the People's Republic of China Article 65: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:

1) Where a person might be sentenced to controlled release, short-term detention, or an independent application of a supplementary penalty, (2) Where a sentence of fixed-term imprisonment or higher imprisonment might be given, and release on guarantee pending further investigation would not cause danger to society; (3) Women who suffer from a serious illness, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and release on guarantee pending further investigation will not cause danger to society; (4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to obtain release on guarantee pending further investigation. Release on guarantee pending further investigation is to be enforced by the public security organs.

1. Acquittal after 3 days of criminal detention is generally not eligible for state compensation, but if he is acquitted after arrest, he can apply for state compensation.

According to Article 17 of the State Compensation Law, if the organs exercising the investigative, procuratorial and adjudicative powers of the University, as well as the detention centers and prison management organs and their staffs, violate their personal rights in any of the following circumstances in the exercise of their powers, the victim shall have the right to obtain compensation:

1) Detention measures are taken against citizens in violation of the provisions of the Criminal Procedure Law, or detention measures are taken against citizens in accordance with the conditions and procedures provided for in the Criminal Procedure Law, but the detention period exceeds the time limit provided for in the Criminal Procedure Law, and then it is decided to withdraw the case, not prosecute, or make a judgment to declare an acquittal and terminate the pursuit of criminal responsibility;

2) Where, after the arrest measures are taken against the citizen, the decision is made to withdraw the case, not to prosecute, or the judgment declares an acquittal and terminates the pursuit of criminal responsibility.

2. Public security organs may detain current criminals or major suspects in advance in any of the following circumstances:

1) Those who are preparing to commit a crime, committing a crime, or being discovered immediately after committing a crime;

2) The victim or a person who witnessed it at the scene identified him as having committed the crime;

3) Evidence of a crime is found in the vicinity or residence;

4) Attempting suicide, escaping, or being at large after committing a crime;

5) There is a possibility of destroying or fabricating evidence or colluding confessions;

6) Not telling the real name and address, and the identity is unclear;

7) There is a major suspicion of committing a crime on the go, committing a crime multiple times, or committing a crime in a group.

1. What is the procedure for criminal detention?

1. When the case-handling personnel of the public security organs find it necessary to detain a criminal suspect, they should fill out a "Petition for Detention Report", indicating the relevant circumstances and reasons, and issue a "Detention Certificate" after being reviewed by the department leader and approved by the responsible person of the public security organ.

2. When a procuratorate detains a criminal suspect, the case-handling personnel shall submit an opinion, the responsible person for the department shall review it, and the chief procurator shall make a decision before sending it to the public security organ for enforcement.

3. Where the situation is urgent and there is no time to go through the detention formalities, the people's procuratorate may first bring the criminal suspect to the public security organ and immediately go through the detention formalities at the same time.

4. Due to the laws of our country, detention shall be carried out by the public security organs. Therefore, where a people's procuratorate decides to detain a criminal suspect, the public security organs shall enforce it, and when necessary, the people's procuratorate may assist the public security organs in enforcing it.

5. When a public security organ carries out detention, it shall hold a "Detention Certificate" issued by a public security organ at or above the county level, present it to the detainee, and announce that he or she will be detained. The detainee is then ordered to sign, seal or fingerprint the detention warrant. If the detainee refuses to sign, affix a seal, or put a fingerprint, the enforcement personnel shall indicate this on the detention warrant.

Acquittal after criminal detention can apply for state compensation. According to Article 17 of the State Compensation Law, if the organs exercising investigative, procuratorial, and adjudicative powers, as well as the detention center, prison management organs, and their staffs violate their personal rights in any of the following circumstances in the exercise of their powers, the victim shall have the right to obtain compensation: 1. Detention measures are taken against citizens in violation of the provisions of the Criminal Procedure Law, or detention measures are taken against citizens in accordance with the conditions and procedures prescribed in the Criminal Procedure Law, but the detention period exceeds the time limit stipulated in the Criminal Procedure Law, and a subsequent decision is made to withdraw the case. where there is no prosecution or a judgment declares an acquittal and terminates the pursuit of criminal responsibility for hail feasts; 2. After taking arrest measures against a citizen, it is decided to withdraw the case, not to prosecute, or to make a judgment declaring an acquittal and terminating the pursuit of criminal responsibility; 3. Where the verdict is changed to not guilty in a retrial in accordance with the trial supervision procedures, and the original sentence has already been enforced; 4. Extorting confessions by torture or causing bodily injury or death to citizens by beating or abusing others, or instigating or indulging others to beat or abuse others; 5. Illegal use of ** or police equipment to cause physical injury or death to citizens.