I was arrested and finally acquitted in a detention center for more than 7 months, how can I compens

1.Apply for national criminal compensation!

Criminal compensation is heard by a compensation committee specially established by the people's court. According to the provisions of the State Compensation Law, "the people's courts at or above the intermediate level shall establish a compensation committee, which shall be composed of three to seven judges of the people's courts.

2.The general procedure for compensation is as follows: (1) to file a claim for compensation, an application for compensation shall be submitted, which shall state the natural condition of the victim, the specific requirements, the basis and the reasons; (2) Collegiate.

Both the administrative tribunal and the compensation commission adopt a collegial approach to implement the principle of minority obeying the majority in adjudicating cases; and (3) make a decision on whether or not to compensate. The compensation committee's decision on compensation is a legally effective decision and must be enforced, and the compensation judgment in an administrative lawsuit shall be made in accordance with the procedures stipulated in the Administrative Litigation Law, and the parties have the right to appeal.

The prosecutor's office, which wanted to approve the arrest, filed a request for state compensation. There is no moral compensation.

The standard for calculating the application for state compensation for infringement of personal liberty is based on the average daily wage of the state employee in the previous year. The standard for 2014 is $ per day.

State Compensation Law.

Article 33 Where a citizen's personal liberty is violated, the daily compensation shall be calculated on the basis of the average daily wage of the State employee in the previous year.

Notice of the Supreme People's Court on the Calculation Standards for Compensation for Infringement of Citizens' Right to Personal Liberty in State Compensation Decisions Made in 2014.

According to the 2013 annual average wage of on-the-job employees in urban non-private units (i.e., the former "national average annual wage of on-the-job workers") released by the National Bureau of Statistics on May 27, 2014, the average annual wage of on-the-job employees in urban non-private units in 2013 was 52,379 yuan. According to the formula for calculating the average daily wage provided by the Ministry of Human Resources and Social Security, the average daily wage standard is 52,379 (yuan) 12 (month) monthly salary days) yuan. Accordingly, when the people's courts at all levels made a state compensation decision in 2014, the daily compensation for the infringement of citizens' right to personal liberty should be RMB.

Find the country, is there still a law for this, absurd, sue it.

If I have been detained in the detention center for about a year, can I claim compensation if I am not guilty?

1. Article 1 of the State Compensation Law.

Ten. 5.16 stipulates the scope of criminal compensation:

1) Wrongful detention of a person who has no facts of a crime or no facts that prove that he is seriously suspected of committing a crime;

2) wrongful arrest of a person who has not committed a crime;

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 using violent acts such as beatings, or instigating others to use violent acts such as beatings, causing bodily injury or death to citizens;

5) Illegal use of **, police equipment causing bodily injury or death to citizens;

6) Illegally taking measures such as sealing, seizing, freezing, or recovering property;

7) The verdict is changed to not guilty in a retrial in accordance with the trial supervision procedures, and the original fine or confiscation of property has already been enforced.

2. Article 18 of the State Compensation Law also stipulates several circumstances in which the state shall not be liable for criminal compensation:

1) Citizens who have been detained or sentenced to criminal punishment because they have intentionally made false confessions or fabricated other evidence of guilt;

2) A person who does not bear criminal responsibility in accordance with articles 17 and 18 of the Criminal Law is detained;

3) A person who is not pursued for criminal responsibility in accordance with Article 15 of the Criminal Procedure Law is detained;

4) Personal conduct of staff members of organs exercising state investigative, procuratorial, adjudicatorial, and prison management powers unrelated to the exercise of their powers;

5) The damage occurs due to the citizen's intentional acts such as self-injury or self-harm;

6) Other circumstances stipulated by law.

3. Therefore, whether you can request compensation from the state depends on the specific circumstances of your case. Are you sinless in your own right? Or is it because you don't need to bear criminal responsibility, or you are not criminally liable according to the law, etc.

4. If the relevant laws and regulations on state compensation are not clear or understood, it is recommended that you consult a professional criminal lawyer.

An application for state compensation may be made, and the acquittal states that the case was caused by the case-handling personnel, and since they are innocent, they should compensate for the losses.

If you are not guilty, you can ask for compensation.

Legal Analysis: The detention center has been held for nine months, and if it is discovered during the investigation that the criminal suspect should not be held criminally responsible, he can be acquitted. Where public security organs release a criminal suspect, they shall issue a certificate of release and notify the people's procuratorate that originally approved the arrest.

Legal basis: Criminal Procedure Law of the People's Republic of China

Article 162: In cases where public security organs have concluded their investigation, the facts of the crime shall be clear and the evidence credible and sufficient; and write a written opinion on the prosecution, and send it to the people's procuratorate at the same level for review and decision, together with the case file materials and evidence; At the same time, inform the criminal suspect and his defense lawyer of the transfer of the case. Where criminal suspects shout that they are willing to admit guilt, it shall be recorded in the case file, transferred with the case, and the relevant circumstances shall be noted in the indictment opinion.

Article 160 Where, in the course of investigation, it is discovered that criminal responsibility of a criminal suspect should not be pursued, the case shall be withdrawn; Where criminal suspects have already been arrested, they shall be immediately released, a certificate of release shall be issued, and the people's procuratorate that originally approved the arrest shall be notified.

Yes. It should be said that a person who has been criminally detained or arrested does not mean that he has already committed a crime, and only a person who has committed a crime can be said to have committed a crime if he has been sentenced to a criminal punishment by the people's court, so entering the detention center now does not mean that the facts of the case are 100 percent clear and the evidence is indeed sufficient. Therefore, the situation of acquittal in a detention center will theoretically exist, and it also exists in the practice of judicial hail.

Article 163 of the Criminal Procedure Law of the People's Republic of China: Where, in the course of investigation, it is discovered that criminal responsibility of a criminal suspect should not be pursued, the case shall be withdrawn; Where a criminal suspect has already been arrested, he shall be immediately released, a certificate of release shall be issued, and the people's procuratorate that originally approved the arrest shall be notified.