I have been held in the detention center for about a year, can I ask for compensation if I am not gu

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: Methods of Compensation and Criteria for Calculating the Number of Shouts.

According to article 32 of the Law on State Compensation, the payment of compensation is the main form of State compensation.

Where the property can be returned or restored to its original state, the property is to be returned or restored to its original state.

According to Article 33 of the State Compensation Law, if a citizen's personal freedom is violated, the daily compensation shall be calculated according to the average daily wage of the employees of the State in the previous year.

1) Where bodily injury is caused, medical expenses, nursing expenses, and compensation for the loss of income due to lost work shall be paid. The compensation for each day of the reduced income shall be calculated on the basis of the average daily wage of the employees of the State in the previous year, and the maximum amount shall be five times the average annual wage of the employees of the State in the previous year;

2) Where partial or total loss of ability to work is caused, medical expenses, nursing expenses, disability living aids, ** expenses, and other necessary expenses increased due to disability and expenses necessary for continuation, as well as disability compensation, shall be paid. Disability compensation shall be determined according to the degree of incapacity for work and in accordance with the level of disability prescribed by the State, and shall not exceed 20 times the average annual wage of employees in the previous year. If the total loss of the ability to work is caused, the person who is unable to work shall also be paid living expenses;

3) Where death is caused, death compensation and funeral expenses shall be paid, the total amount of which shall be 20 times the average annual salary of the State employee in the previous year. Living expenses shall also be paid to persons who are unable to work and who are supported by the deceased during his lifetime.

The standards for the payment of living expenses set forth in items 2 and 3 of the preceding paragraph shall be implemented with reference to the local minimum subsistence security standards. If the dependent person is a minor, the maintenance allowance shall be paid until the age of 18; For other persons who are unable to work, living expenses shall be paid until the time of death.

Acquitted in detention centers, the state will compensate. The form of compensation is to eliminate the impact. Elimination of impact refers to the method of compensation for the victim's reputation and honor undertaken by state organs to eliminate all kinds of adverse effects caused by the infringement of the right to reputation and honor within a specific scope; restoration of reputation; Apologize to Daoyan for trembling.

In addition, if criminal detention measures are taken, and a person is acquitted after 37 days of detention in a detention center, he or she cannot apply for state compensation, and there is no compensation. If the person is acquitted after arrest, he or she can apply for state compensation.

1. What are the consequences of infringing on the right to reputation and privacy?

The consequences of infringing on the right to reputation and privacy are to stop the infringement, restore the reputation, eliminate the impact, apologize, and compensate for the loss. Restoring reputation, eliminating impact, and making formal apologies may be conducted in writing or orally, and the content must be reviewed by the people's court in advance. The scope of restoration of reputation and elimination of influence should generally be equivalent to the scope of the adverse impact caused by the infringement.

At the same time, if a citizen or legal person claims compensation for infringement of the right to reputation, the infringer shall compensate for the economic losses caused by the infringement; Where citizens submit a claim for compensation for moral damages at the same time, the people's court may make a decision based on the degree of fault of the infringer, the specific circumstances of the infringement, and the consequences of causing mental harm to the victim.

2. Compensation for 37 days of acquittal detention.

According to the answer to your question, if you are in criminal detention, you will generally not be compensated if you are acquitted after 37 days of detention, and if you are acquitted after arrest, you can apply for state compensation. Where organs exercising investigative, procuratorial, or adjudicative powers, as well as management organs and their staffs, have any of the following violations of personal rights in the exercise of their powers, the victim has the right to obtain compensation: (1) Where a citizen is detained in violation of the provisions of the Criminal Procedure Law, or where a citizen is detained 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 a subsequent decision is made to withdraw the case, not to pronounce an acquittal, and to terminate the pursuit of criminal responsibility.

2) After employing arrest measures against a citizen, it is decided to withdraw the case, or not to terminate the pursuit of criminal responsibility by declaring an acquittal in a judgment. (3) Where the verdict is changed to not guilty in accordance with the trial supervision procedures, and the original sentence has already been enforced. (4) or causing bodily injury or death to citizens by beating or abusing others, or instigating or indulging others to beat or abuse others.

5) Illegally using ** or police equipment to cause bodily injury or death to citizens.

Where a criminal suspect in custody is detained in a detention center for about half a month, the people's court may impose a sentence and punishment. According to China's Criminal Procedure Law, the period of investigation and detention of a criminal suspect after arrest shall not exceed two months. In cases where the circumstances of the case are complicated and cannot be concluded at the completion of the time limit, an extension of one month may be granted upon the approval of the people's procuratorate at the level above.

Criminal Procedure Law article 253: When a convict is transferred for enforcement of a criminal punishment, the people's court that transferred the case for enforcement shall send the relevant legal documents to the public security organs, prisons, or other enforcement organs within 10 days of the judgment taking effect. For convicts sentenced to death with a two-year suspension, life imprisonment, or fixed-term imprisonment, the public security organs are to send the convict to prison to enforce their punishment in accordance with law. For convicts sentenced to fixed-term imprisonment, where the remaining sentence is less than three months before they are transferred for enforcement, the detention center is to enforce it on their behalf.

Convicts sentenced to short-term detention are to be enforced by the public security organs. Juvenile offenders shall be sentenced in a juvenile correctional facility. The enforcement organs shall promptly take the convict into custody and notify the convict's family.

Convicts sentenced to fixed-term imprisonment or short-term detention shall be issued a certificate of release by the enforcement organ upon the completion of the period of late sailing.