Is there compensation for wrongful conviction and imprisonment?

A wrongful sentence of one year is criminal compensation, 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 who is not proven to be a major suspect of a crime.

2. Wrongful arrest of a person who has not committed a crime;

State compensation. 3. 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 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**, police equipment causing bodily injury or death to citizens.

6. Illegally employing measures such as sealing, seizing, freezing, or recovering property.

7. Where 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.

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

1. Being detained or sentenced to a criminal punishment because a citizen intentionally made a false confession or fabricated other evidence of guilt;

2. A person who does not bear criminal responsibility in accordance with articles 14 and 15 of the Criminal Law is detained.

3. A person who is not pursued for criminal responsibility in accordance with Article 11 of the Criminal Procedure Law is detained.

4. The conduct of personnel of organs exercising state investigative, procuratorial, adjudicatory, or prison management powers that are not related to the exercise of their powers.

5. Damage occurs as a result of intentional acts such as self-injury or self-harm by citizens.

6 Other circumstances stipulated by law.

Authorities obligated to compensate.

According to the State Compensation Law, the determination of the organ with the obligation to compensate is divided into the following situations.

1. Where an organ exercising the powers of state investigation, procuratorate, adjudication, or prison administration and its staff infringes upon the lawful rights and interests of citizens, legal persons, or other organizations in the exercise of their powers, causing harm, that organ is the organ with the obligation to compensate.

2. Where a person who has no facts of a crime or who is not proven to be seriously suspected of committing a crime is wrongfully detained, the organ that made the detention decision is the organ with the obligation to compensate;

3. Where a person who has not committed a crime is wrongfully arrested, the organ that made the arrest decision is the organ with the obligation to compensate;

4. Where the verdict is changed to not guilty at retrial, the people's court that made the original effective judgment is the organ with the obligation to compensate. Where the second-instance judgment is changed to not guilty, the people's court that made the first-instance judgment and the organ that made the arrest decision are the organs with a joint obligation to compensate.

If compensation is not made within the time limit or the compensation claimant has objections to the amount of compensation, the compensation claimant may apply to the organ at the level above for reconsideration within 30 days from the date of the expiration of the period.

People's courts at the intermediate level or above are to establish compensation committees, composed of three to seven adjudicators of the people's courts.

Where the claimant for compensation requests compensation from the state, the organ with the obligation to compensate, the reconsideration organ, and the people's court must not collect any fees from the claimant.

In accordance with the above provisions, it is possible to apply to the appropriate authorities for compensation.

Yes, you can look up "State Compensation".

This has been done in recent years. If it was a misjudgment a long time ago, there was no compensation, and there was no such provision at that time.

If the judicial authority confirms that the previous sentence was erroneous, then the perpetrator may file a claim for compensation. In accordance with the provisions of Article 26 of the State Compensation Law of the People's Republic of China, 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. With regard to the period of compensation, it can generally be considered to be the period during which the perpetrator is actually detained, but does not include the part of medical parole, commutation or parole.

It must be emphasized that in the case of a wrongful conviction, the perpetrator will have the opportunity to receive compensation only if the acquittal is changed to a not-guilty verdict in the second instance or in a retrial. Because the judiciary will not take the initiative to compensate.

Where a sentence is wrongly served, the state is to give compensation.

Hello friends! State compensation is fully available.

State compensation can be claimed.

Citizens who have been wrongfully convicted and imprisoned have the right to claim compensation from the State. The standard of compensation is for the violation of the personal freedom of citizens, and the daily compensation is calculated on the basis of the average daily wage of the State employee in the previous year. If the victim is physically harmed, medical expenses, nursing expenses, and compensation for the loss of income due to lost work shall be paid.

[Legal basis].

Article 33 of the Law of the People's Republic of China on State Compensation.

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.

Article 34 of the State Compensation Law of the People's Republic of China.

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.

If the court wrongly sentences the death penalty as a result of death, the victim shall be paid death compensation and funeral expenses, and the total amount of compensation shall be 20 times the average annual salary of the state's employees in the previous year. In addition, the deceased who is unable to work and is supported before the spring of life and rent shall also pay living expenses, and the standard of payment shall refer to the local minimum living security standard.

Where a citizen's right to life and health is violated, the compensation shall be calculated in accordance with the following provisions: if the physical injury is caused, medical expenses shall be paid, and compensation shall be paid for the reduction of the blind due to lost work. The compensation for each day of the reduction is calculated on the basis of the average daily wage of the employees of the State in the previous year, and the maximum amount is five times the average annual wage of the employees of the State in the previous year.

[Legal basis].

Article 26 of the State Compensation Law of the People's Republic of China provides that when the compensation committee of the people's court handles a request for compensation, the compensation claimant and the organ with the obligation to compensate shall provide evidence for its own claims. Where the detainee dies or loses capacity during detention, and whether there is a causal relationship between the conduct of the organ with the obligation to compensate and the detainee's death or incapacity, the organ with the obligation to compensate shall provide evidence.

If the court wrongly sentences the death penalty to the victim in the event of death, the victim shall be paid death compensation and funeral expenses, and the total amount of compensation shall be 20 times the average annual salary of the state employee in the previous year. In addition, the deceased who is unable to work and is supported by the deceased during his lifetime shall also be paid living expenses, and the payment standard shall refer to the local minimum living security standard. Laughing stupidly.