After being detained for three months in 1986, can I apply for state compensation now?

If you have been wronged, or if you have been sentenced to three months in a false or wrongful case, you can apply for state compensation, but you must also have evidence, and some of the former public security officers should have retired after such a long time, so it is very difficult and complicated for you to apply for state compensation. However, you can consult a lawyer and have the lawyer appeal for state compensation.

Unlikely. First, Article 35 of the State Compensation Law stipulates that the State Compensation Law came into force on 1 January 1995. The State Compensation Act does not apply retroactively.

That is, if the conduct of state organs and their functionaries in the exercise of their functions and powers infringes upon the lawful rights and interests of citizens, legal persons, and other organizations, and occurs before December 31, 1994, it shall be handled in accordance with the relevant provisions of the previous provisions.

Second, criminal detention is not a punishment, but a compulsory measure, unless a case is not filed, and as long as there is evidence that the case may be involved, criminal detention is lawful and no compensation will be paid.

If you are in a similar situation to the person who was sentenced to 26 years in prison for the murder of two children, you can apply for state compensation regardless of how long you have been in prison.

Compensation may be demanded for unjust, false and wrongly decided cases.

Is it an unjust, false and wrongful case? If not, you won't be able to apply.

Legal Analysis: Under normal circumstances, criminal detention is not entitled to compensation from the State, unless the detention exceeds the normal period and the detainee is innocent. If a citizen's personal liberty is violated by the detention of a judicial organ, the detainee shall be compensated according to the average daily wage standard of the employee in the previous year, and the calculation of the average wage standard shall mainly refer to the statistical data and the formula for calculating the average daily wage provided by the Ministry of Human Resources and Social Security, and the detainee shall be compensated in accordance with the prescribed statistical data and the formula for calculating the average daily wage provided by the Ministry of Human Resources and Social Security.

Legal basis: Article 17 of the State Compensation Law of the People's Republic of China Where the organs exercising investigative, procuratorial, and adjudicative powers, as well as the detention centers, prison management organs, and their staffs, violate their personal rights in any of the following circumstances, the victim has the right to compensation:

1) Where detention measures are taken against citizens in violation of the provisions of the Criminal Procedure Law, or where detention measures are taken against citizens in accordance with the conditions and procedures provided for in the Criminal Procedure Law, but the period of detention exceeds the time limit provided for in the Criminal Procedure Law, and 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 arresting a citizen, a 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;

3) Where the verdict is changed to not guilty in accordance with the trial supervision procedures, and the original sentence has already been served;

4) Extorting confessions by torture or causing bodily injury 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.

In any of the following circumstances, the state shall not be liable for compensation: (1) Where a citizen is detained or sentenced to a criminal punishment because he or she intentionally makes a false confession or fabricates other evidence of guilt; (2) A person who does not bear criminal responsibility in accordance with the provisions of Articles 17 and 18 of the Criminal Law is detained; A person who is not pursued for criminal responsibility in accordance with the provisions of Article 15, Article 173, Paragraph 2, Article 273, Paragraph 2, and Article 200 and Article 79 of the Criminal Procedure Law is detained. The above is the answer to criminal detention and state compensation.