I. Basic information of Zhang Yuhuan case: 1993, 10/0 On October 24th, Zhang Lei, who was only 6 years old, and Zhang Xiang, who was 4 years old, suddenly disappeared. The next day, he was found dead in the nearby Xiamatang Reservoir. A few days later, Zhang Yuhuan, a 26-year-old fellow villager, was locked as a suspect by the police. 2001165438+1On October 28th, after eight years of judicial proceedings, Zhang Yuhuan was sentenced to death with a suspended sentence. . 2065438+On June 20th, 2008, Jiangxi Higher People's Court filed a case for review on Zhang Yuhuan, and notified the lawyer to read the papers? . On August 4th, 2020, at 4pm, Jiangxi Higher People's Court retried Zhang Yuhuan's intentional homicide case, and the court finally acquitted Zhang Yuhuan because of "unclear facts and insufficient evidence in the original judgment"? .
In 2020? On September 2nd, Zhang Yuhuan submitted an application for state compensation to Jiangxi Higher People's Court, and the amount of compensation applied was 22343 129 yuan. On September 4th, Jiangxi High Court accepted Zhang Yuhuan's application for state compensation. 10/0 On October 30th, Jiangxi Higher People's Court served the state compensation decision on Zhang Yuhuan, the claimant, and decided to pay Zhang Yuhuan 496052 1.5 yuan.
Second, the calculation standard of state criminal compensation: According to the provisions of the State Compensation Law, anyone who is wrongly detained, arrested or wrongly declared innocent can apply for state compensation. The main form of state compensation is to pay compensation. If the property can be returned or restored to its original state, it should be returned or restored to its original state. The compensation items include: compensation for infringement of citizens' personal freedom, compensation for mental damage, medical expenses, nursing expenses, lost time and so on. And death will involve death compensation and funeral expenses.
(1) the Supreme People's Court issued a notice on May 18, 2020, announcing that from May 18, 2020, the compensation standard for infringement of citizens' personal freedom made by the state will be 346.75 yuan per day.
Zhang Yuhuan's state compensation for infringement of personal freedom is about 3.39 million yuan (9778 days ×346.75 yuan/day =339052 1.5 yuan), and this standard is unified throughout the country.
(2) The compensation for mental damage is 6.5438+0.57 million yuan, accounting for 46% of the compensation for infringement of personal freedom. It has exceeded the guiding principle of the Supreme Court that "in principle, it does not exceed 35% of the total amount of personal freedom compensation and life and health compensation".
(3) There is no legal support for medical expenses in Zhang Yuhuan, so I don't want to introduce them too much. For information, please refer to Article 34 of the State Compensation Law.
3. Compared with others, what is the salary level in Zhang Yuhuan? Judging from several cases of state compensation in 2020, the level of compensation in Zhang Yuhuan is moderate. Wu Chunhong, the party involved in the poisoning case in Henan, received compensation of 2.62 million yuan, of which the compensation for mental damage was only 35% of the personal compensation. In the poisoning case in Ren Yanhong, Shandong Province, the compensation for mental damage was 75% of the total compensation for personal freedom, and (10 16075% = 744000) received a total of national compensation 178000 yuan. Zhang Zhichao, Shandong Province, received about 3.32 million yuan in state compensation for killing students, of which 75% was compensation for mental damage, which was made by Linyi Intermediate People's Court of Shandong Province.
Conclusion: 4.96 million, far from the original claim of 22.34 million. No matter how much compensation, as long as Zhang Yuhuan himself can accept it, it will be enough to comfort this soul who has been wronged for nearly 27 years. No amount of money can buy back the lost years! With the improvement of the country's legal system, we hope that fewer and fewer people will be wronged or even will not appear. We also hope that the national compensation standard can break through the "principle" again and again and compensate the aggrieved people as much as possible. This may be the only way to comfort them!