1. Even if there is no criminal ruling, you can still request state compensation;
2. Even if there is a criminal ruling, you may not be able to obtain state compensation;
3. What are the prerequisites for obtaining state compensation?
Article 2 of the "State Compensation Law" stipulates that if state agencies and state agency staff exercise their powers and infringe upon the legitimate rights and interests of citizens, legal persons and other organizations as stipulated in this law, causing damage, the victim shall Have the right to obtain state compensation in accordance with this law.
Article 6 stipulates that injured citizens, legal persons and other organizations have the right to demand compensation. If an injured citizen dies, his heirs and other dependent relatives have the right to claim compensation. If the injured legal person or other organization is terminated, its rights holder shall have the right to demand compensation.
4. Documents required for application:
If the victim himself is the claimant for compensation, he/she must provide the victim’s ID card and a copy; if he entrusts others to handle state compensation, he/she must also provide The ID card and copy of the entrusted agent must be provided; if a lawyer is entrusted to handle compensation, the lawyer's ID card and "Lawyer's Practice Certificate" must also be provided. According to".
IV. Process:?
(1) Administrative compensation procedure:
1. The compensation claimant files an application for state compensation.
2. The agency responsible for compensation shall accept the case in accordance with the provisions of the "People's Republic of China and State Compensation Law".
2. The agency responsible for compensation shall hear the case.
4. Make an "Administrative Compensation Decision" and serve it to the applicant.
5. If the compensation claimant has objections to the method, item, or amount of compensation, or the agency with the obligation to compensate makes a decision not to compensate, the claimant may start from the date the agency with the obligation to compensate makes the decision to compensate or not to compensate. within three months from the date of filing a lawsuit in the People's Court.
(2) Criminal compensation procedure:
1. The compensation claimant files an application for state compensation.
2. The agency responsible for compensation shall accept the case in accordance with the provisions of the "State Compensation Law of the People's Republic of China".
2. The agency responsible for compensation shall hear the case.
4. Make a "Criminal Compensation Decision" and serve it to the applicant.
5. If the compensation claimant has objections to the method, items, or amount of compensation, or if the agency responsible for compensation makes a decision not to compensate, the claimant may file a complaint with the next higher level within thirty days from the date the agency responsible for compensation makes the decision to compensate or not to compensate. The agency responsible for compensation applies for reconsideration.
6. If the claimant for compensation is dissatisfied with the review decision, he shall apply to the Compensation Committee of the People's Court at the same level where the review authority is located for a compensation decision within thirty days from the date of receipt of the review decision;
Of course, if you have a criminal judgment and it is clear that the relevant agency or staff has made law enforcement errors, you can apply for state compensation based on the judgment and make a compensation decision. If you are dissatisfied with the criminal verdict, you can sue the court. The court will deal with you accordingly based on the content of the verdict, and then you can apply for and receive state compensation.