1. What is the charging standard for state compensation lawyers?
What is the standard of attorney fees for state compensation?
Yuan-30,000 yuan/piece. Up and down fluctuation range: 20%, but if the fee is less than 2000 yuan, it will be charged at 2000 yuan.
(two) involving property relations, the disputed subject matter shall be levied at the following rates:
tender prices
65438+ 6% for the part below 10,000 yuan.
10-5% of 500,000 yuan
50-/kloc-4% of 0/100,000 yuan
1-5 million yuan 3%
2% of 500- 10 million yuan
1 10-50 million yuan, 1%
The floating range of the part above 50 million yuan: 20%, but if the accumulated fee is less than 2,000 yuan, it will be charged at 2,000 yuan.
2. What are the scope of compensation?
Scope of administrative compensation
1, illegally detaining or illegally taking administrative compulsory measures that restrict citizens' personal freedom;
2, illegal detention or other means of illegal deprivation of personal freedom of citizens;
3. Causing bodily injury or death to citizens by violent acts such as beating or instigating others to do so;
4, illegal use of weapons, police equipment, causing physical injury or death of citizens;
5. Other illegal acts that cause bodily injury or death to citizens;
6, illegal implementation of fines, revocation of permits and licenses, ordered to suspend production or business, confiscation of property and other administrative penalties;
7, illegal seizure, seizure, freezing of property and other administrative coercive measures;
8. Collecting property and apportioning expenses in violation of state regulations;
9 other illegal acts that cause property losses.
Article 5 of the State Compensation Law also stipulates several situations in which the state does not assume administrative compensation liability:
1, the personal behavior of the staff of administrative organs has nothing to do with the exercise of their functions and powers;
2. Damage caused by the actions of citizens, legal persons and other organizations;
3. Other circumstances stipulated by law.
(ii) The scope of criminal compensation
Articles 15 and 16 of the State Compensation Law stipulate the scope of criminal compensation:
1. misjudging a person who has no criminal facts or no facts to prove that he is seriously suspected of committing a crime;
2. Arresting a person who has no criminal facts by mistake;
3, according to the procedure of trial supervision, retrial and acquittal, the original judgment has been executed;
4. extorting a confession by torture or causing physical injury or death to citizens by violent acts such as beating or instigating others to beat;
5. Illegal use of weapons and police equipment causes bodily injury or death to citizens;
6 illegal seizure, seizure, freezing and recovery of property;
7. According to the procedure of trial supervision, the retrial was changed to acquittal, and the original fine and confiscated property have been executed.
Article 18 of the State Compensation Law also stipulates several situations in which the state does not bear criminal compensation liability:
1. Citizens are detained or sentenced to punishment for deliberately making false statements or forging other evidence of guilt;
2. Persons who are not criminally responsible according to Articles 14 and 15 of the Criminal Law are detained;
3. In accordance with the provisions of Article 11 of the Criminal Procedure Law, the person who does not pursue criminal responsibility is detained;
4. Personal behaviors of functionaries who exercise the functions and powers of national investigation, prosecution, trial and prison management that are not related to the exercise of their functions and powers;
5. Damage caused by intentional acts such as self-injury and self-injury of citizens;
6. Other circumstances stipulated by law.
No matter what kind of case the judicial organ tries, it must complete the trial within a limited time limit, and at the same time, it must ensure that the case it tries will not harm the legitimate rights and interests of citizens who violate the legal norms, otherwise the injured subject can request state compensation from the local authorities in accordance with the law.