After 27 years, Zhang Yuhuan, the subject of the wrongful murder case, was finally acquitted and successfully returned home. On the question of whether Zhang Yuhuan could apply for state compensation after his release from prison, Shang Manqing, a lawyer who was one of his defenders, said that once an acquittal verdict is obtained in the legal process, an application for state compensation can be filed, and that the application process will not exceed half a year. However, the specific amount of compensation in the case will have to wait until Zhang Yuhuan himself is released from prison, according to his personal will to decide whether to apply and other requirements. Shang Manqing said he would help Zhang Yuhuan apply for about 7 million yuan in state compensation.
According to the person in charge of the Supreme Prosecutor's Office for Criminal Complaints Procuratorate, Article 33 of the State Compensation Law stipulates: ? Violation of citizens' personal freedom, the daily compensation is calculated in accordance with the average daily wage of employees in the country in the previous year. ? daily compensation is about 285 yuan, Zhang Yuhuan was detained for 27 years, a total of *** 9855 days, calculated then, this compensation is about 2.81 million.
Compensation is also available for violations of citizens' right to life and health. If physical damage is caused, medical expenses shall be paid, as well as compensation for the reduction of income due to missed work. Compensation for each day of reduced income is calculated according to the average daily wage of employees in the country for the previous year. If the wage package was particularly high prior to the imprisonment, then the compensation may be higher. If partial or total incapacity is caused, medical expenses as well as disability compensation should be paid. Disability compensation is based on the degree of incapacity, with the maximum amount for partial incapacity being 10 times the average annual wage of the state employee for the previous year. In the event of death, death compensation is payable, which is 20 times the average annual wage of the employee for the previous year. If the deceased had someone to support during his or her lifetime and had not yet reached the age of 18, the state will also have to pay for the living expenses of the other person.
In addition to this, there is compensation for damage to property rights, which is usually a direct return of property. There is also compensation for moral damages, a fee that is not currently explicitly defined, making it difficult to define exactly how much it is. Some netfriends said, Zhang Yuhuan sat in the wrongful imprisonment for 27 years, wasted 27 years of valuable youth, the state should be compensated 30 million. In fact, the compensation can not be so much, it is expected to add the spiritual loss fee, is expected to be about 7 million , this amount is still more reasonable.