Lawyer Anthology What are the main causes of wrongful convictions in criminal cases?

Investigators of criminal suspects to take the way of torture to force suspects to confess in order to convict and punish them. In the vast majority of criminal cases, in fact, are in the investigation stage of the criminal suspect to be taken to torture confession behavior. The main factual basis of the case from the suspect, the defendant's own confession and defense which led to the occurrence of wrongful conviction. (ii) the lack of sufficient objective evidence, overly dependent on the identification of the conclusion is to lead to the occurrence of wrongful convictions of the important reasons for the second

Given the uneven level of appraisal, appraisal due to their own reasons such as: not in strict accordance with the norms of the appraisal process or identification of identification of qualifications over and over the qualification of the appraisal, and thus deviate from the objective facts or distortions of the objective facts of the knot wrong identification. Appraisal conclusions. The main facts of the case rely too much on the identification of the conclusion or the suspect's own confession and defense, which led to the occurrence of wrongful conviction.

(C) case officers and trial procedures vulnerable to the influence of external factors is to lead to the occurrence of wrongful convictions of the important reasons for the third

case officers may be subject to the media, public opinion and the pressure to close the case to make the wrongful convictions did not exclude illegal evidence in the judicial process, and public security organs in the beginning of the investigation, due to the impact of an inertia thinking, will pay more attention to the collection of evidence of guilt, while ignoring the evidence that can prove the suspect's innocence, the collection of evidence to prove that the suspect's innocence. The collection of evidence to prove the innocence of the suspect, as well as the widespread use of confessions in some cases of wrongdoing, is also an important reason for wrongdoing, although China's law is to "pay attention to the evidence and not gullible confession" For evidence obtained by torture, even if the court in accordance with the defendant's or his or her defense's request to start the rule of exclusion of illegal evidence Even if the court initiates the exclusion of illegal evidence at the request of the defendant or his or her defense, it sometimes gives up because there is not enough evidence to prove it. Defense lawyers in favor of the defendant's defense is also considered to be no evidence based on sophistry, defense lawyers as individuals in society, his power can not compete with the state organs. So far, the wrongful conviction because of the preconceived ideas of the staff of the judiciary came into being.

These two cases, they put forward compensation claims you think is reasonable? Will it be supported by the court.

These two cases, they put forward the state compensation can be obtained as follows: infringement of personal freedom compensation, the right to life and health damages, mental comfort money. And one of the spiritual condolences accepted by the court may not be able to support all.

First, the compensation for violation of personal freedom

According to the provisions of Article 33 of the State Compensation Law "violation of the personal freedom of citizens, the daily compensation is calculated in accordance with the national average daily wage of employees in the previous year". The Supreme People's Court issued a notice on May 18, 2020, announcing the standard of compensation for infringement of citizens' right to personal freedom for state compensation decisions made from May 18, 2020 onwards as 346.75 yuan per day.

Second, compensation for damages to the right to life and health

According to Article 34 of the State Compensation Law, if a citizen's right to life and health is violated, the compensation shall be calculated in accordance with the following provisions:

(a) If bodily injuries are caused, the medical and nursing fees shall be paid, as well as compensation for the reduction of income due to missed work. Compensation for each day of reduced income shall be calculated in accordance with the national average daily wage of the employee for the previous year, with the maximum amount being five times the national average annual wage of the employee for the previous year;

(b) If the injury results in partial or total loss of the ability to work, medical expenses, nursing care expenses, disability living aids, and rehabilitation expenses shall be paid for the increased necessary expenses due to the disability and the expenses necessary for the continuation of the treatment, as well as compensation for the disability. Disability compensation is determined in accordance with the degree of incapacity for work and in accordance with the disability grade set by the State, with the maximum amount not exceeding 20 times the average annual wage of the State employee for the previous year. Caused total loss of working capacity, the person who is unable to work for their dependents, shall also pay living expenses;

(c) caused death, shall pay death compensation, funeral expenses, the total amount of the state's average annual wage of the previous year twenty times the average annual wage of employees. For the deceased's lifetime dependents who are unable to work, shall also pay the cost of living.

The second paragraph of the preceding paragraph, the third paragraph of the standard of payment of living expenses, with reference to the local minimum subsistence standards. Dependents are minors, living expenses are paid until the age of eighteen; other people without the ability to work, living expenses are paid until the time of death.

Article 35 of this Law, Article 3 or Article 17 of one of the circumstances, causing mental harm, should be in the scope of the impact of the infringement, for the victim to eliminate the impact of the restoration of reputation, apologies; serious consequences, shall pay the appropriate compensation for mental harm.

Third, moral consolation money

Supreme People's Court "on the People's Court Compensation Commission to hear cases of state compensation for moral damages applicable to a number of issues of opinion" is currently the only standard basis. VII. Comprehensive discretionary "consolation money for moral damage" specific amount:

The people's court compensation committee to apply the provisions of compensation for moral damage, decided to use the "payment of the appropriate consolation money for moral damage" approach, shall take into account the following factors to determine the specific amount of consolation money for moral damage The specific amount of compensation for moral damage: the facts and serious consequences of moral damage to the specific circumstances; infringement of the authorities and their staff of the violation of the law, the degree of fault; infringement of the means, methods and other specific circumstances; the crime, the severity of the penalty; correction of the links and process of the error; the average standard of living in the place of residence of the applicant for compensation or habitual residence; the average standard of living in the place of the organ of the obligation to pay compensation; and other factors should be taken into account.

The Compensation Committee of the People's Court to determine the specific amount of compensation for moral damages, should also pay attention to reflect the provisions of the law, "comfort" nature, in principle, no more than in accordance with Article 33 of the State Compensation Law, Article 34 of the compensation for personal freedom, life and health compensation of the total amount of 35%, at least not less than A minimum of not less than one thousand dollars.

If the victim is at fault for the occurrence or expansion of the facts and serious consequences of the moral damage, the compensation for moral damage can be reduced or not paid according to the degree of fault.

However, the "Opinions" in addition to the factors that should be taken into account to determine the size of the amount of money, and only stipulates that, in principle, the amount of compensation for moral damage does not exceed thirty-five percent of the total amount of compensation for personal freedom, life and health compensation, and at the same time, the minimum of not less than one thousand yuan.

In the past, after the vindication and correction of the wrongful conviction cases, the parties applied for the amount of state compensation and the final amount of compensation between the gap is not small. Nie Shubin case, for example, the family applied for *** counted about 13.92 million yuan of compensation, while the Hebei Provincial High Court finally decided to pay compensation of 2.68 million yuan, only less than 20% of the amount of support for the application.

The violation of citizens' personal and property rights by unjustified cases is all-encompassing.

Besides financial compensation, how can these wronged people better integrate into society in the future? Any suggestions?