Materials to be prepared when applying for state compensation:
1. Original application for state compensation 1 copy, with one copy according to the number of applicants. If it is really difficult to write an application, an oral lawsuit may be brought, which shall be recorded by the people's court and the other party shall be informed.
The application shall contain the following items:
(1) Name, gender, age, nationality, occupation, work unit, address and contact information of the applicant, name and address of the legal person or other organization, name, position and contact information of the legal representative or principal responsible person;
(2) Information such as the name and domicile of the respondent;
(three) the claim for compensation and the facts and reasons on which it is based;
(4) Evidence and sources of evidence;
(5) If there is a witness, the name and domicile of the witness shall be stated.
2, the applicant's identification materials. If the applicant is a natural person, provide a copy of the ID card; If the applicant is a legal person or other social organization, provide a copy of the business license or organization code certificate, and the identity certificate of the legal representative or principal responsible person; If a legal person or other organization cannot provide the organization code, it shall provide an explanation for the cancellation of the organization;
3. If the prosecution is entrusted, the power of attorney signed or sealed by the client, the identity certificate of the agent and other relevant materials shall be submitted; The power of attorney shall specify the agency authority.
If the agent is a lawyer or a grassroots legal service worker, it shall provide an official letter from the law firm and legal service office, as well as a verified copy of the lawyer's practice certificate and the grassroots legal service worker's practice certificate;
If the agent is a close relative of the party concerned, it shall provide proof of identity relationship and a verified copy of the agent's identity card;
If the agent is a staff member of the party concerned, it shall provide a certificate that the agent is a staff member of the applicant and a copy of the agent's ID card of the same person after verification;
If the agent is a citizen recommended by the community, unit and relevant social organization where the party is located, it shall provide a letter of introduction from the community, unit and relevant social organization where the party is located, and a copy of the agent's ID card verified as the same person;
4. Original 1 copy of evidence materials related to the request, and one copy according to the number of applicants.
5. The materials to be submitted in foreign-related cases shall be executed with reference to civil proceedings.
The main reasons for the unjust, false and wrong cases in criminal cases are: investigators extort confessions by torture, lack of sufficient objective evidence, over-reliance on expert conclusions, and investigators and trial procedures are easily influenced by external factors.
legal ground
People's Republic of China (PRC) State Compensation Law
Article 32 The main form of state compensation is to pay compensation.
Property that can be returned or restored to its original state shall be returned or restored to its original state.
Thirty-third violations of citizens' personal freedom, the daily compensation shall be calculated according to the average daily salary of employees in the previous year.
Thirty-fourth violations of citizens' right to life and health, the amount of compensation shall be calculated in accordance with the following provisions:
(a) causing physical injury, it shall pay medical expenses and nursing expenses, and compensate for the income reduced due to absenteeism. The daily compensation for income reduction is calculated according to the average daily salary of employees in the previous year, and the maximum is five times the average annual salary of employees in the previous year;
(2) If part or all of the working ability is lost, medical expenses, nursing expenses, living AIDS for the disabled, rehabilitation expenses, other necessary expenses due to disability and expenses necessary for continuing treatment shall be paid, and disability compensation shall be paid. Disability compensation is determined according to the degree of disability and the level of disability stipulated by the state, and the maximum is not more than 20 times of the average annual salary of employees in the previous year. If it causes complete loss of working ability, it shall also pay living expenses to the disabled person it supports;
(3) If death is caused, death compensation and funeral expenses shall be paid, the total amount of which shall be 20 times of the average annual salary of employees in the previous year. Living expenses shall also be paid to those who were unable to work and were supported by the deceased before his death.
The payment standard of living expenses stipulated in items (2) and (3) of the preceding paragraph shall be implemented with reference to the local minimum living standard. If the dependant is a minor, the living expenses shall be paid to the age of eighteen; Other people who are unable to work shall be paid living expenses until their death.