Seven years ago, Pan, a native of Yangxian County, was arrested on suspicion of intentional injury and obstruction of official duties. During this period, after multiple supplementary investigations by the public security organs, the procuratorate filed a lawsuit with the court, but the matter was dismissed after being returned for supplementary investigation.
Recently, after submitting an application for state compensation to the two-level procuratorial organs, Pan finally obtained the "Criminal Compensation Reconsideration Decision" from the Hanzhong Municipal Procuratorate.
Seeing his son being beaten, his father passed by to help.
"I happened to be passing by on a motorcycle that day and saw a few people beating my son, so I rushed up to help." Speaking of what happened 7 years ago, 62-year-old Pan still has fresh memories.
Pan said that his son Pan has been engaged in photography in Yangxian County. On May 20, 2010, a dispute arose when a relative brought a truck of fertilizer back to Yang County from another place and was intercepted by employees of a fertilizer company in Yang County. Later, when his son went to the scene to shoot, he had a dispute with the other party.
A document from the Yangxian County Public Security Bureau shows that after trial, it was found that at around 1 p.m. on May 20, 2065, Pan (Pan’s son) filmed the scene of the dispute without authorization, and had an affair with Yangxian Yuhu Chemical Co., Ltd. (hereinafter referred to as Yuhu Company) employees had a dispute, and Pan stoned Yuhu Company employee Tian Jianbin to death.
Pan, who happened to be passing by, found out, got out of the car and hugged Du Wenzhong's leg. The father and son threw Du to the ground. Pan suppressed Du Wenzhong's upper body, causing Du Wenzhong's right knee injury. While the police from Xiecun Police Station of Yangxian County Public Security Bureau were handling the matter, Pan hugged his legs and insulted the police. Under the strong persuasion of Xie Village cadres and Xie Village Court Police, Pan and Pan were taken away from the scene.
On May 21, 2010, Pan was detained on suspicion of intentional injury and obstruction of official duties.
On September 13 of the same year, the forensic doctor of the Criminal Science and Technology Division of the Yangxian County Public Security Bureau made appraisal opinions on Tian Jianbin’s injuries and Du Wenzhong’s injuries respectively: Tian Jianbin’s head injury was a minor injury, and Du Wenzhong’s right The knee injury caused a tibial fracture, which was a minor injury and a tenth-level disability.
After repeated supplementary investigations, the defendant has not been tried for 7 years.
"I was first detained for 21 days and then placed under residential surveillance. However, it has been 7 years since my case and there has been no explanation." Pan said that he found the Yangxian County Public Security Bureau and the Yangxian County Procuratorate many times. No reply.
According to a "Criminal Compensation Reconsideration Decision" issued by the Hanzhong City Procuratorate, we found that Pan was criminally detained on May 21, 2065,438; he was arrested with the approval of the Yangxian County Procuratorate on May 26 of the same year. On June 10 of the same year, he was released on bail pending trial.
On May 27, 2011, the Yang County Public Security Bureau transferred Pan to the Yang County Procuratorate for review and prosecution on suspicion of intentional injury and obstruction of official duties. The Yang County Procuratorate returned Pan to the Yang County Public Security Bureau on July 6 of the same year. Additional investigation. During this period, Pan was placed under residential surveillance by the Yang County Public Security Bureau on July 7, 2011; on August 9 of the same year, the Yang County Public Security Bureau transferred the case again; the Yang County Procuratorate filed a lawsuit with the Yang County Court on August 24 of the same year. On October 8, 165438+ of the same year, the Yang County Court decided not to accept the case because Pan could not appear in court.
On November 21, 2011, the Yang County Procuratorate returned the case to the Yang County Public Security Bureau for supplementary investigation. Afterwards, neither the Yang County Procuratorate nor the Yang County Public Security Bureau made a decision.
Pan said that in order to get an explanation for himself, he went to the provincial and municipal procuratorial organs to file a complaint, but to no avail. On July 26 this year, Pan hired a lawyer and submitted state compensation to the Yangxian County Procuratorate.
"They did not give me an explanation, nor did they reply whether they would compensate me." Pan said that he filed a reconsideration application with the Hanzhong City Procuratorate.
On February 7, 65438, Pan’s attorney, Chang Minan, a lawyer from Shaanxi Min’an Law Firm, stated that according to regulations, after the statutory period of bail pending trial, residential surveillance, and arrest expires, the case handling agency will be responsible for more than one month. If the case is not transferred within 20 years, or a decision is made not to prosecute or to dismiss the prosecution, it is a situation that stipulates that criminal liability is terminated under the "State Compensation Law".
"Although Pan is still a criminal suspect, the procuratorate that approved the arrest must first submit it, and then the case handling agency can initiate a public prosecution if it has new evidence." Chang Minan said that the interpretation of "two highs" makes criminal compensation The standards and categories are more clear, and in particular, specific cases of "suspected crimes" being compensated are listed, precisely to "force" judicial organs to strictly abide by legal provisions and at the same time provide relief and protection for citizens' rights.
After Pan submitted an application for reconsideration to the Hanzhong City Procuratorate, on June 5, 2006, at 5438+00, the Yangxian County Procuratorate issued a "Criminal Compensation Application Review Notice", clarifying: "After review by our court, your compensation application does not meet the conditions for filing a case. ”
Yang County Procuratorate: The superior department makes the decision on compensation and we will implement it.
Regarding the compensation decision of the Hanzhong City Procuratorate, Pan said: "The compensation decision stated that I could not appear in court and the court would not accept it. I was unable to attend the case at any time, but the court never held a hearing, and no one notified me " 65438 + On February 1, a person in charge of the Hanzhong City Procuratorate said: "The Yangxian County Procuratorate's decision not to file the case is not in compliance with the regulations, so we do not accept their statement." Regarding Pan's statement, "The Yangxian County Court made the decision on the grounds that he could not appear in court. "Inadmissible" statement, the person in charge explained, "The compensation situations stipulated in the National Compensation Law are in those cases. If you refuse to accept this statement, we have no right to make a compensation decision."
65438 On February 7, a person in charge of the Yangxian County Procuratorate said that the reason why there was no reply to the client before was because "due to moving, case files piled up, and could not be found, so there was no reply." Regarding the Hanzhong City Procuratorate, The person in charge said, "We will implement the compensation decision made by our superiors."
Pan said he was dissatisfied with the compensation decision and would apply to the Hanzhong Intermediate People's Court Compensation Committee for a compensation decision.
5000 is indeed a bit less.