This compensation is carried out in accordance with the time and manner of controlling personal freedom. However, if you need to apply, if you don't apply, the state will not take the initiative to compensate.
legal ground
Article 17 of the State Compensation Law stipulates that if the organs, detention centers, prison management organs and their staff exercising the powers of investigation, prosecution and trial infringe upon their personal rights while exercising their powers, the victims have the right to compensation:
(1) Taking detention measures against citizens in violation of the provisions of the Criminal Procedure Law, or taking detention measures against citizens in accordance with the conditions and procedures stipulated in the Criminal Procedure Law;
However, the detention time exceeds the time limit stipulated in the Criminal Procedure Law, and then it is decided to dismiss the case, not to prosecute, or to terminate the investigation of criminal responsibility after being acquitted;
(2) After taking measures to arrest a citizen, he decides to dismiss the case, not to prosecute, or to terminate the investigation of criminal responsibility after being acquitted;
(three) according to the procedure of trial supervision, the retrial is changed to innocence, and the original sentence has been executed;
(4) extorting a confession by torture or beating or maltreating others, causing bodily injury or death to citizens, or instigating or conniving others to beat or maltreat others;
(five) the illegal use of weapons and police equipment, resulting in physical injury or death of citizens.