The reconsideration of criminal compensation shall make a reconsideration decision within 2 months from the date of receiving the application for reconsideration. If the claimant refuses to accept the reconsideration decision or the reconsideration organ fails to make the reconsideration decision within the time limit, he may, within 30 days from the date of receiving the reconsideration decision or within 30 days from the date of expiration of the reconsideration decision, make a claim for compensation to the compensation committee of the people's court at the same level where the reconsideration organ is located.
The limitation period for the claimant to request state compensation is two years, counting from the date when the state organs and their staff members exercise their functions and powers and are found to be illegal according to law, but the detention period is not counted. If the claimant is unable to exercise his right of claim due to force majeure or other obstacles within the last six months of the limitation of compensation, the limitation shall be suspended. From the date when the reasons for the suspension of the limitation of action are eliminated, the limitation period of the claim for compensation shall continue to be counted.
Second, criminal cases do not apply for reconsideration.
Provisions on the procedures for public security organs to handle criminal reconsideration and review cases
Article 9 An application for criminal reconsideration shall be made in writing. However, if the situation is urgent or it is not convenient for the applicant to submit a written application, he may submit an oral application.
To apply for criminal review, a written application shall be submitted.
Article 10 Whoever applies for criminal reconsideration or review in writing shall submit an application for criminal reconsideration or review to the criminal reconsideration or review institution, which shall contain the following contents:
(a) the name, gender, date of birth, work unit, domicile and contact information of the applicant and his agent; The name and address of the legal person or other organization, and the name, position, domicile and contact information of the legal representative or principal responsible person;
(2) The name of the public security organ that made the decision or reconsideration decision;
(3) Requests for criminal reconsideration and review;
(four) the facts and reasons for applying for criminal reconsideration and review;
(5) the date of applying for criminal reconsideration and review.
The application for criminal reconsideration shall be signed or fingerprinted by the applicant.
Article 11 Where an applicant orally applies for criminal reconsideration, the staff of the criminal reconsideration institution shall, in accordance with the matters specified in Article 10 of these Provisions, make a record of the Application for Criminal Reconsideration on the spot, which shall be signed or fingerprinted by the applicant or read out to the applicant for confirmation.
Article 12 An applicant applying for criminal reconsideration or review shall submit the following materials:
(a) A copy of the original decision and notification;
(two) to apply for criminal reconsideration, it shall also submit a copy of the reconsideration decision;
(3) A copy of the applicant's identity certificate;
(4) Where an agent ad litem files an application, he shall also provide the power of attorney of the parties.
(5) When applying, the defense lawyer shall also provide a copy of the lawyer's practice certificate, the certificate of the law firm, the power of attorney or the legal aid letter;
(6) Relevant facts and evidential materials collected by the applicant.
Third, how to supervise the public security organs not to file a case?
According to the provisions of the Criminal Procedure Law, all criminal cases are investigated by public security organs, except for cases filed for investigation by people's procuratorates and cases of private prosecution directly accepted by people's courts. It can be seen that the number of cases filed for investigation by public security organs is very large. Strengthening the supervision of public security organs' non-filing activities is of great significance to ensure that non-filing activities are carried out according to law. China's criminal procedure law, combined with the practice of non-filing supervision, clearly stipulates the content of people's procuratorate's supervision over public security organs.
Article 87 of the Criminal Procedure Law stipulates: "If the people's procuratorate thinks that the public security organ does not file a case for investigation, or the victim thinks that the public security organ does not file a case for investigation, the people's procuratorate shall ask the public security organ to explain the reasons for not filing a case. If the people's procuratorate believes that the reason why the public security organ does not file a case cannot be established, it shall notify the public security organ to file a case, and the public security organ shall file a case after receiving the notice. " In order to correctly understand and implement this provision, six ministries and commissions, including the Supreme People's Court and the Supreme People's Procuratorate, further stipulated in the Provisions on Several Issues Concerning the Execution of Criminal Procedure Law: "The public security organ shall reply to the people's procuratorate within seven days after receiving the notice from the people's procuratorate asking for the reasons for not filing a case.
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