Pan is a villager in a village. One day in 2004, Pan's neighbor Li suddenly disappeared. Li's wife said Li was killed by Pan because Pan and Li had a big fight the night before and Pan threatened to kill Li. Pan was sentenced to 15 years in prison on suspicion of intentional homicide, which has been completed. In 2007, the victim voluntarily appeared in court and proved that he was not dead and that the applicant was not guilty of intentional homicide. The court overturned the original verdict and the applicant was acquitted. Pan decided to apply for criminal compensation. So, how should he write the application?
Lawyers answer questions
Criminal compensation means that the public security organs, national security organs, procuratorial organs, judicial organs, prison management organs and their staff illegally exercise their powers and infringe the personal and property rights of the parties and the compensation given. The application for criminal compensation includes the following basic contents: (1) The first part is entitled "Application for Criminal Compensation". Basic information about the applicant: If the applicant is a citizen, the name, gender, date of birth, ethnicity, place of origin, occupation (or work unit, position), and address should be stated; if the applicant is a legal person or other organization, the legal representative should be stated (or representative’s) name, address, title, title and telephone number. (2) Requirements: When making a request for compensation based on the actual situation of the damage, the agency responsible for compensation (public security agency, people's procuratorate, people's court or prison) should be specified. In accordance with the relevant provisions of the National Compensation Law, a clear and specific compensation request shall be made. (3) Facts and reasons: State the causes and consequences of the damage and the reasons for requesting compensation, and request compensation in accordance with the relevant provisions of the National Compensation Law. Be truthful and sincere in your words. (4) Tail and attachments: name of the delivery institution; signature of the applicant. If the applicant is a legal person or other organization, it should be affixed with the official seal of the unit and signed by its legal representative; indicate the date of application; and attach relevant evidence and materials.
The application for criminal compensation in this case may refer to the following format:
Application for criminal compensation
Applicant: Pan, male, born on the day of the year, born on the day of the year
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Claim:
1. Request compensation for losses in RMB ××× yuan ××× yuan ××× yuan ××× yuan ××× yuan × yuan × yuan × yuan × yuan × yuan ×××元
2.××× From 2004 to ××× 2007, the salary was ××× yuan.
Factual reasons:
The applicant was originally a villager in XX Village, XX County, XX City. On XX, XX, 2004, he was suspected of intentional homicide and killed his neighbor Li. He was convicted of intentional homicide and sentenced to 15 years in prison. After the victim voluntarily appeared in court, it was proved that he was not dead and the applicant was not guilty of intentional homicide. On ×××, 2007, the court revoked the original verdict through trial supervision procedures and acquitted the applicant.
The wrong judgment not only caused great injustice to the applicant, but also undermined legal authority. In order to safeguard the legitimate rights and interests of the applicant and the authority of the law, in accordance with the "State Compensation Law of the People's Republic of China", the above compensation request is submitted to the XX City Intermediate People's Court, and please resolve it in accordance with the law.
I hereby convey
Xx People’s Court
Applicant: Pan
×××年×月×日
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State Compensation Law of the People's Republic of China
Article 17 Agencies, detention centers, prison management agencies and their staff exercising the powers of investigation, prosecution and trial Victims who violate personal rights while exercising their powers have the right to compensation:
(1) Detaining citizens in violation of the provisions of the Criminal Procedure Law, or detaining citizens in accordance with the conditions and procedures stipulated in the Criminal Procedure Law Detention measures are taken, but the detention period exceeds the time limit stipulated in the Criminal Procedure Law, and then the decision is made to withdraw the case, not to prosecute, or to terminate criminal liability; (2) After taking measures to arrest a citizen, the person decides to withdraw the case, not to prosecute, or acquits the person The pursuit of criminal responsibility is terminated after the trial; (3) In accordance with the trial supervision procedures, the retrial is changed to not guilty, and the original sentence has been completed; (4) Extorting confessions by torture or beating or abusing others to cause physical injury or death of citizens, or instigating or conniving Beating or abusing others; (5) Illegal use of weapons or police equipment, causing physical injury or death to citizens.
Article 18 If the agencies exercising investigation, prosecution, and trial powers, detention centers, prison management agencies, and their staff infringe property rights, and any of the following circumstances occur, the victim has the right to compensation:
(1) Illegal measures such as sealing, detaining, freezing, and recovering property; (2) In accordance with the trial supervision procedures, the retrial is changed to not guilty, and the fine and confiscation of property in the original judgment have been implemented.
Collection of Cases
When applying for state compensation, pay attention to the fact that some countries do not provide compensation. Specifically, the state will not be liable for compensation under any of the following circumstances: (1) Being detained or sentenced to a penalty for intentionally making false statements or forging other incriminating evidence; (2) Pursuant to Articles 17 and 10 of the Criminal Law Article 8: Persons who are not criminally responsible are detained; (3) In accordance with Article 15, Article 173, Paragraph 2, Article 273, Paragraph 2, and Article 277 of the Criminal Procedure Law Article 19 stipulates that persons who are not held criminally responsible are detained; (4) personal behaviors of agencies exercising the powers of investigation, prosecution, and trial, as well as staff of detention centers and prison management agencies that have nothing to do with the exercise of powers; (5) self-injury or self-mutilation and other intentional acts causing damage; (6) other circumstances stipulated by law.