The court misjudged the case, but it has been executed. Who will be responsible for this matter and how to deal with it?

In real life, the court is the representative of fair law enforcement, but due to the complexity of the case, the court will inevitably produce unjust, false and wrong cases, which is more painful for the parties and will have a certain impact on their spirit and even life. Therefore, for the court, if there are unjust, false and wrong cases, it is also necessary to investigate the responsibility. Then, how can the court investigate the responsibility after misjudging the case?

First of all, if you think the court made a mistake in the first instance, then you can appeal directly to a higher court.

Then, if you are dissatisfied with the judgment of the second instance, that is, the final judgment, you can't appeal, but you can apply to the procuratorate for protest or to the court for retrial.

Finally, if in criminal cases or administrative cases, it is proved that the court has misjudged the case, which has caused certain property and life safety violations and losses to the parties, the parties may demand state compensation.

Then, what principles should the court and the parties adhere to in the investigation of the responsibility for misjudged cases?

First, we must follow the principle of seeking truth from facts, and once we find mistakes, we must investigate them;

Second, the responsibility for misjudged cases is to be responsible for life;

Third, conduct trials according to the law and regulations, and follow all procedural requirements;

Fourth, you are responsible for your own responsibility, and the punishment is aimed at the wrong place;

Fifth, combine punishment with education.

In fact, for civil cases tried by the court, the injured citizens should receive compensation for misjudged cases. So, what is the specific scope of compensation?

According to the provisions of Article 17 of the State Compensation Law, if the organs, detention centers, prison management organs and their staff exercising the functions and powers of investigation, prosecution and trial infringe upon personal rights in the exercise of their functions and powers, the victims have the right to compensation:

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, but the detention time exceeds the time limit stipulated in the Criminal Procedure Law, and then deciding to dismiss the case, not to prosecute or declare innocent, and terminate criminal responsibility;

After taking arrest measures against citizens, they decide to dismiss the case, not to prosecute or terminate the investigation of criminal responsibility after being acquitted;

In accordance with the procedure of trial supervision, the retrial is changed to acquittal, and the original judgment has been executed;

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;

Illegal use of weapons and police equipment causes physical injury or death to citizens.

According to the provisions of Article 18 of the State Compensation Law, if the organs, detention centers, prison management organs and their staff exercising the functions and powers of investigation, prosecution and trial infringe upon property rights in the exercise of their functions and powers, the victims have the right to compensation:

Illegal seizure, seizure, freezing or recovery of property;

According to the procedure of trial supervision, the retrial was changed to acquittal, and the original judgment of fine and confiscation of property has been executed.

Article 19 The State shall not be liable for compensation in any of the following circumstances:

Being detained or sentenced to punishment for deliberately making false statements or forging other criminal evidence;

Persons who are not criminally responsible according to the provisions of Articles 17 and 18 of the Criminal Law are detained;

A person who is not investigated for criminal responsibility according to Article 15, Paragraph 2 of Article 173, Paragraph 2 of Article 273 and Article 279 of the Criminal Procedure Law is detained;

Personal behavior of the staff of the organs exercising the powers of investigation, prosecution and trial, as well as detention centers and prison management organs, which has nothing to do with the exercise of their powers;

Damage caused by intentional acts such as self-injury or self-injury of citizens.

Therefore, if the parties really encounter unfair trial, they can appeal or apply for retrial. If, after investigation by the supervisory organ, it is proved that there is a fact that a judge has illegally decided a case, then the judge can be disciplined, and criminal responsibility can be investigated if the circumstances are serious.