After the appeal of a criminal case is successful, the state judicial organ shall make state compensation in accordance with the provisions of the State Compensation Law. However, the lawyer's fees paid by the parties to the law firm for entrusting lawyers do not fall within the scope of compensation stipulated in the State Compensation Law, and the state will not compensate them.
State compensation law
Article 32 The main form of state compensation is to pay compensation.
Property that can be returned or restored to its original state shall be returned or restored to its original state.
Thirty-third violations of citizens' personal freedom, the daily compensation shall be calculated according to the average daily salary of employees in the previous year.
Thirty-fourth violations of citizens' right to life and health, the amount of compensation shall be calculated in accordance with the following provisions:
(a) causing physical injury, it shall pay medical expenses and nursing expenses, and compensate for the income reduced due to absenteeism. The daily compensation for income reduction is calculated according to the average daily salary of employees in the previous year, and the maximum is five times the average annual salary of employees in the previous year;
(2) If part or all of the working ability is lost, medical expenses, nursing expenses, living AIDS for the disabled, rehabilitation expenses, other necessary expenses due to disability and expenses necessary for continuing treatment shall be paid, and disability compensation shall be paid. Disability compensation is determined according to the degree of disability and the level of disability stipulated by the state, and the maximum is not more than 20 times of the average annual salary of employees in the previous year. If it causes complete loss of working ability, it shall also pay living expenses to the disabled person it supports;
(3) If death is caused, death compensation and funeral expenses shall be paid, the total amount of which shall be 20 times of the average annual salary of employees in the previous year. Living expenses shall also be paid to those who were unable to work and were supported by the deceased before his death.
The payment standard of living expenses stipulated in items (2) and (3) of the preceding paragraph shall be implemented with reference to the local minimum living standard. If the dependant is a minor, the living expenses shall be paid to the age of eighteen; Other people who are unable to work shall be paid living expenses until their death.
Article 35 If one of the circumstances specified in Article 3 and Article 17 of this Law causes mental damage to people, it shall, within the scope of the infringement, eliminate the influence, restore its reputation and apologize to the victim; If serious consequences are caused, the corresponding mental damages shall be paid.
Thirty-sixth violations of the property rights of citizens, legal persons and other organizations, resulting in damage, in accordance with the following provisions:
(a) fines, fines, recovery, confiscation of property or illegal expropriation and requisition of property, return of property;
(2) If the property is sealed up, seized or frozen, the sealing up, seizure and freezing shall be lifted, and if the property is damaged or lost, compensation shall be made in accordance with the provisions of Items (3) and (4) of this article;
(3) If the property that should be returned is damaged, it can be restored to its original state; If it cannot be restored to its original state, it shall be compensated according to the degree of damage;
(four) if the property that should be returned is lost, the corresponding compensation shall be paid;
(five) if the property has been auctioned or sold, the price of the auction or sale shall be paid; If the sale price is obviously lower than the value of the property, corresponding compensation shall be given;
(six) revoke the license and license, ordered to suspend production and business, and compensate for the necessary recurrent expenses during the suspension period;
(seven) when returning the execution fine or fine, the recovered or confiscated money, the unfrozen deposit or remittance, it shall pay the bank deposit interest for the same period;
(eight) if other damage is caused to the property right, compensation shall be paid according to the direct loss.