What is the full text of judicial interpretation of criminal compensation cases? Explanations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Compensation Cases (20/KOOC-0/5/KOOC-0/2/KOOC-0/4/KOOC-0/67/KOOC-0/meeting of the Supreme People's Court Judicial Committee, 20/KOOC-0/5/KOOC-0/22/. Kloc-0/5] Several issues concerning the application of law in handling criminal compensation cases are explained as follows: Article 1 Where a claimant for compensation has infringed upon his personal rights and property rights by the organs exercising the powers of investigation, prosecution and trial, detention centers, prison administration organs and their staff, it falls under the circumstances stipulated in Articles 17 and 18 of the State Compensation Law, and applies for state compensation, it falls within the scope of criminal compensation stipulated in this interpretation. Article 2 After the measures of detention and arrest are lifted or revoked, if the case is not revoked, but a decision is made not to prosecute or not to be guilty, the investigation of criminal responsibility shall be terminated in accordance with the provisions of Items 1 and 2 of Article 17 of the State Compensation Law: (1) The case-handling organ decides to terminate the investigation of the criminal suspect; (2) After the measures of obtaining bail pending trial, residential surveillance, detention and arrest are lifted or revoked, the case-handling organ refuses to transfer the prosecution, and makes a decision not to prosecute or revoke it for more than one year; (3) When the statutory time limit for obtaining a guarantor pending trial and residential surveillance expires, the case-handling organ fails to transfer the prosecution, makes a decision not to prosecute or rejects the prosecution for more than one year; (4) The people's procuratorate has withdrawn the prosecution for more than 30 days without making a decision not to prosecute; (five) more than thirty days after the people's court decided to dismiss the prosecution, the people's procuratorate has not made a decision not to prosecute; (6) The people's court allows the private prosecutor to withdraw the criminal private prosecution case, or the people's court decides to treat the criminal private prosecution case as a withdrawn case. If the organ liable for compensation has evidence to prove that the criminal responsibility has not been terminated, the compensation committee of the people's court shall, after verification, make a ruling to reject the compensation application of the claimant. Article 3 After taking measures such as seizure, seizure, freezing and recovery of property, in any of the following circumstances, if the case-handling organ fails to lift the seizure, seizure, freezing and other measures or return the property according to law, it is an act of infringement of property rights as stipulated in Article 18 of the State Compensation Law: (1) The claimant for compensation has evidence to prove that the property has nothing to do with the pending criminal case, which is verified through investigation; (2) Termination of investigation, dismissal of cases, non-prosecution, acquittal and termination of criminal responsibility; (3) taking measures such as obtaining a guarantor pending trial, residential surveillance, detention and arrest, and refusing to transfer the case for prosecution, make a non-prosecution or withdraw the case after the compulsory measures are terminated or lifted or the statutory compulsory measures expire for more than one year; (4) Failing to take measures such as bail pending trial, residential surveillance, detention and arrest after filing the case, failing to transfer the case for prosecution, making a decision not to prosecute or withdrawing the case for more than two years; (five) the people's procuratorate has not made a decision not to prosecute for more than thirty days after withdrawing the prosecution; (six) more than thirty days after the people's court decided to dismiss the prosecution, the people's procuratorate has not made a decision not to prosecute; (seven) to deal with the property that has not been dealt with by the effective ruling or to deal with the property in other ways. Under any of the circumstances specified in Items (3) to (6) of the preceding paragraph, the organ liable for compensation has evidence to prove that the investigation of criminal responsibility has not been terminated, and after verification by the compensation committee of the people's court, it shall rule to reject the compensation application of the claimant. Article 4 When making a compensation decision, the organ liable for compensation shall inform the claimant of the right to apply for reconsideration to the organ at the next higher level of the organ liable for compensation within 30 days. If the organ liable for compensation fails to inform it according to law and the claimant applies for reconsideration within two years from the date of receiving the compensation decision, the reconsideration organ shall accept it. The provisions of the preceding paragraph shall apply to the compensation committee of the people's court in handling the application for compensation. Article 5 The termination of criminal responsibility after taking criminal detention measures against citizens belongs to illegal criminal detention as stipulated in Item 1 of Article 17 of the State Compensation Law: (1) Taking detention measures in violation of the conditions stipulated in the Criminal Procedure Law; (2) Taking detention measures in violation of the procedures stipulated in the Criminal Procedure Law; (3) 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. Personal freedom compensation for illegal criminal detention shall be calculated from the date of detention. Article 6 In a case of combined punishment for several crimes, part of the charges are not established after retrial, and the sentence exceeds the sentence determined in the retrial judgment. Citizens who apply for state compensation for extended detention shall decide on compensation. Article 7 In accordance with the provisions of the second and third paragraphs of Article 19 of the State Compensation Law, the State shall not be liable for compensation if persons who are not criminally liable according to the provisions of Articles 17 and 18 of the Criminal Law and those who are not investigated for criminal liability according to the provisions of Article 15 and the second paragraph of Article 173 of the Criminal Procedure Law are detained. However, if criminal detention, fixed-term imprisonment or life imprisonment are wrongly sentenced and executed after being prosecuted by the people's court, the people's court shall make compensation for violations of citizens' personal freedom during their continued imprisonment after the judgment is confirmed. Article 8 Where the organ liable for compensation claims to be exempted from the liability for compensation according to the circumstances specified in Item 1 and Item 5 of Article 19 of the State Compensation Law, it shall bear the burden of proof for the establishment of the exemption. Article 9 If a citizen who has suffered damage dies, his heirs and other close relatives have the right to apply for state compensation. If there are several heirs in the same order who have the right of inheritance according to law, and one or more of them apply for state compensation as the claimant, the application is valid for all. When there are several claimants, if one or some of them apply for withdrawal or waiver of their claims without the consent of all, the effect is not as good as that of other claimants who have not explicitly indicated their withdrawal or waiver of their claims. Article 10 Where a detention center and its staff infringe upon the lawful rights and interests of citizens in the exercise of their functions and powers, the competent authority of the detention center shall be the organ liable for compensation. Article 11 If a citizen is arrested after being detained, and the state has the obligation to make compensation, the organ that made the arrest decision shall be the organ liable for compensation. Article 12 If a person is convicted in the first instance and sent back for retrial in the second instance under any of the following circumstances, it belongs to the retrial as stipulated in the fourth paragraph of Article 21 of the State Compensation Law, and the people's court that made the verdict of guilty in the first instance is the organ liable for compensation: (1) The people's court that originally tried the case declared innocence and it has become legally effective; (2) During the retrial, the people's procuratorate decides not to prosecute; (3) The people's procuratorate withdrew the prosecution for more than 30 days during the retrial, or the people's court decided to withdraw the prosecution for more than 30 days without making a decision not to prosecute. If a retrial is conducted in accordance with the procedure of trial supervision and acquittal is changed, the people's court that made the original effective judgment shall be the organ liable for compensation. Thirteenth medical expenses compensation shall be determined according to the receipts of medical expenses, treatment expenses and hospitalization expenses issued by medical institutions, combined with medical records and diagnosis certificates and other relevant evidence. The organ liable for compensation shall bear the burden of proof if it disagrees with the necessity and rationality of the treatment. Article 14 The compensation for nursing expenses shall be calculated according to the local labor remuneration standard for nurses engaged in the same level of nursing, and in principle, the nursing expenses shall be calculated according to the standard of 1 nurse; However, if the medical institution or judicial appraiser has a clear opinion, the number of nurses can be determined by reference and the corresponding nursing expenses can be compensated. The nursing period is calculated until the citizens recover their self-care ability. Citizens who cannot recover their self-care ability due to disability can determine a reasonable nursing period according to their age, health status and other factors, which generally does not exceed 20 years. Article 15 The compensation for assistive devices for the disabled shall be calculated according to the standard of reasonable expenses for common applicable devices. If the injury has special needs, it can be determined by referring to the opinions of the auxiliary equipment preparation organization. The replacement cycle and compensation cycle of auxiliary appliances are determined with reference to the opinions of the organization. Article 16 The lost time fee and compensation fee for reduction shall be determined according to the lost time fee of injured citizens and the average daily salary of employees in the previous year, and the maximum shall not exceed five times the average annual salary of employees in the previous year. The time lost for work is determined according to the certificate issued by the medical institution where citizens receive treatment. If a citizen continues to be absent from work due to injury and disability, the absence time can be calculated to the day before the disability grade appraisal, which can be used as the basis for determining compensation. Article 17 When making compensation for a citizen's physical disability, the degree of the citizen's disability shall be determined according to the disability grade of the judicial appraiser, and the disability compensation shall be determined with reference to the following standards: (1) If a citizen is determined to have a disability of Grade I to Grade IV according to the disability grade prescribed by the state, he shall be deemed to have completely lost his ability to work, and the range of the disability compensation shall be ten to twenty times of the average annual salary of employees in the previous year; (two) according to the disability level stipulated by the state, if a citizen is determined to be disabled at level 5 to level 10, it is regarded as partial loss of working ability. Five to six, the disability compensation range is five to ten times the average annual salary of employees in the previous year; Seven to ten, the disability compensation range is less than five times the average annual salary of employees in the previous year. If a citizen who has the obligation to support him partially loses the ability to work, he can determine the disability compensation according to the level of disability and with reference to the loss of the source of livelihood of the dependents, and the maximum amount shall not exceed 20 times of the average annual salary of the national employees in the previous year. Article 18 If all the injured citizens lose their ability to work, the living allowance standard for the dependent who has no ability to work shall be implemented with reference to the minimum living guarantee standard determined by the provincial people's government where the dependent lives when the compensation decision is made. If the maintenance period can be determined, the living expenses can be determined through consultation and paid in one lump sum. If the maintenance period cannot be determined, the maintenance period can be determined according to the upper limit of 20 years, and the living expenses can be paid in one lump sum. If the dependents are over 60 years old, the maintenance period will be reduced by one year for each additional year; If the age of the dependent exceeds the determined maintenance period, the dependent can receive living expenses year by year until his death. Article 19 Anyone who infringes upon the property rights of citizens, legal persons and other organizations and causes damage shall be liable for compensation in accordance with the provisions of Article 36 of the State Compensation Law. If the property cannot be restored to its original state or lost, the property loss shall be calculated according to the market price at the time of loss or other reasonable methods. Article 20 When returning the executed fines, fines, recovered or confiscated funds and unfreezing the frozen remittances, the bank shall pay the deposit interest for the same period, and the interest rate shall be determined with reference to the benchmark interest rate of RMB one-year lump-sum time deposit announced by the People's Bank of China at the time when the organ liable for compensation makes the compensation decision, and compound interest shall not be calculated. Where the reconsideration organ or the compensation committee of the people's court changes the original compensation decision, the interest rate shall be determined with reference to the benchmark interest rate of one-year RMB lump-sum time deposit announced by the People's Bank of China at the time when the new decision is made. The interest-bearing period starts from the time when the infringement occurs and ends when the compensation decision takes effect; However, if the infringement stops before the effective compensation decision is made, it shall be counted until the infringement stops. If the confiscated and recovered funds belong to the legal deposit of the claimant in a financial institution, interest shall be calculated at the interest rate agreed in the deposit contract during its existence. Article 21 The previous year as stipulated in Articles 33 and 34 of the State Compensation Law refers to the previous year when the organ liable for compensation made a compensation decision; If the reconsideration organ or the compensation committee of the people's court changes the original compensation decision, the compensation for personal freedom shall be calculated according to the average wage standard of national employees in the previous year when the new decision is made. When making a compensation decision or reconsideration decision, if the average salary of employees in the previous year has not been announced, the published average salary of employees in the previous year shall prevail. (1) The decision of the organ liable for compensation not to apply for reconsideration or to apply for state compensation from the compensation committee of the people's court at the next higher level within the time limit stipulated in Article 24 of the State Compensation Law; (two) the reconsideration decision of not applying for state compensation to the compensation committee of the people's court within the time limit stipulated in Article 25 of the State Compensation Law; (3) The compensation decision made by the compensation committee of the people's court. The legally effective decisions and reconsideration decisions of the organ liable for compensation have the same legal effect as the legally effective compensation decisions of the compensation committee and must be implemented according to law. Article 23 This Interpretation shall come into force as of 20061October 2065438+65438. If the judicial interpretations issued by the Supreme People's Court and the Supreme People's Procuratorate before the implementation of this interpretation are inconsistent with this interpretation, this interpretation shall prevail. If you want to protect your rights and interests through the law, I suggest you consult online and have a professional team of lawyers to answer your questions and protect your rights and interests in a timely and legal manner.
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Judicial Interpretation of the State Compensation Law Article 7 If the claimant thinks that the organs, detention centers, prison management organs and their staff exercising the powers of investigation, procuratorial work and trial have one of the circumstances stipulated in Article 17 (1), (2) and (3) and Article 18 of the revised State Compensation Law when exercising their powers, he shall file a claim for compensation after the criminal proceedings are terminated, except for the following circumstances: (1) The claimant has evidence to prove that there is no criminal case pending. (2) The victim of a criminal case claims compensation in accordance with the provisions of Article 198 of the Criminal Procedure Law on the grounds that the property has not been returned or that the returned property has been damaged.