Criminal detention after acquittal can apply for state compensation. According to Article 17 of the State Compensation Law, if the authorities exercising the powers of investigation, prosecution and trial, as well as the authorities administering detention centers and prisons and their staff, in the exercise of their powers, violate the right of the person in one of the following ways, the victim shall have the right to obtain compensation:
1. If a citizen is detained in violation of the provisions of the Criminal Procedure Law, or if a citizen is detained in accordance with the conditions and procedures prescribed by the Criminal Procedure Law, but is detained for a period longer than the time limit prescribed by the Criminal Procedure Law, and a decision is made to dismiss the case, not to prosecute, or a verdict of acquittal is passed to terminate the pursuit of criminal responsibility;
2. If a citizen is arrested and a decision is made to dismiss the case, not to prosecute, or a verdict of acquittal is passed to terminate the pursuit of criminal responsibility;
3. has been carried out;
4. Extorting confessions by torture, or causing bodily injury or death by beating or ill-treatment, or instigating or indulging others in beating or ill-treatment;
5. Illegal use of weapons or police equipment causing bodily injury or death.
Expanded:
Case:
December 4, the Jilin Provincial Higher People's Court in Tonghua City, the final verdict of the defendant Yong Kui Kui suspected of murder. Yong Kui Kui was acquitted in court and was released immediately. Yong Kui Kui suspected of murder, from the case to the final judgment has lasted seven years, Tonghua City Intermediate People's Court twice sentenced to death, a death sentence. The Jilin Provincial Higher People's Court twice remanded for retrial, both of which found the facts unclear and the evidence insufficient.
At 11:00 on January 19, 2008, the Tonghua City Public Security Bureau Dongchang Branch received a report from Yin that his 74-year-old mother, Bai, had been killed in her vegetable and fruit store. The police found a bag of oranges in a hallway during a visit near the scene. Combined with the scene of the crime there are scattered oranges this situation, the police believe that may be related to the case, will be extracted and sent to the examination, fingerprints, which has Yong Kui Kui from the rural areas of Siping City. After identification, the only identifiable fingerprints on the plastic bag and Yong Kui Kui fingerprints consistent.
July 2009, Tonghua City Intermediate People's Court sentenced Yong Kui Kui to death for intentional homicide, suspended for two years. Yong Kui Kui not convinced, to be "torture to force confessions" as the reason, filed an appeal. The Jilin Provincial High Court ruled that the facts of the case were unclear and the evidence was insufficient, reversed the original sentence and remanded for retrial.
Tonghua Municipal Court, in December 2010, again sentenced Yong Kui Kui to death for robbery. The court said, "I don't know how to do this, but I don't know how to do this," but I don't know how to do this, and I don't know how to do this, and I don't know how to do this, and I don't know how to do this, and I don't know how to do this, and I don't know how to do this, and I don't know how to do this, and I don't know how to do this, and I don't know how to do this, and I don't know how to do this. The verdict of acquittal.
Yong Kui Kui's lawyer Wu Jingbo introduced, Yong Kui Kui was detained for 7 years and 9 months, applying for compensation of more than 2.82 million yuan, mainly including infringement of personal freedom compensation of 620,709 yuan; the various mental damage relief of 1.5 million yuan; infringement of the right to life and health compensation of 500,000 yuan; requesting compensation for the restoration of health and physical fitness, work skills, and work missed to reduce the loss of income 200,000 yuan, and Requesting to remove the influence, restore the reputation and apologize for the victim. Tonghua Intermediate People's Court has received the application for compensation.
Baidu Encyclopedia - State Compensation Law