1In July, 1996, Zhao Zhu and Wang Xiaolin, the mother and daughter of Yulin, Shaanxi Province, were arrested on suspicion of intentional homicide. Two years later, the prosecution revoked the arrest decision and they were released. Subsequently, both of them applied for state compensation, and Yuyang District, Yulin City Procuratorate and Yulin City Intermediate People's Court decided not to pay compensation on the grounds that they deliberately made false statements to public security personnel after the incident and misled the investigation direction.
The Higher People's Court of Shaanxi Province stated that although they made statements against themselves, there was no evidence in this case that they wanted to deceive or mislead the judiciary or bear criminal responsibility for others, nor could they prove that the complainant wanted to be arrested or convicted and sentenced. The complainant did not intentionally commit perjury, so it cannot be concluded that the complainant intentionally committed perjury.
After being locked up for more than 800 days, he admitted to killing at the investigation stage.
Zhao Zhu was born in 1954, and his daughter Wang Xiaolin was born in 1975. Both of them are farmers in Liuqianhe Township, Yuyang District, Yulin City, Shaanxi Province. 1996, mother and daughter were involved in a murder case.
The compensation decision made by the Higher People's Court of Shaanxi Province shows that on July 6, Mi Moumou, a 996-year-old girl from Mijiagou Team, Kangjiawan, Liuqianhe Township, Yulin City, was found hanging from her window by her family, and the Yuyang District Public Security Bureau of Yulin City launched an investigation after receiving the report. On July 9 of the same year, when Yuyang Public Security Bureau inquired about Zhao Zhu, Zhao Zhu confessed that she and her daughter Wang Xiaolin killed Mi Moumou, and
June 65438+July 0996 Yuyang Public Security Bureau of Yulin City took Zhao Zhu and Wang Xiaolin into custody for examination on suspicion of intentional homicide. 1997 65438+1October 3 1 Yuyang district procuratorate approved the arrest of Zhao Zhu and Wang Xiaolin on suspicion of intentional homicide. On April 24th, case 1997 was transferred by Yuyang Public Security Bureau to Yuyang District Procuratorate for review and prosecution, and in June of the same year 1 1 was submitted by Yuyang District Procuratorate.
1998165438+1October 17 Yulin City Procuratorate revoked its decision to approve the arrest of Mi Moumou on the grounds that the existing evidence could not prove that he was responsible for his death.1998 65438+1. In this process, Zhao Zhu was detained for 865 days and Wang Xiaolin was detained for 866 days.
Later, Zhao Zhu and Wang Xiaolin filed an application for state compensation with Yuyang District Procuratorate.
Yulin Law Inspection rejected their applications for state compensation.
Yuyang District Procuratorate made a criminal compensation decision on March 28th, 2006. According to the decision, Zhao Zhu and Wang Xiaolin made guilty confessions before being taken into custody by the public security organs, which misled the investigation direction, so that the public security organs decided to take custody review measures against them according to their confessions until the procuratorate approved their arrest.
Paragraph 1 of Article 19 of the State Compensation Law of People's Republic of China (PRC) stipulates that if a citizen is detained or sentenced for intentionally giving false testimony or forging other guilty evidence, the state shall not be liable for compensation. Yuyang District Procuratorate believes that according to the above provisions, the organ liable for compensation shall not be liable for compensation.
Zhao Zhu and Wang Xiaolin refused to accept the decision of Yuyang District Procuratorate not to pay compensation and filed a reconsideration with Yulin City Procuratorate. Yulin City Procuratorate made a decision on July 4th, 20 16 to reject Zhao Zhu and Wang Xiaolin's application for state compensation.
The two refused to accept the application and filed an application for compensation with the Compensation Committee of Yulin Intermediate People's Court. In the reasons for the application, Zhao Zhu said, "I didn't sign all the signatures in the transcript, and in the transcript of the first guilty confession, the innocent statement and the guilty confession presented two completely different fonts, which were obviously recorded by different people. It is difficult to explain that the transcript of the conversation is an objective record of the conversation at that time, which can truly, clearly and accurately reflect the meaning. It is not excluded that public security organs are suspected of inducing, inducing confessions or extorting confessions by torture. "
"The People's Procuratorate of Yuyang District conducted an investigation with the case handlers of Zhao Zhu and Wang Xiaolin suspected of intentional homicide in the former Yuyang Public Security Bureau, and found out that Zhao Zhu and Wang Xiaolin were not threatened, lured, deceived or extorted confessions by torture when they were asked and interrogated." According to the compensation decision of Yulin Intermediate People's Court, in the investigation stage, Zhao Zhu and Wang Xiaolin deliberately made guilty confessions to the investigators of public security organs, making themselves the targets of prosecution. Their intentional behavior misled the judiciary, which was a deliberate false confession, and rejected Zhao Zhu's mother and daughter's application for compensation.
The two refused to accept the judgment of Yulin Intermediate People's Court and filed a complaint with Shaanxi High Court.
The two each received compensation of more than 250,000 yuan.
20 17 On February 22nd, the compensation committee of Shaanxi Higher People's Court made a compensation decision and revoked the compensation decision of Yulin Intermediate People's Court.
The Higher People's Court of Shaanxi Province held that the focus of this case was whether the plaintiffs Zhao Zhu and Wang Xiaolin deliberately made false statements. Citizens deliberately make false statements, which means that they voluntarily make statements that are inconsistent with the facts in order to deceive or mislead the judicial organs, or to take responsibility for others. Whether the above situation exists, the organ liable for compensation shall bear the burden of proof.
The Higher People's Court of Shaanxi Province held that although Zhao Zhu and Wang Xiaolin had statements against themselves, there was no evidence in this case that the complainants Zhao Zhu and Wang Xiaolin wanted to deceive or mislead the judicial organs, or bear criminal responsibility for others, nor could they prove that the complainants wanted to be arrested or convicted and sentenced. The complainant did not intentionally commit perjury, so it cannot be concluded that the complainant intentionally committed perjury.
The Higher People's Court of Shaanxi Province ruled that according to Article 17 of the People's Republic of China (PRC) State Compensation Law, the Yuyang District Procuratorate of Yulin City should be liable for compensation for the claimant (complainant) who was arrested without charge. Zhao Zhu was detained without charge for 865 days, and the compensation for personal freedom should be: 865× 258.89 = 223,939.85 yuan. Wang Xiaolin was detained without charge for 866 days, and the compensation for personal freedom should be 866×258.89 = 224 198.7 yuan.
The Higher People's Court of Shaanxi Province held that Zhao Zhu and Wang Xiaolin were restricted in their personal freedom and suffered certain physical and mental injuries, so they should pay corresponding mental damages. According to the mental damage caused by Zhao Zhu and Wang Xiaolin's long-term detention and the local economic and social development, combined with the spirit of relevant documents of the Supreme People's Court, Yuyang District Procuratorate paid them 30,000 yuan for mental damage.