In fact, the state has special legal protection. According to the provisions of Articles 17 and 33 of the State Compensation Law, the victim has the right to receive state compensation after retrial and acquittal according to the procedure of trial supervision. Violation of citizens' personal freedom, the daily compensation shall be calculated according to the average daily salary of employees in the previous year. According to the data of Ministry of Human Resources and Social Security, China, the average daily salary of employees in 20 19 was 346.75 yuan. The amount of state compensation received by Zhang Yuhuan is 9778 days *346.75 yuan/day =339052 1.5 yuan.
Then let's take a look at the recent poisoning case of Wu Chunhong in Henan. 15 years in prison, acquitted, and the state compensated 2.62 million yuan. ( 15? 365 days? 346.75= 1, 898,456.25 yuan) If calculated according to this ratio, plus 28% of mental compensation and related compensation.
For the longer time in Zhang Yuhuan, we calculate it as 30%, 3,390,521.5? 0.7 = 4843602.1428 575438+0 yuan. So personally, it seems to be about 5 million yuan, but no amount of compensation and relief can make up for the misjudgment and misjudgment of this case, which is harmful to the family and the parties.
On August 4th, Zhang Yuhuan's retrial for murder, which attracted much attention, was publicly pronounced in Jiangxi Higher People's Court. On the suggestion of the prosecution, Zhang Yuhuan was acquitted. Regarding the question of whether you can apply for state compensation after being released from prison, one of the defenders, Lawyer Shang, said that once you get an acquittal in legal proceedings, you can apply for state compensation, and the application process does not exceed half a year. In this case, the specific compensation should wait until Zhang Yuhuan himself is released from prison, and then decide whether it is applicable or not according to his own wishes. Shang said that he would help to apply for about 7 million yuan of state compensation.
Decades ago, criminal investigation means and technology were not so developed. We looked through the records of fugitives, including some who committed criminal cases in the 1970s and 1980s. Our country is also constantly strengthening the logic and reasoning of the evidence chain of major criminal cases. I believe that there will be fewer and fewer such unjust, false and wrong cases, and people who have been unjustly imprisoned can also get their innocence and compensation.