(1) Taking detention measures against citizens in violation of the provisions of the Criminal Procedure Law, or 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, and then deciding to dismiss the case, not to prosecute or terminate the investigation of criminal responsibility; (2) After taking measures to arrest a citizen, he decides to dismiss the case, not to prosecute, or to terminate the investigation of criminal responsibility after being acquitted; (three) according to the procedure of trial supervision, the retrial is changed to innocence, and the original sentence has been executed; (4) extorting a confession by torture or beating or maltreating others, causing bodily injury or death to citizens, or instigating or conniving others to beat or maltreat others; (five) the illegal use of weapons and police equipment, resulting in physical injury or death of citizens.
The situation in Zhang Yuhuan meets the three provisions of Article 17 of criminal compensation: (2), (3) and (4).
The first is compensation. The Supreme People's Court issued a notice in May this year, 18. The national compensation decision made since May involves infringement of citizens' personal freedom, and the compensation standard is 346.75 yuan per day. Zhang Yuhuan was detained for 9778 days. According to this regulation, he can get 346.75X9778 = 339 billion yuan.
Secondly, compensation for mental damage. Article 35 of the State Compensation Law stipulates that if one of the circumstances specified in Articles 3 and 17 of this Law causes mental damage to people, the influence shall be eliminated within the scope of the infringement, the reputation shall be restored, and an apology shall be made to the victim; If serious consequences are caused, the corresponding mental damages shall be paid.
Compensation for mental damage, this compensation is not detailed and difficult to estimate, but you can refer to similar cases. On April 20th, 20 18, Liu Zhonglin, who had been wronged for 23 years, was retried and acquitted by Jilin Provincial High Court. In the judgment of Liaoyuan Intermediate People's Court on October 7th, 2020, Liu Zhonglin's compensation for mental damage was as high as1970,000. Comparing the two cases, Zhang Yuhuan's compensation should be more than 2 million.
Others include medical expenses, nursing expenses, lost time, transportation expenses, etc. All these add up to a lot of money.