Xu, 54 years old, is a salesman of mechanical and electrical company of Guzhen County Materials Bureau, Anhui Province. In 2004, he was arrested on suspicion of corruption by Guzhen County Procuratorate-Tea Garden Institute. After 53 days of detention, he was released on bail pending trial. In 2006, the case was transferred for review and prosecution, with a delay of 1 1 year.
Until 20 17 165438124 October, Guzhen county procuratorate-chayuan decided not to prosecute Xu.
20 18 65438+ 10/0 learned from the county procuratorate-chayuan that it has submitted an application for state compensation and is currently communicating with the procuratorate-chayuan on related issues.
The case dragged on for more than ten years, and the Provincial Procuratorate-Chayuan intervened.
2017165438+127 October, after receiving the notice, Xu went to the Guzhen County Procuratorate-Tea Garden to get the decision of not suing. He said that the decision was read to him by the staff of the procuratorate in the office.
According to the decision of Guzhen County Procuratorate-Tea Garden not to prosecute, the case of Xu's alleged corruption was terminated by our investigation and transferred for review and prosecution on April 7, 2006. During the review, after two supplementary investigations-investigation, "the court still believes that the facts are unclear and the evidence is insufficient, which does not meet the conditions for prosecution."
Xu admitted that she was so excited that she almost cried. "I suppressed 13 years. They told me that I am no longer a suspect. "
13 years ago, as a salesman of the company, Xu was arranged by the company to sell cars in Shanghai, Beijing and other places. In June, 2004, 165438+ 10, Guzhen County Procuratorate-Tea Garden thought Xu was suspected of corruption at work, and filed a case for investigation.
According to the case file, Xu was arrested on June 5438+065438+ 10, 2004, released on bail 53 days later, and transferred for review and prosecution on April 65438+July 2006. In the following 1 1 years, Gushi County Procuratorate-Tea Garden did not make a decision to prosecute or not to prosecute him.
"For more than a decade, I have been pressured by the identity of a criminal suspect and have been afraid that others will look down." Xu said that over the years, he has visited the procuratorate many times and the case has not been closed. On April 20 17, he learned from TV news that the inspection team of Anhui Inspection and Testing Institute was stationed in Bengbu, and he went to Bengbu to submit relevant materials to the inspection team. Since then, the Anhui Provincial Procuratorate has asked the Bengbu City Procuratorate to investigate the case.
"The Municipal Procuratorate attached great importance to it and let me make four transcripts." Xu shanzhen said.
It was not until 20 17,165438+127 that Xu Cai got the decision of non-prosecution from the county procuratorate-Tea Garden, and his suspected corruption case was known. It took 13 years from arrest to non-prosecution, of which 1 1 year, and the case was in the stage of "examination and prosecution".
Regarding the time limit for examination and prosecution of criminal cases, Article 169 of China's Criminal Procedure Law stipulates that after the case is transferred for examination and prosecution, the procuratorial organ shall make a decision within 1 month, and the major and complicated cases may be extended by half a month.
Zhou Zhaocheng, a lawyer of Beijing Zhong Yong Law Firm, said that sometimes the time limit for review and prosecution will be returned to the supplementary investigation-investigation, and the jurisdiction of the inspection-inspection office will be changed. "Including these factors, the longest period of review and prosecution is 8 months."
However, Zhou Zhaocheng pointed out that if the suspect is not detained, if he is released on bail pending trial, the procuratorate will not be subject to the above time limit for examination and prosecution. "But it must also follow the principle of speed and timeliness, and must not interrupt the review of the case."
The application for compensation has been accepted. "I once sold my house because I couldn't find a job."
One month after receiving the decision of Guzhen County Procuratorate-Tea Garden not to prosecute, Xu got the bail of 15450 yuan.
June 5438 +2005 10, and the deposit of 60,000 yuan was allowed. According to its introduction, in 2006, he received a deposit of 44,500 yuan from the county inspection office, and the rest of the money has been received this time.
"The 60,000 deposit I borrowed at the interest of two points was fully paid off this year." Xu said that for more than a decade, he could not find a job in the local area because of his identity as a "criminal suspect"; After he came out of the detention center that year, his body developed symptoms such as diabetes and high blood pressure. Later, because of his "suspect" status, he failed to get a buyout subsidy from the unit restructuring. In order to make a living, he sold his two houses 1 1000 yuan, so that he could rent a house outside for 200 yuan a month.
After learning that he can apply for state compensation, Xu is very happy. Apply to Guzhen County Procuratorate for compensation of 590,000 yuan for various losses, including "individual self-compensation, medical expenses and mental damage compensation".
Guzhen County Procuratorate-Tea Garden Criminal Compensation Filing Notice shows that on February 4, 2065438+2007, our hospital accepted the application for compensation and decided to file a case for review.
Regarding the relevant situation of compensation, the staff of the procuratorate, Cha Yuan, recently took the initiative to communicate with him, "with a good attitude towards me".
There are too many mistakes-cases-mistakes-cases.