Typical Cases of Criminal Compensation by People's Courts and People's Procuratorates

catalogue

1. Cheng Xihua's application to the Daguan District People's Court for retrial of the innocent state compensation case

2. Meng Qing's Application for National Compensation for Innocent Arrest by Qingxiu District People's Procuratorate 3. Zhu Shengji's Application for National Compensation for Innocent Arrest by Xuwen County People's Procuratorate

4. Hu Dianjie applied for a retrial of the innocent state compensation case by the Intermediate People's Court of Puyang City

5. Yang Suqin and Wang Youshen applied to the People's Procuratorate of Liaozhong County for criminal and illegal seizure of state compensation

6. Chen Weiguo and Liu Qiande's Application for National Compensation for Illegal Criminal Detention by Tonglu County Public Security Bureau

7. Huang Xing's application for retrial of the innocent state compensation case by the Fujian Provincial Higher People's Court

8. Teng Degang applied for national compensation for illegal inaction in Siping Prison, Jilin Province

Case 1

Cheng Xihua's Application to the Daguan District People's Court for Retrial of the Case of Innocent State Compensation

（1） Summary of the case

On April 27, 2006, Cheng Xihua, the former chairman and general manager of Anhui Anqing Machine Tool Co., Ltd., was criminally detained by the Daguan District People's Procuratorate of Anqing City on suspicion of corruption. He was arrested on May 11 of the same year and released on bail for trial on May 30 of the same year. On July 31, 2007, the Daguan District People's Court determined that Cheng Xihua had committed the crime of embezzlement and exempted him from criminal punishment. Cheng Xihua did not file an appeal and the judgment came into effect. On July 6, 2011, the Intermediate People's Court of Anqing City ruled in a retrial that Cheng Xihua was not guilty.

（2） Processing results

Cheng Xihua filed a national compensation application with the Daguan District People's Court, citing his innocence and being detained for 34 days. However, the Daguan District People's Court did not make a decision within the time limit. Cheng Xihua applied to the Compensation Committee of the Intermediate People's Court of Anqing City for a compensation decision. On July 23, 2014, the Compensation Commission of the Intermediate People's Court of Anqing City decided to reject Cheng Xihua's national compensation application on the grounds that the People's Court of Daguan District had exempted him from criminal punishment and had not actually violated his right to personal freedom. Cheng Xihua submitted an application for compensation supervision to the People's Procuratorate of Anqing City. The People's Procuratorate of Anqing City believes that the application of law in the national compensation decision is incorrect, and therefore requests the Anhui Provincial People's Procuratorate to supervise in accordance with the law. On June 19, 2015, the Anhui Provincial People's Procuratorate submitted a re examination opinion to the Compensation Committee of the Anhui Higher People's Court in accordance with Article 30, Paragraph 3 of the National Compensation Law. On September 6, 2015, the Compensation Commission of the Higher People's Court of Anhui Province made a compensation decision: to revoke the national compensation decision of the Compensation Commission of the Intermediate People's Court of Anqing City; The People's Court of Daguan District, Anqing City paid a personal freedom compensation of 7470.48 yuan to Cheng Xihua; The People's Court of Daguan District, Anqing City, restored Cheng Xihua's reputation within the scope of infringement and paid a compensation of 1200 yuan for mental damage.

（3） Typical significance

This case is about the post establishment of compensation obligation organs. In this case, when the Compensation Committee of the Intermediate People's Court of Anqing City made a decision, it only evaluated the exemption from criminal punishment and did not actually infringe on Cheng Xihua's right to personal freedom, and did not evaluate the previous detention, arrest, and detention behavior, which does not comply with the principle of post collection compensation determined in Article 21 of the National Compensation Law. The People's Procuratorate of Anhui Province has put forward supervisory opinions in accordance with the law, and the Compensation Committee of the Higher People's Court of Anhui Province has corrected the original illegal and improper compensation decision in accordance with the law, safeguarding the legitimate rights and interests of the compensation claimant Cheng Xihua, and achieving good legal and social effects.

Case 2

Meng Qing's Application for National Compensation for Innocent Arrest by the People's Procuratorate of Qingxiu District

（1） Summary of the case

On April 5, 2013, Meng Qingzheng was criminally detained by the Nanhu Branch of Nanning Public Security Bureau on suspicion of theft. On the same day, he was approved for arrest by the Qingxiu District People's Procuratorate of Nanning City. On June 27 of the same year, the Nanhu Branch of Nanning Public Security Bureau was transferred to the People's Procuratorate of Qingxiu District for examination and prosecution. On January 9, 2014, the People's Procuratorate of Qingxiu District decided not to prosecute the Mengqing dispute on the grounds of unclear facts and insufficient evidence, in accordance with Article 171 (4) of the Criminal Procedure Law.

（2） Processing results

On February 8, 2014, Meng Qingzheng filed a national compensation application with the Qingxiu District People's Procuratorate on the grounds of being wrongly detained for innocent arrest. The People's Procuratorate of Qingxiu District believes that Meng Qingzheng made false statements during the examination and arrest approval stage, admitting that his statements made by the public security organs were true, leading to the decision to approve the arrest, which falls under the circumstances stipulated in Article 19, Paragraph 1 of the National Compensation Law, and has decided not to compensate. Meng Qing submitted a reconsideration request to the Nanning People's Procuratorate. On June 13, 2014, the People's Procuratorate of Nanning City made a reconsideration decision, believing that there were flaws in the evidence extracted by the public security organs. During this period, the guilty statements made by Meng Qing should be excluded and should not be deemed as intentional false statements. The compensation requested by Meng Qing falls within the scope of compensation stipulated in Article 17 (2) of the National Compensation Law; The decision to revoke the criminal compensation decision of the Qingxiu District People's Procuratorate was made, and the Qingxiu District People's Procuratorate paid 55992.51 yuan as compensation for the personal freedom of Meng Qing.

（3） Typical significance

This case is a national compensation case regarding the application of exemption clauses. In this case, after the claimant for compensation, Meng Qingzheng, filed a compensation application, the People's Procuratorate of Qingxiu District, Nanning City, held that Meng Qingzheng made false guilty statements during the examination and approval of the arrest, leading to the decision to approve the arrest, which falls under the circumstances stipulated in Article 19 (1) of the National Compensation Law. The above determination overlooks the important differences between guilty confession and intentional false confession in terms of cognitive and willpower factors. That is to say, the People's Procuratorate of Qingxiu District cannot classify any guilty confession as intentionally making false statements. Only when it is found that the perpetrator subjectively did intentionally make a statement that is contrary to the objective truth can it be legally recognized as intentionally making false statements. In practice, if the compensation obligation agency advocates exemption from compensation liability in accordance with Article 19 (1) of the National Compensation Law, it shall bear the burden of proof for the establishment of the exemption.

Case 3

Zhu Shengji's Application for National Compensation for the Innocent Arrest of Xuwen County People's Procuratorate

（1） Summary of the case

On July 17, 2012, Zhu Shengji was criminally detained by the Xuwen County Public Security Bureau on suspicion of intentional injury. On the same day, he was approved for arrest by the Xuwen County People's Procuratorate. On August 3 of the same year, the Xuwen County Public Security Bureau transferred the case to the Xuwen County People's Procuratorate for examination and prosecution. On August 20 of the same year, the Xuwen County People's Procuratorate filed a public prosecution with the Xuwen County People's Court. On January 10, 2013, the People's Procuratorate of Xuwen County withdrew the lawsuit. On the same day, the People's Court of Xuwen County ruled to allow the People's Procuratorate of Xuwen County to withdraw the lawsuit. On the same day, the Public Security Bureau of Xuwen County applied to the People's Procuratorate of Xuwen County to withdraw the case. On the same day, the People's Procuratorate of Xuwen County agreed to the withdrawal of the case by the Public Security Bureau of Xuwen County. On February 8th of the same year, the Xuwen County Public Security Bureau changed the mandatory measure for Zhu Shengji to obtain bail pending trial.

（2） Processing results

On July 17, 2014, Zhu Shengji submitted a national compensation application to the People's Procuratorate of Xuwen County, believing that the court had illegally exercised its powers and caused damage to its legitimate rights and interests. On the 21st of the same month, the People's Procuratorate of Xuwen County decided not to file the case on the grounds that the public security organs have not yet revoked the case of Zhu Shengji's suspected intentional injury, the criminal proceedings have not been concluded, and the national compensation filing conditions are not met. On October 13 of the same year, Zhu Shengji applied for reconsideration to the People's Procuratorate of Zhanjiang City. On December 12, 2014, the People's Procuratorate of Zhanjiang City made a reconsideration decision, stating that in accordance with Article 459 of the Criminal Procedure Rules of the People's Procuratorate (Trial), the People's Procuratorate of Xuwen County withdrew its prosecution of Zhu Shengji's suspected intentional injury case to the People's Court of Xuwen County on the grounds of "changes in facts and evidence", and should make a non prosecution decision against Zhu Shengji within 30 days after withdrawing the prosecution. If the People's Procuratorate of Xuwen County fails to make a non prosecution decision against Zhu Shengji within the time limit, according to legal provisions, it can be considered that the criminal proceedings in this case have been concluded. The People's Procuratorate of Xuwen County believes that the criminal proceedings in this case have not yet been concluded, and the decision of Zhu Shengji's compensation application that does not meet the national compensation conditions is inappropriate; And it has been decided that the People's Procuratorate of Xuwen County shall pay a personal freedom compensation of 41542.83 yuan to Zhu Shengji; The People's Procuratorate of Xuwen County, within the scope of the impact of the infringement, has eliminated the impact, restored the reputation, and apologized to Zhu Shengji.

（3） Typical significance

This case is a national compensation case regarding the termination of criminal responsibility after the withdrawal of prosecution. In this case, the claimant for compensation, Zhu Shengji, was changed from a compulsory measure to a bail pending trial. More than a year after the expiration of the period, the original case has not yet reached a conclusive conclusion in accordance with the law, resulting in the inability to initiate the national compensation procedure. The reconsideration authority, the People's Procuratorate of Zhanjiang City, has legally determined that the original criminal proceedings have been deemed terminated and made a timely reconsideration decision, ensuring the right of compensation claimants to obtain national compensation in accordance with the law. It has also played a positive guiding and promoting role in regulating law enforcement behavior. The handling of the case conforms to the spirit of the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Compensation Cases" issued this time.

Case 4

Hu Dianjie applied for a retrial of the innocent state compensation case by the Intermediate People's Court of Puyang City

（1） Summary of the case

Hu Dianjie was criminally detained on March 23, 2002 on suspicion of intentional homicide and arrested on April 17 of the same year. After the prosecution by the procuratorial organs, the Intermediate People's Court of Puyang City (hereinafter referred to as the Puyang Intermediate Court) sentenced Hu Dianjie to death four times for intentional homicide, with a two-year suspension of execution. However, the original judgment was revoked by the second instance court and remanded for retrial. During the fourth retrial, the prosecutor's office decided to withdraw the prosecution on December 29, 2010, and the Puyang Intermediate Court ruled to grant permission. After obtaining approval to withdraw the case, the procuratorial organs returned the case to the public security organs for supplementary investigation. The public security organs immediately released Hu Dianjie and changed the mandatory measure to residential surveillance. After the period of residential surveillance expired on July 19, 2011, Hu Dianjie was no longer subjected to compulsory measures and was actually detained for 3225 days.

（2） Processing results

Hu Dianjie applied for national compensation to the Puyang Intermediate Court on December 13, 2011, but the court did not accept it. Hu Dianjie applied to the Compensation Commission of the Higher People's Court of Henan Province for a national compensation decision. The compensation commission of the court believed that if the prosecution withdrew the prosecution during the retrial process of the criminal case and did not proceed with the prosecution within the statutory time limit, the compensation claimant had the right to apply for national compensation in accordance with the law. Based on this decision, the Puyang Intermediate Court's notice of rejection of the case was revoked and the court was instructed to accept it. After accepting it, Puyang Intermediate People's Court believes that, The application for criminal compensation must be based on the termination of the criminal proceedings... Hu Dianjie was released during the criminal proceedings due to the inability to complete the case within the detention period, and because his case cannot be completed within the statutory period, he needs to continue investigating and being placed under residential surveillance. Later, due to the expiration of the residential surveillance period, he was released from residential surveillance. Therefore, it cannot be confirmed that the criminal case procedure involving Hu Dianjie has been terminated, nor can it be confirmed that Hu Dianjie and the criminal sentence involved have been terminated The matter is unrelated to the case. Hu Dianjie does not meet the conditions for applying for national compensation Therefore, on March 21, 2013, the court made decision (2012) Puzhong Fa Bao Zi No. 3, rejecting Hu Dianjie's national compensation application. Hu Dianjie once again applied to the Compensation Commission of the Henan Higher People's Court for a national compensation decision. After the hearing, the Compensation Commission of the court made a decision on November 16, 2015: 1. Revoke the Puyang Intermediate People's Court's (2012) Puzhong Fa Bao Zi No. 3 decision; 2、 Puyang Intermediate People's Court compensated Hu Dianjie with 708597 yuan for being detained for 3225 days in accordance with the national average daily wage standard of 219.72 yuan in 2014; 3、 Puyang Intermediate People's Court compensated Hu Dianjie with a compensation of 150000 yuan for mental damage and comfort; 4、 Puyang Intermediate People's Court made a public announcement in the township where Hu Dianjie's registered residence is located to eliminate his influence, restore his reputation and apologize.

（3） Typical significance

This case is about a national compensation case that is determined to constitute a termination of criminal responsibility after being remanded for retrial. In this case, Hu Dianjie was criminally detained and arrested on suspicion of intentional homicide. He was sentenced to death four times for intentional homicide with a two-year suspension of execution, but his original sentence was revoked by the second instance court and remanded for retrial. During the fourth retrial, after obtaining permission to withdraw the prosecution, the prosecution returned the case to the public security organs for supplementary investigation. The public security organs subsequently released Hu Dianjie and changed the compulsory measure to residential surveillance. After the period of residential surveillance expired, no further compulsory measures were taken. Starting from the purpose of protecting the legitimate rights and interests of citizens, during the retrial period, the Puyang Intermediate People's Court allowed the procuratorial organs to withdraw the prosecution against Hu Dianjie. Since then, the procuratorial organs have not prosecuted again for several years, and it should be deemed that the criminal proceedings against Hu Dianjie have ended. Hu Dianjie has the right to apply for national compensation. The Puyang Intermediate People's Court rejected Hu Dianjie's compensation application on the grounds that "it cannot be confirmed that the criminal case procedure involved by Hu Dianjie has been terminated, nor can it be confirmed that Hu Dianjie is unrelated to the criminal case" in handling the self compensation case, causing Hu Dianjie to fall into a procedural dilemma of endless termination of the criminal case and hopeless acceptance of the application for compensation. The Higher People's Court of Henan Province has corrected this and provided effective procedural relief and rights protection for citizens who are unable to receive national compensation due to procedural obstruction. This is consistent with the provisions of the "Judicial Interpretation" regarding the determination of "termination of criminal responsibility", reflecting the legislative spirit of the national compensation law to remedy rights, protect human rights, and regulate public rights.

Case 5

Yang Suqin and Wang Youshen applied for criminal illegal seizure of state compensation by the People's Procuratorate of Liaozhong County

（1） Summary of the case

In July and August 1992, Wang Shoucheng (deceased, the husband of Yang Suqin and the father of Wang Youshen, the joint claimant for compensation) and Xiaozhaimen Supply and Marketing Cooperative in Liaozhong County verbally reached an agreement to contract the operation of the company's waste and old material acquisition station. The two parties agreed on the business scope, methods, tax payment, and profit distribution, and clarified that the Xiaozhaimen Supply and Marketing Cooperative in Liaozhong County, Liaoning Province would provide the business license and bank account, Afterwards, Wang Shoucheng paid 3% of the sales revenue as agreed. On April 3, 1993, the People's Procuratorate of Liaozhong County, Liaoning Province (hereinafter referred to as the Liaozhong County Procuratorate) criminally detained Wang Shoucheng on suspicion of tax evasion. On the same day, it decided to release him on bail pending trial. Wang Shoucheng was restricted from personal freedom for 15 days. After being entrusted by the Liaozhong County Procuratorate to Shenyang Taxation Consulting Office for appraisal, it is determined that Wang Shoucheng is operating without a certificate and his behavior constitutes tax evasion. On March 3, 1994, the People's Procuratorate of Liaozhong County filed a public prosecution with the People's Court of Liaozhong County. On June 6 of the same year, the People's Court of Liaozhong County returned the case to the People's Procuratorate of Liaozhong County for supplementary investigation, citing unclear facts and insufficient evidence. After supplementary investigation, the Liaozhong County Procuratorate believes that Wang Shoucheng is not an independent taxpayer and a non taxpayer, and tax declaration should be the obligation of the supply and marketing cooperative as a corporate entity. Therefore, Wang Shoucheng cannot be considered as operating without a certificate and does not constitute a crime of tax evasion. Therefore, it is decided to revoke this case. Wang Shoucheng applied to the People's Procuratorate of Liaozhong County to refund the collected tax, but the court refused to refund it on the grounds that it had already been turned over to the tax authority. On July 13, 2007, Wang Shoucheng passed away due to illness. Subsequently, Wang Shoucheng's wife Yang Suqin, as Wang Shoucheng's heir, applied for national compensation to the Liaozhong County Procuratorate. In addition, during the investigation of Wang Shoucheng's suspected tax evasion case, the People's Procuratorate of Liaozhong County has deducted 125681 yuan from the account of Xiaozhaimen Supply and Marketing Cooperative in Liaozhong County three times, which belongs to Wang Shoucheng. The Liaozhong County Procuratorate has detained and deducted Wang Shoucheng 168681 yuan seven times, with a total of 161181 yuan not returned, excluding the refund of 7500 yuan.

（2） Processing results

The Liaozhong County Procuratorate has made a criminal compensation decision of Liaojian Criminal Compensation Zi [2012] No. 1, deciding to return the detained tax of 47500 yuan; Compensation of 2439.75 yuan for Wang Shoucheng's lost work expenses during his detention period. Yang Suqin was not satisfied and applied for reconsideration to the Shenyang People's Procuratorate. However, the Shenyang People's Procuratorate did not make a decision within the time limit. Therefore, Yang Suqin applied to the Shenyang Intermediate People's Court Compensation Committee for a compensation decision. The court made (2013) Shen Zhong Wei Bao Zi No. 4 decision to maintain the decision of the Liaozhong County Procuratorate to compensate Wang Shoucheng for his lost work expenses of 2439.75 yuan during his detention and to refund the detained tax of 47500 yuan; Increase the interest and mental damage compensation for Yang Suqin by returning 47500 yuan and 1000 yuan. Yang Suqin filed an appeal with the Liaoning Higher People's Court, and the Liaoning Higher People's Court's Compensation Committee (2013) Liao Fa Wei Jia Jian Zi No. 30 Notice of Rejection rejected Yang Suqin's appeal. Subsequently, the Compensation Commission of the Supreme People's Court made Decision No. 25 (2014) on Compensation Supervision, deciding to directly hear the case, and made National Compensation Decision No. 25 (2014) on Compensation Supervision, upholding the decision of the Liaozhong County Procuratorate to compensate Wang Shoucheng with a personal freedom compensation of 2439.75 yuan and a spiritual damage compensation of 1000 yuan; It has been decided that the Liaozhong County Procuratorate shall compensate Yang Suqin and Wang Youshen with 161181 yuan and interest.

（3） Typical significance

This case is about criminal illegal seizure compensation. The Liaozhong County Procuratorate seized Wang Shoucheng's money during the investigation of his tax evasion case, and later revoked the case because it did not constitute a tax evasion crime. However, the money deducted at that time has not been returned. This situation, that is, after the end of the criminal case, the investigating authority does not return the seized property, falls within the scope of criminal compensation for infringement of property rights as stipulated in Article 18 of the National Compensation Law. The prosecution in this case refused to return the confiscated property on the grounds that it had been turned over to the tax authorities, and the reason cannot be established. The handling of this case is consistent with the spirit of Article 3 of the Judicial Interpretation, reflecting the essence of the national compensation law in protecting legitimate property rights and the state governance function of regulating the exercise of public power.

Case 6

Case of Chen Weiguo and Liu Qiande Applying for National Compensation for Illegal Criminal Detention by Tonglu County Public Security Bureau

（1） Summary of the case

On the evening of October 1, 2010, Yang Yongping, the former chairman of Jinda Pen Industry Co., Ltd. in Tonglu County, Zhejiang Province, had a dispute with Hu Qunli and others in Fenshui Town, Tonglu County at the company gate due to driving issues. Due to a disagreement, the two sides developed from verbal arguments to physical conflicts. Yang Yongping called in employees Ye Linhua, Chen Weiguo, Liu Qiande, and others to cause trouble and beat up Hu Qunli and others. After identification, Hu Qunli and others were beaten, resulting in mild to minor injuries. On October 2, 2010, Chen Weiguo and Liu Qiande were summoned to the Fenshui Police Station of Tonglu County Public Security Bureau on suspicion of assaulting others. On October 3rd, the Tonglu County Public Security Bureau filed a criminal case against Yang Yongping and others for their provocative and troublemaking behavior, and on the same day decided to detain Chen Weiguo and Liu Qiande criminally. On October 6, 2010, after further investigation, the Public Security Bureau of Tonglu County lifted the criminal coercive measures against Chen Weiguo and Liu Qiande on the grounds of insufficient evidence, and revoked their criminal registration.

（2） Processing results

After trial, the Compensation Commission of the Hangzhou Intermediate People's Court held that, according to Article 293 of the Criminal Law of the People's Republic of China, the objective elements of the crime of provocation and trouble are: "(1) beating others at will, if the circumstances are serious;..." According to this provision, the act of beating others in a serious manner constitutes the crime of provocation and trouble. According to Article 61 (revised to Article 80) (2) of the Criminal Procedure Law of the People's Republic of China, public security organs may first detain an active criminal or a major suspect if a victim or a person present and witnessed him/her designates him/her as a criminal, that is, the first detention must be based on the premise that the detained person is an active criminal or a major suspect. In this case, Chen Weiguo and Liu Qiande did not fall under the aforementioned circumstances. Therefore, the Tonglu County Public Security Bureau's criminal detention of Chen Weiguo and Liu Qiande lacked sufficient evidence. The criminal detention decision violated the provisions of the Criminal Procedure Law of the People's Republic of China and should be liable for compensation. Decision: 1. Revoke the criminal compensation decision of the Tonglu County Public Security Bureau and the criminal compensation reconsideration decision of the Hangzhou Public Security Bureau respectively, which are responsible for compensation obligations. 2、 The compensation obligation agency, Tonglu County Public Security Bureau, shall compensate for the infringement of Chen Weiguo and Liu Qiande's right to personal freedom for 4 days.

（3） Typical significance

This case is a national compensation case regarding the criteria for reviewing and judging illegal criminal detention. When reviewing and judging whether a criminal detention decision is illegal, the compensation committee of the people's court should not only review the legality of the procedure for the handling authority to take compulsory measures, but also conduct a substantive review of the legality of the conditions for taking such compulsory measures. According to the provisions of the Criminal Procedure Law, public security organs may detain current offenders or major suspects if a victim or someone who has witnessed the crime identifies them as having committed the crime. In this case, the Compensation Committee of the People's Court, after substantive examination, found that Chen Weiguo and Liu Qiande were not current offenders or major suspects. The Tonglu County Public Security Bureau's criminal detention of Chen Weiguo and Liu Qiande lacked sufficient evidence, and the criminal detention decision violated the conditions stipulated in the Criminal Procedure Law. According to this, the victim has the right to receive state compensation.

Case 7

Huang Xing's Application to Fujian Provincial Higher People's Court for Retrial of the Case of Innocent State Compensation

（1） Summary of the case

On March 2, 1998, the People's Procuratorate of Fuzhou City, Fujian Province accused Huang Xing and others of kidnapping and illegal detention, and filed a public prosecution with the Intermediate People's Court of Fuzhou City, Fujian Province (hereinafter referred to as the Fuzhou Intermediate People's Court). The Fuzhou Intermediate People's Court issued guilty judgments twice on November 6, 1998 and April 11, 2000. After two rulings by the Fujian Provincial High People's Court for retrial, the Fuzhou Intermediate People's Court issued a criminal and civil judgment on August 22, 2002, which found Huang Xing guilty of kidnapping and sentenced him to death with a two-year suspension of execution. He also committed the crime of illegal detention and was sentenced to three years in prison. The combined decision was to execute the death sentence with a two-year suspension of execution. On November 25, 2006, the Higher People's Court of Fujian Province issued a criminal incidental civil ruling, rejecting the appeal and upholding the original judgment. Due to the appeal of the defendant and their relatives, the Higher People's Court of Fujian Province filed a retrial after examination. On May 29, 2015, the Higher People's Court of Fujian Province issued the (2015) Min Xing Zai Zhong Zi No. 3 Criminal Adjunctive Civil Judgment, which found that Huang Xing did not constitute the crime of kidnapping. The judgment was as follows: 1. The original judgment on the crime of illegal detention was upheld, that is, the defendant Huang Xing in the original trial committed the crime of illegal detention and was sentenced to three years in prison; 2、 Revoke the original judgment on the crime of kidnapping. Huang Xing was released on the same day. Afterwards, Huang Xing filed a national compensation application on the grounds of innocence in the retrial.

From being detained on June 2, 1996 to being released on May 29, 2015, Huang Xing was completely restricted in personal freedom for 6936 days. After deducting the three-year sentence he was sentenced to for illegal detention, his personal freedom was completely restricted for 5841 days.

（2） Processing results

In the process of handling national compensation cases, the Fujian Provincial High People's Court and the compensation claimant Huang Xing have held multiple negotiations on their national compensation application. Through these negotiations, Huang Xing expressed understanding and agreement with the legality and comfort of national compensation, and apologized to the Fujian Provincial High People's Court for the compensation made during the coordination process, and also accepted it. Therefore, both parties have reached a compensation agreement in accordance with the law. The Higher People's Court of Fujian Province has decided to pay Huang Xing a personal freedom compensation of 1283384.52 yuan and a mental injury compensation of 580000 yuan, totaling 1863384.52 yuan, and to eliminate the impact of Huang Xing's infringement behavior and restore his reputation.

（3） Typical significance

This case is about a national compensation case where a single crime in the combined punishment of multiple crimes was acquitted. In this case, the Fujian Provincial Higher People's Court upheld the original judgment on the crime of illegal detention and revoked the original judgment on the crime of kidnapping in the criminal incidental civil judgment. According to Article 17 (3) of the State Compensation Law of the People's Republic of China, if a retrial is conducted in accordance with the trial supervision procedure and the original sentence has been executed, the victim has the right to compensation. This provision should be understood as specific to a specific crime. If Huang Xing's kidnapping crime is revoked, it should be deemed as a retrial and acquittal. Due to the imprisonment period exceeding the sentence determined by the retrial judgment, Huang Xing has the right to obtain national compensation for the portion of the extended imprisonment.

Case 8

Teng Degang applied for national compensation for illegal inaction in Siping Prison, Jilin Province

（1） Summary of the case

The compensation claimant Teng Degang was sentenced to 16 years in prison in 1996 for committing theft and robbery, and later served his sentence in Siping Prison. On December 30, 1999, Teng Degang, along with Wu Zhanhai, Liu Xianxin, and Meng Fanyou (all serving sentences), were temporarily arranged to form a mutually supervised outsourcing group to carry out coal pushing work at the cement production and processing site in the supervision area. During this time, Teng Degang and the three others had an argument with Wu Zhanhai. The last four people left their positions without permission and rested in the main control room. At around 5 o'clock on the same day, Wu Zhanhai took advantage of Teng Degang and the three others being asleep and picked up the iron chisel used for indoor coal smashing. He hit Teng Degang and the three others on the head several times in a row. After discovering that the three did not respond, he believed that the three were dead and climbed the iron ladder outside the second floor window to the top of the building, intending to jump off the building and commit suicide. At around 5:00 pm on the same day, three people were found injured. After the staff of Siping Prison and other prison management personnel arrived at the scene, they organized medical treatment for the injured and arrested Wu Zhanhai at 22:45 pm on the same day. Teng Degang was later identified by the Jilin Sanyuan Judicial Appraisal Institute as having a left limb hemiplegia caused by a cerebral softening lesion, with a muscle strength of four levels and a disability of seven levels; A craniocerebral defect of 160 square centimeters is classified as a ninth degree disability. The cost of repairing the skull is between 5620 yuan and 21000 yuan, which is reasonable. Later, Wu Zhanhai was sentenced to death by the Intermediate People's Court of Siping City for intentional homicide.

（2） Processing results

The Compensation Commission of the Jilin Provincial Higher People's Court held that there were safety issues at the labor site of Siping Prison in this case, and the prison police supervision measures were not in place. Based on relevant regulations and the circumstances of this case, it can be determined that there was a certain degree of inaction in the supervision of Siping Prison. According to the National Compensation Law and relevant regulations, Siping Prison should bear a certain proportion of compensation responsibility. Due to the fact that the injury suffered by Teng Degang in this case was directly caused by Wu Zhanhai, and Teng Degang, along with other inmates, left his coal pushing position without authorization before his injury. He also had certain violations. Therefore, based on the specific situation of this case, the Compensation Committee of the Jilin Provincial High People's Court has determined that Siping Prison will bear 30% of the responsibility for regulatory inaction. It has been decided that Siping Prison will pay a total of 136519.11 yuan in national compensation to Teng Degang, the claimant for compensation.

（3） Typical significance

This case is about the prison management authorities failing to fulfill their duties and assuming national compensation responsibility. The prison management authorities have a statutory supervisory responsibility for the prisoners under their supervision. If a person neglects to exercise this responsibility and causes damage to the prisoners, even if the damage is directly caused by the injurious behavior of other prisoners, the prison management authorities should also bear a certain proportion of national compensation responsibility based on the role of their inaction in causing the damage, combined with their degree of fault.