Who Bought The 1110 Day Grievances For Ji Zongqiang, A Village Official?

13 years ago, a murky case was dragged into a dark prison. After 3 years in custody, he was acquitted. He applied with all his heart. state compensation In the past seven years, it has been repeatedly denied, is it wrong? Or is there something else? When did the seven years' compensation go? village official Ji Zongqiang bought 1110 days' grievances?

　　 Ji Chung Qiang He was an oriental village man in Hainan province. He was an ordinary village cadre 13 years ago. But he was accused of killing and being a prisoner for a night. After 1110 days of imprisonment, a family became fragmented. After being sentenced to no crime, he began a long road of state compensation.

[case replay] according to the basic information provided by the Hainan branch of the people's Procuratorate of Hainan Province, in 1997, there was an improper two relationship between the villagers in the village of Ping Ling village in Xinjie town of Dongfang City and a young woman in the old village of the town. They were opposed and interfered by Lao Ji, director of Lao village village committee. In the evening of June 15, 1997, Jilin carried a long tube gun and Ji Zongqiang rode two motorcycles to the woods in the northeast of the old village, and hid the car. The two men peek at the fence and see the old Ji and daughter Xiaoyu sitting in the living room watching TV. They climbed the wall into the hospital and went to the left side of the living room door. Jilin fired a gun at the head of Lao Ji, and Lao Ji and his daughter fell to the ground on the spot, and two people fled the scene immediately. Lao Ji finally died.

In September 25th and December 5th of that year, Jilin and Ji Zongqiang were detained by the Dongfang Municipal Public Security Bureau because they were suspected of committing a crime. In December 23rd, Ji Zongqiang was formally approved by the Oriental City People's Procuratorate for arrest. Police also seized gunpowder guns and motorcycles.

In November 22, 1999, the Hainan branch of the Hainan people's Procuratorate filed a public prosecution against Jim and Ji Zongqiang on the crime of intentional homicide.

However, the two court trials later appeared dramatic. For the first time, Jim and Ji Zongqiang argued that they had not killed anyone. The trial of the intermediate people's Court of Hainan held that the two defendants' respective confessions were inconsistent and inconsistent with how to enter the scene of the crime scene. In addition, the testimony of witnesses was inconsistent with the confession of the two defendants. In April 20, 2000, the court made a first instance judgment: the public prosecutor charged Ji Zongqiang with a joint crime, killing Lao Ji, and injuring Lao Ji's daughter. The facts were not clear, the evidence was insufficient, and two accused accused of intentional homicide could not be established. That is to say, two people are innocent.

In response, the public prosecutor filed a protest before the Hainan branch of the Hainan Provincial People's Procuratorate. In December 21, 2000, the Provincial Higher People's court revoked the original judgment and sent it back for retrial. In court, two defendants once again argued that they were not involved in the killing. In December 29, 2001, the Hainan intermediate people's court made a judgment on the case again, and sentenced Jiam and Ji zunqiang to be innocent. So far, Ji Zongqiang has been in custody for 1110 days.

Ji Zongqiang said that after being arrested by the police, he suffered eight days and eight nights of physical destruction.

During the interview, Ji Zongqiang's wife could not help crying. The reporter wanted to talk to her. She just spoke incoherently and complained about the family's sufferings after her husband's accident. Years of mental torture had confused her mind, and even her eldest daughter could not remember this year. She told reporters that her husband was in custody for three years, she often sat alone at the window, at a loss, four children were also learning to go out to work. Now, though the husband sees the sun again, he has become a family wall.

After the acquittal, Ji Zongqiang began his way of national compensation.

According to Ji Zongqiang's claim, the procuratorial organ should compensate him for 110234.1 yuan per day according to the average wage of the National worker's day in 2007, 99.31 yuan per day. Ji Zongqiang thought he would get the relevant compensation soon, but what he did not expect was that after he was imprisoned for 1110 days, the compensation was also a setback. In December 24, 2003, the Dongfang Municipal People's Procuratorate made a review of Kyrgyzstan's compensation case and believed that according to the public security organs' materials, it was in line with the conditions for arresting the prisoners. Ji Zongqiang's arrest decision is correct and there is no infringement case. Therefore, the claim for compensation is not recognized.

Ji Zongqiang, who refused to accept the decision of the eastern Procuratorate, appealed to the procuratorial branch of Hainan on 18 March 2004. He appealed to the provincial Procuratorate in 2008 and appealed to a number of departments.

Xiao Ruohai, member of the Standing Committee of the Hainan provincial Party committee and Secretary of the political and Law Commission, and the responsible person of the provincial Procuratorate, gave instructions on the case. The provincial procuratorate compensation office once again reviewed the case of Kyrgyzstan Kyrgyzstan and Kyrgyzstan. There is no evidence to prove that Jizhong has criminal facts. He should be treated as innocent in law. He must bear criminal liability for the wrongful arrest of innocent people. In addition, the court, for the treatment of criminal compensation cases, as long as it is a case of acquittal, no matter which level organs should be compensated, no reason is allowed to refuse. It is suggested that the people's Procuratorate of Dongfang City understand this matter as soon as possible in the form of judicial assistance. However, since 2008, the provincial Procuratorate made a review opinion so far, Ji Zongqiang still did not get the relevant compensation.

The South China Sea network reporter contacted several times, and interviewed Wen Guang Bo, the chief of the application for the case of Dongfang municipal procuratorate, who was responsible for handling the case. But the chief of the Department has always emphasized that they are proceeding according to the normal judicial procedures. {page_break}

For the two time that Ji Zengqiang was acquitted of the crime, Wen Guang Bo turned out the law to show reporters that he was innocent because the evidence was insufficient, and the case was in fact a case of doubt. In a document written by the people's Procuratorate of the Oriental City, entitled "report on compensation for victims of Ji Zongqiang", Seventh "provincial Procuratorate's examination opinions" read: "now that the provincial court has examined," Ji Zongqiang has no evidence that it exists in criminal facts. " In this regard, Wen Guang Bo did not deny the authenticity of the material, but he still avoided answering the question. He repeatedly asked reporters not to pursue the material.

Wen Guang Bo finally said that if Ji Zengqiang refused to accept the decision of the procuratorate, he could continue to appeal to the court for state compensation.

Ji Zongqiang always believed that he was innocent and should be compensated by the state. 7 years later, he would not give up.

Lawyer comments:

Li Jun, a lawyer of Fangyuan law firm in Hainan, has expressed his views on the matter. He believes that the newly revised state compensation law clearly stipulates that after the arrest measures are taken by the citizens, the decision to cancel the case, not to prosecute or to acquit the criminal from the judgment, and to terminate the criminal responsibility, the victim has the right to obtain compensation. If a citizen decides to cancel a case, not to prosecute or to acquit a judgment after the arrest measures are taken, the organ responsible for making the arrest shall be the organ liable for compensation. According to the above provisions, Kyrgyzstan can make a claim for compensation to the procuratorate who made the arrest decision at that time, and protect the rights according to legal procedures. According to the particularity of this case, the lawyer suggested that the parties concerned may consult in accordance with the provisions of the existing laws and regulations in respect of the mode of compensation, the amount of compensation and the amount of compensation. We should deal with the case in a harmonious way so as to safeguard the dignity of law and the credibility of the judiciary.

If there is still no way to reach a compensation agreement, Li Jun's lawyer advised Ji Zongqiang to file his claim for compensation to the compensation committee of the intermediate people's court where the procuratorate was located. {page_break}

With the relevant legal knowledge of State Compensation:

1. The criminal compensation procedure stipulated in the State Compensation Law:

First, the claimant of compensation claims the compensation organ, and the compensation organ shall decide whether to make compensation within two months from the date of receiving the application.

Secondly, if the compensation decision is not satisfied or the compensation is not overdue, the claimant shall apply to the upper level organ for reconsideration within thirty days from the date of the expiration of the period. The organ for reconsideration shall make a decision within two months from the date of receipt of the application.

Third, if he refuses to accept the decision of the reconsideration or fails to make a decision within the time limit, the claimant shall apply to the compensation committee of the people's court at the same level at the place where the reconsideration organ is located within thirty days from the date of the expiration of the decision or period to make a compensation decision; the compensation decision made by the compensation committee shall have legal effect and must be enforced.

Two, whether the case involves state compensation.

The state compensation law has been implemented since January 1, 1995, and the Standing Committee of the National People's Congress decided to amend the State Compensation Law in April 29, 2010. The new state compensation law has been implemented since December 1, 2010. The old and new "State Compensation Law" stipulates the principle of state compensation and the scope of "criminal compensation" all the same. For example, 1, the first paragraph of article second of the State Compensation Law (1995) stipulates: "the state organs and state organs' staff violate the law and exercise their functions to invade the lawful rights and interests of citizens, legal persons and other organizations, thereby causing damage to the victims, and the victims have the right to obtain state compensation in accordance with this Law". The new "State Compensation Law" has deleted the two words of "illegal". It has been amended as: "the state organs and state organs' personnel exercise their functions and powers, and there is a violation of the lawful rights and interests of citizens, legal persons and other organizations under this law, causing damage, and the victim has the right to obtain state compensation in accordance with this Law". This amendment not only expanded the scope of compensation, but also simplified the claim procedure. This also means that the principle of imputation of state compensation becomes the responsibility of state organs and their staff even when exercising their functions and powers in a legal situation. 2, according to the eighth provisions of the State Compensation Law (1995) fifteenth, seventeenth and the provisions of the Supreme People's Procuratorate's criminal compensation work, there may be some ambiguity and divergence in the determination of whether the case involves state compensation. According to the provisions of the seventeenth (two) and twenty-second articles of the new state compensation law, the obligation of compensation organ shall be more clear. {page_break}

Three. Legal basis

State Compensation Law (1995)

Fifteenth the organs and their staff who exercise the powers of investigation, prosecution, trial and prison administration have one of the following violations of personal rights when exercising their functions and powers, and the victims have the right to obtain compensation.

(1) erroneous detention of a person who has no criminal facts or has proved to be a serious criminal suspect.

(two) false arrest of a person who has no criminal facts;

(three) in accordance with the trial supervision procedure, the retrial is not guilty, and the original sentence has been executed.

(four) causing physical injury or death to a citizen by extorting confessions by torture or by violent acts such as beating, or instigating others to assault.

(five) illegal use of weapons or police equipment causes bodily injury or death to citizens.

Article seventeenth. One of the following situations is that the State shall not be liable for compensation:

(1) being detained or sentenced to death because of deliberate false statements by the citizens themselves, or forging other evidence of guilt.

(two) persons who are not liable for criminal responsibility shall be detained in accordance with the provisions of articles fourteenth and fifteenth of the criminal law;

(three) in accordance with the eleventh provision of the criminal procedure law, those who do not hold criminal responsibility shall be detained.

(four) the individuals who exercise the functions of state investigation, procuratorial, trial and prison management organs are not related to their personal functions.

(five) the damage caused by a citizen's self injury or self destructive willful act;

(six) other circumstances stipulated by law. {page_break}

State Compensation Law (2010)

Second state organs and organs of state organs exercise their functions and powers, and there is a violation of the lawful rights and interests of citizens, legal persons and other organizations under this law, causing damage. The victim has the right to obtain state compensation in accordance with this law.

The organ of compensation under this Law shall perform the obligation of compensation in time according to this law.

Seventeenth the organs that exercise investigation, procuratorial and judicial functions, and the detention houses, prison management organs and their staff members have one of the following violations of personal rights when exercising their functions and powers, and the victims have the right to obtain compensation.

(1) to take detention measures against citizens in violation of the provisions of the criminal procedure law, or to impose detention measures on citizens in accordance with the conditions and procedures prescribed in the criminal procedure law, but the detention time exceeds the time limit stipulated in the criminal procedure law, and thereafter decides to cancel the case, not to prosecute or to acquit the criminal from the judgment, and to terminate the criminal responsibility.

(two) after taking measures to arrest citizens, they decide to cancel the case, not to prosecute, or to acquit the criminal from the judgment.

(three) in accordance with the trial supervision procedure, the retrial is not guilty, and the original sentence has been executed.

(four) extorting a confession by torture or by beating, maltreating, or instigating or indulging others to cause bodily injury or death by assault, maltreatment and other acts;

(five) illegal use of weapons or police equipment causes bodily injury or death to citizens.

Provisions on criminal compensation work of the Supreme People's Procuratorate

Eighth cases where there is insufficient evidence to revoke a case, a non prosecution case or a verdict of innocence shall be confirmed by the people's Procuratorate in accordance with the law in the following circumstances: whether the arrest or detention of the procuratorial organ decides whether or not to infringe upon the personal right.

(1) to confirm the wrongful detention of a person who can not prove that he has a criminal fact or who can not prove that there is a serious criminal suspicion.

(two) confirm the wrongful arrest of a person who can not prove the facts of a crime;

(three) the detention or arrest of persons who have evidence to prove that there are some criminal facts, or those who have evidence to prove that a person with significant criminal suspicion is detained shall not be confirmed.