After criminal is detained, discover guilty suspect does not have guilty fact, put on record of cancel of public security mechanism or procuratorial work mechanism does not grant to sue. Party can compensate for a law according to the country, apply for national compensation. For example, because a certain citizen is suspected of bilk be being detained by criminal of public security mechanism.
Criminal duration of detention, public security mechanism investigates discovery, the case belongs to economic dispute and do not belong to economic crime, lawfully cancel criminal put on record, remove criminal is detained. Be detained by criminal the person can apply for national compensation to public security mechanism lawfully, country of * of number of the day that be detained compensates for a standard + proper mental loss expenses. If public security mechanism rejects a country, party refuses to obey can sue to courtyard of local civil code, the requirement adjudicates public security mechanism offers a country compensation.
Can apply for national compensation. Compensate for code to decide according to the country, adopt to the citizen after arresting measure, decision cancel case, be not sued or adjudicate acquittal to stop those who investigate criminal duty, the victim has authority to win compensation.
The basic principle that the country compensates for is to execute the law the coercive action of the judiciary goes the compensation that shows fault apparently, do not have compensation namely without fault. So, it is OK to be after is criminal detained, released to be maintain be judicatory fault? Not certain also. Need makes clear the condition that criminal detains here, have among them, namely the victim accuses its commit a crime on the spot, OK criminal is detained. If after the event finds out evidence to be not worth, cannot be maintained or victim misdeem fault points to, the criminal of the judiciary is detained and do not have fault, should not compensate for lawfully. The evidence after still having punishment limit is not worth what do not hold guilt, crime is slight do not think to commit a crime wait for case, because do not have judicatory fault, also do not grant to compensate for. Only apparent be bad law sets, do not have legal basis and violate those who take punishment arrest step, just offer compensation.
1, person freedom compensation
Thirtieth of national compensation law sets 3 times, violate citizen person freedom, daily compensation according to day of worker of the year on the country average wage is calculated.
Hall of procuratorial work of appeal of highest check criminal allotted an announcement on May 31, when the country that asks various people procuratorate deals with oneself to regard compensation as voluntary mechanism compensates for a case, carry out new day to compensate for a standard 258.89 yuan.
2, mental solatium
People court compensates for committee to decide spirit damages the specific amount of solatium, in principle does not exceed according to country to compensate for a law the 33rd, 35% of amount of the person freedom compensation with the 34th definite place, life health compensation, lowest not less than 1000 yuan.
Understand according to me, as long as be by punishment arrest, what only the following kinds come out is likely: One, await trial of be bailed out, means by keep a person or the earnest money with regular pay, give off you first will expect processing result, home town cannot leave to arrive casually during be bailed out other place. Time of await trial of common get sb to go bail for one is a year... still one is plant is exemption from prosecution of the procuratorate after arresting (do not have exemption from prosecution after 1997 new criminal law are promulgated) . The 3rd, the court thinks your contrition mood is better, crime is slight... can avoid punish at criminal. Other, did not have... oh, gutty still... it is your body contracts great infectivity disease... the go to a doctor outside protecting...
After criminal is detained, by exonerate, can apply for national compensation. But having a few kinds of cases is not of compensate, it is evidence firstly inadequate, doubt blame from what not have, general won't compensate. It is a clue secondly remarkable and slight, the harm is not great, do not consider as crime, it is to go to do guilty false statement to bring about those who be detained for him person thirdly. Divide this, can apply for national compensation.
