A 52-year-old Zhang Yuhuan from Jiangxi was pronounced not guilty after nearly 27 years in prison, applies for RMB 22.34+ mln of state compensation.
Zhang also demands a public apology from the Jiangxi High People’s Court to restore his reputation.
On the morning of September 2nd, Zhang Yuhuan, who was acquitted after nearly 27 years of injustice, was accompanied by his state compensation lawyers Cheng Guangxin, Luo Jinshou and his family, and filed a petition with the Jiangxi Provincial Higher People’s Court (hereinafter referred to as “Jiangxi Higher Court”). National compensation application.
52-year-old Zhang Yuhuan from Jiangxi, pronounced not guilty after nearly 27 years in prison, applies for RMB 22.34+ mln of state compensation. He also demands a public apology from the Jiangxi High People’s Court to restore his reputation. https://t.co/XsC3T59zqp pic.twitter.com/aSCHss5ljO
— The Paper 澎湃新闻 (@thepapercn) September 2, 2020
The main content of the compensation application includes five items: compensation for infringement of personal freedom of 1,017,1564.5 yuan; compensation for infringement of the right to health and follow-up treatment costs of 1 million yuan; compensation for mental damage and comfort money of 1,017,1564.5 yuan; expenses for redress of grievances of 1 million yuan. RMB 22,343,129.
In addition, Zhang Yuhuan also demanded that the Jiangxi High Court, the organ responsible for compensation, publicly apologize to the compensation claimant in the media and portals, restore reputation and eliminate the negative impact of the wrong judgment.On September 2, Zhang Yuhuan (middle), accompanied by lawyers Cheng Guangxin and Luo Jinshou, went to the Jiangxi High Court to submit a state compensation application. Photo courtesy of the interviewee
On September 2, Zhang Yuhuan (middle), accompanied by lawyers Cheng Guangxin and Luo Jinshou, went to the Jiangxi High Court to submit a state compensation application. Photo courtesy of the interviewee
Apply for three times the daily average salary to calculate personal freedom compensation
The Paper (www.thepaper.cn) previously reported that on October 24, 1993, boys Zhang Zhenrong and Zhang Zhenwei in Zhangjia Village, Huangling Township, Jinxian County, Nanchang City, Jiangxi Province, were killed, and their neighbor Zhang Yuhuan was determined by the police as suspects. . On January 26, 1995, the first-instance judgment of Nanchang Intermediate People’s Court found that Zhang Yuhuan was guilty of intentional homicide and sentenced to death with a two-year reprieve after killing two neighboring boys by hand, stringing, and sticking.
Zhang Yuhuan appealed against the verdict. On March 30, 1995, the Jiangxi Higher People’s Court ruled to revoke the original sentence and remand it for retrial on the grounds of unclear facts and insufficient evidence.
On November 7, 2001, the Nanchang Intermediate People’s Court reconsidered that the case had “clear basic facts and sufficient basic evidence” and issued a judgment with the same result as the original first-instance judgment.
Zhang Yuhuan still refused to accept and appealed again. On November 28, 2001, the Jiangxi Higher People’s Court made a final ruling: dismissed the appeal and upheld the original judgment.
After being imprisoned, Zhang Yuhuan insisted on calling for injustice. Until August 4 this year, Jiangxi Higher People’s Court pronounced on the case in a retrial and finally declared Zhang Yuhuan innocent.
Regarding the amount of compensation for personal freedom, Article 33 of the National Compensation Law stipulates: “If the personal freedom of a citizen is violated, the daily compensation shall be calculated based on the national average daily salary of the employee in the previous year.”
Lawyer Cheng Guangxin believes that since being taken into custody on October 27, 1993, and being sentenced not guilty on August 4, 2020, Zhang Yuhuan lost his freedom for 9,778 days.
During his detention, his personal freedom was restricted at all times. Three times the statutory working hours of 8 hours per day for ordinary members of the society.
It is obviously unreasonable to calculate personal freedom compensation at twice the average daily wage. Cheng Guangxin believes that state compensation should match the value attribute of freedom, and the compensation standard should follow the principle of “higher”.
Zhang Yuhuan wrote in the national compensation application: “No one wants to use 27 years of freedom in exchange for five million or ten million in compensation.
A compensation that is too low cannot reflect the value of justice and cannot soothe the trauma caused by the unjust prison. It is not conducive to preventing the recurrence of unjust cases, so it is requested to pay compensation in accordance with three times the national daily compensation standard. ”
The Paper noted that on May 18 this year, the Supreme Law issued a notice requiring people’s courts at all levels to implement the latest daily compensation standard of 346.75 yuan when handling state compensation cases for which they act as the organ of compensation obligations.
According to this standard and the triple compensation requested by Zhang Yuhuan, the compensation for violation of personal freedom claimed by Zhang Yuhuan is 10171564.5 yuan.
Require 100% of the rate of mental damage relief payments
In addition to the loss of personal freedom, the nearly 27 years of jail has also affected Zhang Yuhuan’s health.
After being innocent, Zhang Yuhuan claimed that he was tortured to extract a confession in the Criminal Police Team. He still has the scars left by being hanged and bitten by a wolf dog on his hands and thighs.
Due to prolonged detention and wearing a restraint, his right foot has been severely deformed and he still needs corrective treatment. Therefore, he requested the Jiangxi Higher People’s Court for compensation for the infringement of the right to health and 1 million yuan for follow-up treatment.
In addition, the compensation application also included 1 million yuan in redress expenses, including transportation, communication and lost work expenses incurred by Zhang Yuhuan’s close relatives who traveled to Beijing, Nanchang and other places for him several times to report the situation, appeal and accuse him.
In the compensation application, another high-value compensation item is mental damage soothing money.
Cheng Guangxin believes that Zhang Yuhuan, as the known party who has lost his freedom for the longest time in an unjust and wrong case, has caused huge trauma and irreparable mental damage to him and his family: he was unable to serve his mother for nearly 27 years, and his wife was seriously ill and remarried. , Helpless to miss the growth of the children, can not make up for the responsibility of the father. Before being acquitted, Zhang Yuhuan went through four trials and endured tremendous mental pressure.
Zhang Yuhuan also wrote in the application for state compensation that after receiving a verdict of not guilty, he still lives in boundless fears and regrets, and nightmares alternate every day. So far, the case-handling personnel have not been held accountable, and the mental damage has not been compensated in any form. Therefore, the Jiangxi Higher People’s Court is required to pay the mental damage comfort money that is twice the compensation for the violation of personal freedom, which is 1,017,1564.5 yuan.
The “Opinions on Several Issues Concerning the Application of Compensation for Mental Injury by the Compensation Committee of the People’s Court in the Trial of State Compensation Cases” pointed out that the compensation committee of the People’s Court shall determine the specific amount of compensation for mental damage, which in principle shall not exceed the amount specified in Article 33 and Article 34 of the State Compensation Law. 35% of the total compensation for personal freedom and life and health determined.
The Paper noted that in many similar national compensation cases in recent years, the proportion of mental damage compensation has exceeded the 35% upper limit previously stipulated by the Supreme Law. For example: Liu Zhonglin, who was detained for 9217 days for suspected intentional homicide, was sentenced in April 2018. After being innocent, he received a national compensation of 4.6 million yuan, of which 75% of the compensation for mental damage and personal freedom. Jin Zhehong, who was acquitted after being detained for 8452 days on suspicion of intentional homicide, received state compensation of 4.68 million yuan in 2019, and his mental damage comfort and personal freedom compensation were also 75%.
Cheng Guangxin said that the 27-year innocence verdict was only a starting point for Zhang Yuhuan to return to his normal life. It would take a long time, a lot of energy, and sufficient material foundation to restore the shrinking social labor capacity and calm his heart. The trauma suffered.
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