The migrant worker was found guilty of being detained for 210 days and won state compensation of 26,000

Recently, the Guangdong Provincial People's Procuratorate discussed that the Shenzhen Municipal People's Procuratorate's previous decision on the “Criminal Compensation Decision” relied on improper decisions. Zhang Shangqiang had no criminal facts. The Nanshan District People's Procuratorate's arrest of Zhang Shangqiang was a false arrest and violated his personal freedom.

On July 16, the Shenzhen People's Procuratorate reconsidered the reconsideration and demanded that Nanshan District People's Procuratorate compensate Zhang Shangqiang for 210 days of personal freedom compensation of RMB 26,340.30.

However, Zhang Shangqiang suffered from systemic lupus erythematosus and other diseases during his detention. The decision stated that he could not prove that there was a causal relationship between systemic lupus erythematosus and custody, and did not infringe upon his right to life and health.

Xu Shangjun, an attorney representing Zhang Shangqiang, said yesterday that Zhang Shangqiang’s illness was indeed infested during custody. The cost of the treatment was through a judicial aid channel or he was once again seeking compensation from the Compensation Committee of the Shenzhen Intermediate People’s Court. Zhang Shangqiang is still considering it.

For details of the Zhang Shangqiang case report, see Guangzhou Daily, December 28, 2009, A10 Edition, December 30, 2009, A28 Edition, April 10, 2010, A10 Edition, May 21, 2010, AII7 Edition, June 2010. Shenzhen News Release

new progress

Provincial inspection found wrong arrest support compensation

It is understood that the case has been found by the People's Procuratorate of Guangdong Province that the "Criminal Compensation Decision" made by the People's Procuratorate of Shenzhen City did not meet the relevant provisions of the "Provisions of the People's Procuratorate on Criminal Compensation," and that reconsideration decisions were inappropriate.

After discussion at the 23rd meeting of the 11th Procurator's Committee of the People's Procuratorate of Guangdong Province, it was decided to revoke the "Criminal Compensation Reconsideration Decision" and on July 5, the Shenzhen People's Procuratorate served a notice of correction decision.

The People's Procuratorate of Guangdong Province reviewed that the facts found in the Nanfang District People's Procuratorate's "No Prosecution Decision" on November 5 were consistent with the actual situation of the case and the evidence was conclusive, and the applicable law was not inappropriate. Zhang Shangqiang had no criminal facts. The Nanshan District People's Procuratorate's arrest of Zhang Shangqiang was a false arrest and violated his personal freedom. According to Article 15 (2) of the “Law of the People’s Republic of China on State Compensation”, “wrongly arrested persons who have no criminal facts” should be compensated.

Injured more than 26,000 yuan due to wrongful custody

According to the decision of the Guangdong Provincial People's Procuratorate, the Shenzhen People's Procuratorate reconsidered on July 16th and decided to revoke the Nanshan District People's Procuratorate's Shennan Inspection Penalty Letters No. [2009] No. 2 “Certificate for Reviewing Criminal Compensation Claims”; Nanshan District People's Procuratorate The Procuratorate’s compensation for Zhang Shangqiang’s 210-day personal liberty indemnity was RMB 125.43×210=26340.30 yuan.

However, Zhang Shangqiang's other compensation claims regarding his life and health rights and related loss of work, medical expenses, support payments, disability compensation, etc. were rejected. The Shenzhen Public Prosecutor's Office believes that the incidence of systemic lupus erythematosus is caused by polygene inheritance and cannot prove that there is a causal relationship between systemic lupus erythematosus and custody; and there is no evidence to prove that the right to health and health has been violated during custody. .

Review of events

On February 28, 2009, Zhang Shangqiang was arrested and arrested by the People's Procuratorate of Nanshan District on suspicion of extortion and was released on bail on September 25 for a total of 210 days.

On November 5, 2009, the Nanshan District People's Procuratorate determined that Zhang Shangqiang's behavior "does not constitute a crime."

On November 19, 2009, Zhang Shangqiang appealed to the People's Procuratorate of Nanshan District for state compensation on the ground of wrongful arrest.

On December 11, 2009, the Nanshan District Public Prosecutor's Office made a decision that the state should not be liable for compensation. On January 11, Zhang Shangqiang refused to accept the reconsideration of Shenzhen People's Procuratorate.

On April 7, 2010, Shenzhen People's Procuratorate instructed the Nanshan District People's Procuratorate to make a new decision on the Zhang Shangqiang case. On April 29, the Nanshan District People's Procuratorate re-confirmed that Zhang Shangqiang was suspected of involvement in extortion, but he was not prosecuted for lack of evidence.

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