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Huang Jingjia v. People's Procuratorate of Pinghu City, Zhejiang Province (Case of the State Criminal Compensation)
黄景嘉国家刑事赔偿案
【法宝引证码】

Huang Jingjia v. People’s Procuratorate of Pinghu City, Zhejiang Province (Case of the State Criminal Compensation)
(Case of the State Criminal Compensation)
黄景嘉国家刑事赔偿案

Huang Jingjia v. People's Procuratorate of Pinghu City, Zhejiang Province
(Case of the State Criminal Compensation)

 

黄景嘉国家刑事赔偿案

BASIC FACTS 
Compensation Claimant: Huang Jingjia, male, 47 years old, Pinghu City, Zhejiang Province, Cadre of the Educational Commission of Pinghu City, Zhejiang Province 赔偿请求人:黄景嘉,男,47岁,浙江省平湖市人,浙江省平湖市教委干部。
Authorized Agent: Xia Jianjun, lawyer of Junsheng Law Firm, Zhejiang Province 委托代理人:夏建军,浙江君胜律师事务所律师。
Authorized Agent: Xia Jixian, professor of the East China University of Politics and Law 委托代理人:夏吉先,华东政法学院教授。
Organ Liable for Compensation: the People's Procuratorate of Pinghu City, Zhejiang Province 赔偿义务机关:浙江省平湖市人民检察院。
Legal Representative: Zhao Luming, chief prosecutor 法定代表人:赵陆鸣,检察长。
Review Organ: the People's Procuratorate of Jiaxing City, Zhejiang Province 复议机关:浙江省嘉兴市人民检察院。
Legal Representative: Zhu Liqiao, chief prosecutor 法定代表人:朱立乔,检察长。
Huang filed an application for criminal compensation with the Compensation Committee of the Intermediate People's Court of Jiaxing City, Zhejiang Province for the 204-day wrongful arrest and detainment conducted by the people's Procuratorate of Pinghu City, Zhejiang Province, requesting the People's Procuratorate of Pinghu City to compensate for the infringement upon his personal freedom and pay 50, 000 yuan of the relevant losses due to emotional disturbance; and publicly eradicate the negative effect, recover his reputation and make an apology. 黄景嘉以曾被浙江省平湖市人民检察院错误逮捕、羁押共204天为由,向浙江省嘉兴市中级人民法院赔偿委员会提出刑事赔偿申请,要求平湖市人民检察院赔偿侵犯其人身自由的赔偿金,并支付精神损失费5万元;公开为其消除影响、恢复名誉、赔礼道歉。
The Compensation Commission of the Intermediate People's Court of Jiaxing City found through hearing that: 嘉兴市中级人民法院赔偿委员会经审理查明:
On October 7, 1998, the People's Procuratorate of Pinghu City took Huang, based on a tip-off, to the Anti-corruption Bureau thereof for investigation. On October 9, the said Procuratorate detained Huang on the ground that Huang was suspected of corruption during his tenure as director of the General Office of Pinghu Middle School as well as principal of the school-run enterprise. On October 23, the said Procuratorate arrested Huang on the ground of suspected corruption. On April 29, 1999, the People's Procuratorate of Pinghu Municipality decided to release him upon bail and await trial and thus canceled the detainment. On September 29 of the same year, the said Procuratorate made a decision of canceling the case involving Huang's suspected corruption on the ground that the key witnesses were nowhere to be found and it is thus hard to close the case through trial. From October 7, 1998 to April 29, 1999, Huang was deprived of his personal freedom for a total of 204 days. 1998年10月7日,平湖市人民检察院根据举报,派人将赔偿请求人黄景嘉带到该院反贪局进行调查。10月9日,以黄景嘉在担任平湖中学办公室主任、校办企业负责人期间涉嫌贪污为由,将黄景嘉拘留。10月23日,以涉嫌贪污为由将黄景嘉逮捕。1999年4月29日,平湖市人民检察院决定,对黄景嘉取保候审,解除羁押。同年9月29日,平湖市人民检察院以主要证人去向不明、使案件难以审结为由,作出了撤销黄景嘉涉嫌贪污案的决定。自1998年10月7日至1999年4月29日,黄景嘉共被剥夺人身自由204天。
On May 22, 2000, Huang filed an application for compensation with the People's Procuratorate of Pinghu City for wrong arrest. On June 22 of the same year, the People's Procuratorate of Pinghu City made a Criminal Confirmation, deciding to refuse the claim for compensation. On June 26 of the same year, Huang filed an appeal with the People's Procuratorate of Jiaxing City, the review organ. On August 25 of the same year, the People's Procuratorate of Jiaxing City made a Review Decision on the Appeal against the Criminal Confirmation, sustaining the decision of the People's Procuratorate of Pinghu City on rejecting the claim of compensation. 2000年5月22日,赔偿请求人黄景嘉以平湖市人民检察院错误逮捕为由,向该院提出赔偿申请。同年6月22日,平湖市人民检察院作出刑事确认书,对赔偿请求不予确认。同年6月26日,赔偿请求人黄景嘉向复议机关嘉兴市人民检察院提出申诉。同年8月25日,嘉兴市人民检察院作出刑事确认申诉复查决定书,维持了平湖市人民检察院的不予确认决定。
The evidences to confirm the aforesaid facts are as follows: the transcripts of investigation into Huang as made by the People's Procuratorate of Pinghu City, Zhejiang Province on October 7 and 8, 1998, a Detainment Notice of the Anti-corruption Bureau of the People's Procuratorate of Pinghu City, Zhejiang Province (No. 9 (1998)), an Arrest Notice of the Anti-corruption Bureau of the People's Procuratorate of Pinghu City, Zhejiang Province (No. 9 (1998)), a Guaranty of the Anti-corruption Bureau of the People's Procuratorate of Pinghu City (No. 12 (1999)), a Decision of the People's Procuratorate of Pinghu City on Canceling a Case (No. 1(1999)) and a Criminal Confirmation of the People's Procuratorate of Pinghu City (No. 1 (2000)), a Review Decision on the Appeal against the Criminal Confirmation (No. 1 (2000)) as made by the People's Procuratorate of Jiaxing City. 认定上述事实的依据有:1998年10月7日和10月8日浙江省平湖市人民检察院对黄景嘉调查笔录;浙江省平湖市人民检察院平检反贪拘通(98)9号拘留通知书、平检反贪逮通(1998)9号逮捕通知书、平检保书(1999)12号保证书、平检撤案(1999)第1号撤销案件决定书、平检确字(2000)第1号刑事确认书;浙江省嘉兴市人民检察院浙嘉检确复决字(2000)第1号刑事确认申诉复查决定书。
The organ liable for compensation argued that: As this case has not been confirmed and thus cannot enter into the procedures for compensation, the Compensation Committee shall not accept it. Huang was involved in suspected corruption on factual ground. It is because the key witnesses left when this case was uncovered and has, so far, been nowhere to be found that the relevant evidences could not be confirmed and the requirements for an appeal could not be met, so was the case canceled. It shall not be deemed as wrong detainment, for which no compensation shall be made. 赔偿义务机关抗辩认为:本案未经确认,不能进入赔偿程序,赔偿委员会应不予受理;赔偿请求人黄景嘉有贪污犯罪事实,只是因为主要证人案发时出走,至今去向不明,致使证据达不到确实、充分的起诉条件而撤销案件,不属于错误拘留,不应当赔偿。
JUDGMENT'S REASONING 
The Compensation Committee of the Intermediate People's Court of the People's Court of Jiaxing City held that: 嘉兴市中级人民法院赔偿委员会认为:
According to Article 15 of the State Compensation Law of the People's Republic of China, which prescribes: “The victim shall have the right to compensation if an organ in charge of investigatory, procuratorial, judicial or prison administration work, or its functionaries, infringes upon his right of the person in the exercise of its functions and powers”. It is a clear that the People's Procuratorate of Pinghu City forcefully restricted Huang's personal freedom for 204 days, declaring that Huang was suspected of corruption. Huang's case involving suspected corruption was canceled for the failure of the People's Procuratorate of Pinghu City to confirm the relevant facts and meet the requirements for filing an action, which is in fact a failure to prove Huang's criminal facts. An arrest with a criminal suspect's criminal facts left unconfirmed is a wrong arrest lacking ground of relevant criminal facts. So, the victim has the right to criminal compensation against the judicial organ that has made the wrong decision on arrestment. Therefore, Huang's claim that the People's Procuratorate of Pinghu City is the organ liable for compensation that shall compensate for his losses comply with the provisions of law. 根据《中华人民共和国国家赔偿法》第十五条规定的内容,行使侦查、检察、审判、监狱管理职权的机关及其工作人员,对没有犯罪事实的人错误逮捕的,属于侵犯人身权的情形,受害人有取得赔偿的权利。平湖市人民检察院以涉嫌贪污为理,强制限制赔偿请求人黄景嘉204天的人身自由,事实清楚。黄景嘉涉嫌贪污案最终因平湖市人民检察院认为证据达不到确实、充分的起诉条件而撤销,实际上是无法证明犯罪嫌疑人有犯罪事实。不能证明犯罪嫌疑人的犯罪事实而将其逮捕,就是没有犯罪事实的错误的逮捕。受害人对作出错误的逮捕决定的司法机关,有权提出刑事赔偿。因此,赔偿请求人黄景嘉要求平湖市人民检察院作为赔偿义务机关赔偿其损失,符合法律的规定。
The organ liable for compensation made a decision on not confirming Huang's claim for compensation. The People's Procuratorate of Jiaxing City, upon review, sustained the decision of the Procuratorate of Pinghu City. The aforesaid two decisions lead to Huang's claim for state compensation that shall have entered into the procedures for state compensation but failed. As to the decision of the People's Procuratorate of Pinghu City on rejecting the claim as well as the decision of the People's Procuratorate of Jiaxing City on review, it shall be deemed that the organ liable for compensation and the review organ have respectively made a decision on not granting any compensation. Huang believed that the decisions of the aforesaid two organs violated the provisions of the State Compensation Law
会让它误以为那是爱情
and thus filed an appeal for compensation with this Compensation Committee, and therefore this Court shall accept it according to law.
 赔偿义务机关平湖市人民检察院对赔偿请求人黄景嘉的赔偿申请,已经作出了不予确认的决定;复议机关嘉兴市人民检察院经复议,维持了平湖市人民检察院的决定。上述两个决定,致使黄景嘉的国家刑事赔偿申请,应当进入国家赔偿程序而没有进入国家赔偿程序。对平湖市人民检察院作出的不予确认决定以及嘉兴市人民检察院作出的复议决定,应视为赔偿义务机关和复议机关已经分别作出了不予赔偿的决定。赔偿请求人黄景嘉认为赔偿义务机关和复议机关的决定违反国家赔偿法会让它误以为那是爱情的规定,向本院赔偿委员会提出申请赔偿的请求,本院应该依法予以受理。
Article 20 of the State Compensation Law of the People's Republic of China prescribes that: “An organ liable for compensation shall pay the compensation if its involvement in any of the circumstance stipulated in the provisions of Articles 15 and 16 不能给市场做人工呼吸of this Law has been lawfully confirmed.” The People's Procuratorate of Pinghu city arrested Huang in the absence of sufficient evidence to prove that Huang has any criminal facts of corruption, which has injured the citizen's right to person. The People's Procuratorate of Pinghu City shall, as the organ liable for compensation, bear the obligation of state compensation for criminal infringement and shall perform the actual compensatory obligations as well. 中华人民共和国国家赔偿法》第二十条规定:“赔偿义务机关对依法确认有本法第十五条、第十六条感觉黑人都特别团结规定的情形之一的,应当给予赔偿。”平湖市人民检察院没有充分证据证明黄景嘉有贪污犯罪的事实,即以涉嫌贪污犯罪对其予以逮捕,侵犯了公民的人身权利。平湖市人民检察院应当作为赔偿义务机关依法承担刑事侵权国家赔偿责任,并实际履行赔偿义务。
Article 25 of the State Compensation Law of the People's Republic of China prescribes that: “State compensation shall take the form of payment of damages in the main.” Article 26 prescribes that: “If freedom of the person of a citizen is infringed, compensatory payment for each day shall be assessed in accordance with the State average daily pay of staff and workers in the previous year.” Where an organ liable for compensation gives the state compensation to a victim, it shall be governed by the compensatory scope as prescribed in the State Compensation Law. Huang's claim satisfies the relevant provisions of law that the organ liable for compensation, the People's Procuratorate of Pinghu City, shall compensate for its infringement upon his personal freedom, eradicate the negative effect, recover his reputation and make an apology. The People's Procuratorate of Pinghu City shall satisfy the aforesaid requirements. Yet Huang's claim that the organ liable for compensation shall pay the losses due to emotional disturbance exceeds the compensatory scope as prescribed by the State Compensation Law and lacks legal ground, and thus shall not be sustained. 中华人民共和国国家赔偿法》第二十五条规定:“国家赔偿以支付赔偿金为主要方式。”第二十六条规定:“侵犯公民人身自由的,每日的赔偿金按照国家上年度职工日平均工资计算。”赔偿义务机关对受害人予以国家赔偿,应该以国家赔偿法所规定的赔偿范围为准。赔偿请求人黄景嘉要求赔偿义务机关平湖市人民检察院对侵犯其人身自由作出赔偿,并消除影响、恢复名誉、赔礼道歉,符合法律规定。平湖市人民检察院应当依法作出赔偿,并为赔偿请求人消除影响,恢复名誉,赔礼道歉。但赔偿请求人黄景嘉要求赔偿义务机关支付精神损失费,超出了国家赔偿法规定的赔偿范围,且没有其他法律依据,依法不予支持。
JUDGMENT 
In conclusion, the Intermediate People's Court of Jiaxing City, Zhejiang Province adjudicated as follows on November 12, 2000: 综上,浙江省嘉兴市中级人民法院赔偿委员会于2000年11月12日决定如下:
The People's Procuratorate of Pinghu City, Zhejiang Province shall compensate 6, 705 yuan to Huang, which shall be performed within 15 days as of the day when this Decision comes into force. 浙江省平湖市人民检察院赔偿黄景嘉人民币6705元。自收到本决定之日起15日内履行完毕。
This Decision shall be of legal effect.

 本决定为发生法律效力的决定。
 

     
     
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