Wrongly Convicted Men Freed After 10 Years, Compensated 1.1m RMB
by Fauna on Wednesday, May 22, 2013
by Fauna on Wednesday, May 22, 2013
From QQ:
Zhejiang High Court Gives Wrongly Convicted Uncle and Nephew Over 1.1 Million Yuan Each in State Compensation
2013 May 17, the Zhejiang Province High People’s Court issued a state compensation judgment during the review of Zhang Hui and Zhang Gaoping’s previous convictions, overruling the previous decision and declaring them innocent, whereby Zhang Hui and Zhang Gaoping will each be paid 1,105,730.60 yuan, totaling 2,211,461.20 yuan.
2013 May 2, Zhang Hui and Zhang Gaoping requested state compensation from the Zhejiang Province High People’s Court after being declared not guilty during a rehearing of their case. The two applied for a total of 2.66 million yuan in state compensation, which includes 1.2 million yuan in compensation for restriction of personal freedom, 1.2 million yuan for mental/emotional distress, 100 thousand yuanfor legal feels, 150 thousand yuan for the selling their Jiefang truck at a low price, and 10 thousand yuan for the two Samsung mobile phones that had been seized. The Zhejiang Province High People’s Court filed the case on the same day. During the investigation of the case, Zhang Hui and Zhang Gaoping individually requested an additional 50 thousand yuan in compensation for deprivation of personal freedom, 50 thousand yuan for mental/emotional distress, and 30 thousand yuan for medical expenses.
The Zhejiang Province High People’s Court, heard Zhang Hui and Zhang Gaoping’s complaints, and after lawfully investigating, believe that from Zhang Hui and Zhang Gaoping’s detainment on 2003 May 23 to their release after appeal on 2013 March 26, the restriction on their personal freedom totaled 3,596 days. According to Article 33 of the “The People’s Republic of China State Compensation Law” which states “with regards to infringing upon a citizen’s personal freedom, daily compensation amounts shall be calculated in accordance to last year’s national average wages for a worker”, it was determined that Zhang Hui and Zhang Gaoping shall respectively be paid 655,739.60 yuan in compensation for infringing upon their personal freedom.
At the same time, in accordance with Article 35′s provisions in “The People’s Republic of China State Compensation Law”, and in comprehensive consideration of Zhang Hui and Zhang Gaoping’s wrongful conviction, sentence implementation, the impact to their work, and such specific circumstances, it was determined that that they would respectively paid 450,000 in mental/emotional distress damages. As for the legal fees, medical expenses, the loss from the sale of their truck, and the other compensation requests by Zhang Hui and Zhang Gaoping, they were ruled as being lawfully outside the Zhejiang Province High People’s Court’s scope of state compensation.
Related Links: Zhang Hui and Zhang Gaoping are related as uncle and nephew. 2003 May 18, around 9pm, after being introduced by someone else, victim Wang X (age of death 17 years old) hitched a ride on the 皖J-11260 Jiefang cargo truck driven by Zhang Hui and Zhang Gaoping headed to Shanghai for deliveries. It passed through Zhejiang province Lin’an city Changhua town, and the next morning at 1:30am arrived near Hangzhou city’s Tianmushan Road West Bus Station. After victim Wang X left the bus station, she was murdered on the morning of 2003 May 19 and subsequently her body was dumped in a gutter along Liuxi Road and Dongmuwu village in Hangzhou city’s West Lake district’s Liuxia town.
Through an investigation by the Public Security Bureau, it was determined that this was done by Zhang Hui and Zhang Gaopeng. Zhang Hui and Zhang Gaopeng were detained on 2003 May 23, and arrested on June 28 of the same year. 2004 February, the Hangzhou Municipal People’s Prosecutor’s Office charged Zhang Hui and Zhang Gaopeng with rape at the Hangzhou Intermediate People’s Court. 2004 April 21, the Hangzhou Intermediate People’s Court separately sentenced Zhang Hui to death and Zhang Gaopeng to life imprisonment. 2004 October 19, the Zhejiang Province High People’s Court of Second Instance revised the judgment so that Zhang Hui would be sentenced to death, to be executed after a two year reprieve, while Zhang Gaoping’s prison term would be limited to fifteen years. 2013 March 26, the Zhejiang Province High People’s Court reheard Zhang Hui and Zhang Gaoping’s rape case in accordance with the law and publicly announced that the original judgment would be reversed, declared Zhang Hui and Zhang Gaoping innocent.
