Whether revoking state compensation decisions must be based on the same case

2022-07-26 0 By

According to the suggestion of the procurators at the grassroots level, the Supreme People’s Procuratorate built and operated the inspection and answer network, since October 2018 “online”, with its wide-ranging content, strong professional, timely and authoritative answers favored by prosecutors around the country.As an information sharing platform for providing legal policy application, business consultation and q&A services, the inspection network has now become a place for procurators to discuss business and improve their quality as well as a good teacher and helpful friend.Please pay attention to the 76th issue of check web Collection.Contents of procuratorial consultation: The public security organ proposed arrest for the defendant suspected of crime A, the procuratorial organ approved arrest for crime B, and later prosecuted for crime B. The first-instance court acquitted the defendant, the procuratorial organ protested, the second-instance retrial was remanded, and the prosecution was withdrawn.The defendant applied for state compensation and the procuratorial organ decided to compensate.After the public security organ again for the defendant suspected of crime A and c to arrest, the procuratorial organ to the c, after the c prosecution, the people’s court sentenced the defendant to commit crime C, sentenced to fixed-term imprisonment.Below this kind of circumstance, whether basis “people’s procuratorate state compensates work regulation” the 46 regulation, cancel former compensatory decision?(CRIME A: fraud, crime B: false lawsuit, crime C: obstruction of testimony) Consultant: Yuan Yuan, Procuratorate of Qingyuan County, Liaoning Province Personal opinion: The public security organ reported to arrest for fraud, the procuratorial organ approved arrest for false lawsuit, after prosecution because of withdrawal of prosecution to make a compensation decision.Later, the public security organ set up a new case for obstruction of testimony, and the original fraud case was reported as the same case, the procuratorial organ approved the arrest and prosecution for obstruction of testimony, and the people’s court made a guilty verdict on obstruction of testimony.Although it is the same story, but the two criminal facts, the crime of false proceedings has not made a guilty verdict, the compensation decision should still be valid, the defendant can apply for payment.Answer expert Wang Lei: “The People’s Procuratorate state compensation work provisions” article 46 provisions:”The people’s procuratorate shall be the organ liable for compensation of the cases at our hospital in handling or make a decision after compensation for cancellation case, not to prosecute the case or a people’s court acquitted cases, to initiate an investigation, prosecution, interests, should be submitted to the people’s procuratorate at the next higher level for approval, is being dealt with in the criminal compensation cases shall be suspended.If a people’s court makes a final judgment on a person guilty, the criminal compensation case being handled shall be terminated;Where a decision on compensation has been made, it shall be revoked by the organ that made the decision, and the compensation already paid shall be recovered.”The same case should be referred to here.The public security organ reported to arrest for the crime of fraud, and the procuratorial organ approved the arrest and prosecution for the crime of false litigation, and then made a compensation decision because of the withdrawal of the prosecution, which is in line with the provisions of Article 17 of the State Compensation Law of the People’s Republic of China;Later, the public security organ set up a new case on suspicion of hindering the testimony, and the original fraud case was merged into a case to request arrest according to law, the procuratorial organ approved the arrest and prosecution of hindering the testimony crime, and the defendant was finally convicted.Above for the two cases, the charges is different, because of the false action arrested after termination shall be investigated for criminal responsibility according to law, and did not appear to initiate an investigation and initiating public prosecution, the people’s court of final appeal convicted, compensation facts doesn’t change, does not conform to the people’s procuratorate of state compensation work regulations stipulated in article 46 of the condition, which therefore did not apply.It should be noted that, if the effective term of the criminal judgment of the crime of hindering testimony is deducted from the detention time of the arrest and prosecution of the crime of false proceedings, the factual basis of the damages suffered by the claimant disappears, which can be handled by referring to the provisions of the state compensation work of the People’s Procuratorate in article 46.Source: Supreme People’s Procuratorate