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 yuan for 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.
Comments from QQ:
Compensation is necessary, because after all, no matter how much money it is, it will be difficult to make up for this many years of injustice and freedom. But who will be paying for this amount of money? If it is by the government, it’s still the tax money of the ordinary common people! What about the liability of the people involved in the case at the time? Their mistakes shouldn’t be paid for by all the ordinary common people.
Fuck, overtime rates above 8 hours each day is 1.2x wages, 3x for legal holidays, while serving time in jail is a 24-hour job, and without any bonus, benefits, or pension, so how should this be calculated? What more, this is a high-risk job, so you can’t use society’s average wages to calculate it.
China’s government only knows how to bully its own citizens, while behaving like a sick dog towards foreign aggressors. And it is because of this, that the Philippines and North Korea walk all over us [referring to recent and historical events].
1 million would still be a lot 10 years ago, but now I think it is somewhat too little. At least that’s how I see it, don’t know how everyone else sees it.
Sigh, to be finally cleared ten years after a miscarriage of justice, it must seem too long for the people who were wronged. Why was their a miscarriage of justice? It is because the investigation was was not properly done, recklessly closing the case simply because they wanted to be finished with their duties. I hope our law enforcement departments will stop being derelict in their duties.
The problem reflected in this is worth everyone’s profound consideration! The two of them as uncle and nephew did not kill anyone so how could they have admitted to the crime? If they didn’t confess to the crime, how could they have been sentenced? Zhejiang’s police, investigators, and courts truly are niu A‘s younger brother [niu B]!
[Fortunately] he wasn’t executed, otherwise if he had fucking died, who would be held responsible? The people who handled the case back then, where the fuck are they now?
Zhejiang province, well done, fixing their mistakes, this too is being responsible to the people.
Don’t ask for money, have the judges go to jail for ten years!
China is simply a country where too much power is in the hands of the government, and the people are simply sheep. Without a multiparty government, China shouldn’t say anything about democracy. Everything in the United States and Japan is better. Don’t argue. This is the truth. You don’t want to emigrate? You’re living a good life? How many things in China right now are artificially manipulated/controlled, how many town and village rural cadres are behave in a niubi manner? Just what level of rotten has China’s government itself already reached? Etc. etc. etc. etc. (everyone can add to this)
Too unjust, in the end, it is still us taxpayers who in the end must pay the compensation in this case, as if it has nothing to do with those negligent, fraudulent investigators and judges.
I hope Xi Jinping can see this news, where ten years of life gets this kind of unjust result. Truly a tragedy of the law.
I hope the law can really get to the point where everyone is equal, increase the ordinary common people’s sense of happiness, make society be even more fair and equal, respect human rights even more. For there to be human rights, everyone must be equal.
No amount of money can get back one’s own youth!!
These so-called People’s Police… so niu, able to lock people away and ultimately have us taxpayers pay for it.
I only see that they have been released now, but what about the real perpetrator?