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Additional compensation for mental suffering family

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  • Started 10 years ago by n0uS1pA5Sa

  1. n0uS1pA5Sa
    Member

    <br>Southern News reporter Hancheng Liang Yun Peng man (a pseudonym) in 2012, found guilty of the crime of contract fraud, the city was the third court of first instance sentenced to 5 years. Peng appealed, eventually Procuratorate to "facts, evidence has changed" on the grounds of its decision not to prosecute, Yun Peng was released, a total of 662 days in custody. PENG then apply to the court for state compensation, Southern reporter was informed a few days ago, after the Dongguan Intermediate People's Court decision to investigate,air max 90 pas cher, Dongguan PENG third court for compensation of 15 million yuan. & Nbsp;<br> <br>Court of First Instance found insufficient evidence revocation<br> <br>In February 2012, on suspicion of committing fraud and deception PENG custody Municipal Public Security Bureau, after the arrest. In the same year on August 2, Dongguan third Procuratorate PENG alleged contract fraud prosecution to Dongguan third court. Court after September 17 the same year made the first trial of criminal judgments, judgments Yun Peng guilty of contract fraud, sentenced to 5 years imprisonment and fined 6,000 yuan.<br> <br>Yun Peng refused to accept the appeal to the Dongguan Intermediate People's Court. Dongguan Intermediate People's Court held that the trial court finds that the facts are unclear,Piumini moncle, insufficient evidence. February 27, 2013, Dongguan Intermediate People's Court ruled that the criminal,http://popmint.holy.jp/cgi14/apeboard_plus.cgi/menu.html/, the trial court revoked the verdict and the case remanded.<br> <br>During the retrial of the case, Dongguan third Procuratorate eventually facts, evidence has changed the grounds for withdrawal of charges against Yun Peng guilty of contract fraud. In December 2013, making the city the third criminal court ruled that the prosecution of Yun Peng's permission to withdraw. December 19,http://gamsa.net/guestbook/index.php?item/create_form/1, 2013,http://211.86.128.2/gjjl/Review.asp?NewsID=595, Dongguan third Procuratorate Peng Ming formal decision not to prosecute, on the 20th, Dongguan City, the third detention center of Peng Ming be released. So far,http://suyu.sqlec.com:8080/showtopic-598929.aspx, PENG total 662 days in custody.<br> <br>The Court of First Instance rejected the applicant State to pay<br> <br>At home, Peng Ming has been around neighbors strange looks. Last year,https://www.jnjvisioncare.co.uk/index.php?item/create_form/1, the Third Court of Dongguan PENG to its custody 662 days of violations of personal liberty compensation requires the annual average daily wage of workers compensation by country, but did not put forward the spirit of compensation claim, the court made no to determine compensation.<br> <br>The court found that the hospital made a guilty verdict of first instance,moncler outlet online,http://phpweb.sjdigit.com/news/html/?117248.html, although the second instance court revoked and remand,http://zazna.com/selection/index.php?item/create_form/1, but during the retrial, the prosecution withdrew their complaint. Thus, the court did not make judgments PENG guilt, asking the court for compensation does not meet the "State Compensation Law" relevant regulations, and therefore decided to apply for compensation for no compensation Peng Yunguo home. Yun Peng refused to accept the decision of compensation to the applicant in Dongguan Intermediate People's Court Compensation Commission.<br> <br>Additional compensation for mental suffering family<br> <br>November 26, 2014, in the survey of the Commission organized hospital in Dongguan, Yun Peng said that during his custody, his family suffered great mental anguish, his father has long been laughed at the same village, his wife has been divorce, two children became autistic character, unwilling to communicate with people, and he himself in custody mental stress, anxiety and feelings of irritability, were released after their families feel social evaluation itself is significantly reduced.<br> <br>After the Commission told to apply the spirit of solatium, indeed request the Commission,Veste barbour, as appropriate, support the spirit of solatium. But he believes that ultimately rely on their future behavior to eliminate the impact of the innocent in custody and brought reputation to reduce the problem,http://marandy.foyer.be/spip.php?article2161, so do not request the court to take appropriate measures for him to eliminate the impact of rehabilitation or apology.<br> <br> latest progress<br> <br>Where the spirit of the compensation of 20,000 yuan<br> <br>UNCC Dongguan Intermediate People's Court that, according to regulations, measures taken after the arrest of citizens, the decision to withdraw the case, the decision not to prosecute or termination acquitted of criminal responsibility, the right of victims to compensation. Second instance commuted innocence, and innocence made after the second trial remand process, and make the people's court of first instance conviction organ liable for compensation.<br> <br>The Committee finds that, regardless of acquittal or a decision not to prosecute, for Yun Peng, the final process is not guilty, therefore, in this case belong to the foregoing circumstances, "the second trial of first instance guilty verdict and acquittal made after remand process" make a guilty verdict of first instance Third People's Court should be liable for compensation.<br> <br>Eventually, the Compensation Committee in accordance with 2013 national average wage of workers in the post Japanese standard 200.69 yuan, the third court decision to the city violated the right to liberty of compensation PENG compensation 132,856.78 yuan. At the same time, taking into account the lack of evidence in the case PENG was convicted and placed in custody for nearly two years, resulting in more serious negative impact on their daily lives, family relationships, child physical and mental growth and social assessment, are in line with everyday experience, to soothe they suffered mental injury,peuterey spaccio, combined with the local average living standards, the Commission discretion third court should PENG 20,000 yuan compensation for mental solatium.<br> <br>Edit: SN069<br><br>

    Posted 10 years ago #

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