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After 166 days of wrongful detention, the head of the enterprise was finally awarded criminal compensation by the State
Released on:2022-06-01

In April 2021, entrepreneur W was criminally detained and subsequently charged with three crimes involving over 100 million dollars. After Mr. Xu intervened, he actively carried out the defense work and knocked out all the charges. 2021 after the successful acquittal defense, the client continued to entrust Mr. Xu to represent him for the state compensation in 2022 and was successfully awarded the compensation.

 

In this case, W was wrongfully detained for a total of 166 days, and in accordance with the State Compensation Law of the People's Republic of China, the organ obligated to pay compensation for infringement of personal freedom. In addition, W believed that his detention had caused the malicious destruction of important assets of the company and the absence of important moments in his children's development, and that he should be compensated for moral damages because of the double damage to his property and spirit. However, these consequences did not fall into the category of "serious consequences" as stipulated in the judicial interpretation, which meant that W could not get the compensation for moral damages.

 

In the end, after the lawyer's communication with the compensation obligation authority, the compensation obligation authority paid not only the compensation for the violation of personal freedom, but also the compensation for moral damage in accordance with the maximum percentage stipulated in the judicial interpretation, and W indicated that she was satisfied with the result and would not apply for reconsideration.